THE BILL ITSELF
CS/HB 487
Repair of Mobility Devices
1
A bill to be entitled
2
An act relating to repair of mobility devices;
3
creating part XIV of ch. 559, F.S., entitled "Repair
4
of Mobility Devices"; creating s. 559.971, F.S.;
5
providing a short title; creating s. 559.972, F.S.;
6
providing definitions; creating s. 559.973, F.S.;
7
requiring original equipment manufacturers to make
8
available documentation, embedded software, firmware,
9
parts, and tools required to service mobility devices
10
and parts of such devices; requiring original
11
equipment manufacturers of mobility devices with
12
electronic security locks to make available any
13
special documentation, embedded software, firmware,
14
parts, and tools required to access and reset the
15
locks when disabled in the course of service; creating
16
s. 559.974, F.S.; providing that violation of the act
17
is an unlawful practice under the Florida Deceptive
18
and Unfair Trade Practices Act; creating s. 559.975,
19
F.S.; providing that original equipment manufacturers
20
are not required to divulge trade secrets; providing
21
that the act does not alter the terms of an
22
arrangement between an authorized repair provider and
23
an original equipment manufacturer; providing an
24
exception; limiting the liability of original
25
equipment manufacturers and authorized repair
26
providers in certain circumstances; creating s.
27
559.976, F.S.; providing applicability; providing an
28
effective date.
30
Be It Enacted by the Legislature of the State of Florida:
32
Section 1. Part XIV of chapter 559, Florida Statutes,
33
consisting of ss. 559.971-559.976, Florida Statutes, is created
34
and entitled "Repair of Mobility Devices."
35
Section 2. Section 559.971, Florida Statutes, is created
36
to read:
37
559.971 Short title.-This part may be cited as the "Right
38
to Repair Act for Mobility Devices."
39
Section 3. Section 559.972, Florida Statutes, is created to read:
41
559.972 Definitions.-As used in this part, the term:
42
(1) "Authorized repair provider" means an individual or a
43
business that has an arrangement with the original equipment
44
manufacturer under which the original equipment manufacturer
45
grants to the individual or business a license to use a trade
46
name, service mark, or other proprietary identifier for the
47
purposes of servicing a mobility device under the name of the
48
original equipment manufacturer, or other arrangement with the
49
original equipment manufacturer to offer such services on behalf
50
of the original equipment manufacturer. An original equipment
51
manufacturer that services its own mobility device, and that
52
does not have an arrangement with an unaffiliated individual or
53
business, is an authorized repair provider with respect to
54
mobility devices.
55
(2) "Documentation" means a manual, diagram, reporting
56
output, service code description, schematic diagram, security
57
code, password, or any other guidance or information used in
58
servicing a mobility device.
59
(3) "Embedded software" means programmable instructions
60
provided on firmware delivered with an electronic component of a
61
mobility device or with any part for the purpose of restoring or
62
improving operation of the mobility device or part and includes
63
all relevant patches and fixes that the original equipment
64
manufacturer makes to a mobility device or to any part for the
65
purpose of restoring or improving the mobility device or part.
66
(4) "Fair and reasonable terms" means making available
67
documentation, tools, or parts as follows:
68
(a) Documentation must be made available by the original
69
equipment manufacturer at no charge, except that when a physical
70
copy is requested, a charge may be included for the reasonable
71
actual costs of preparing and sending the copy.
72
(b) Tools must be made available by the original equipment
73
manufacturer at no charge:
74
1. Without requiring authorization or Internet access for
75
use or operation.
76
2. Without imposing impediments to access or use.
77
3. In a manner that does not impair the efficient and
78
cost-effective performance of any such service and ensures that
79
full functionality of digital electronic equipment is enabled.
81
However, if a tool is requested in physical form, a charge may
82
be included for the reasonable, actual costs of preparing and
83
sending the tool.
84
(c) Parts must be made available by the original equipment
85
manufacturer, either directly or through an authorized repair
86
provider, to an independent repair provider or owner at costs
87
and terms that are equivalent to the most favorable costs and
88
terms under which an original equipment manufacturer offers the
89
parts to an authorized repair provider, and that:
90
1. Accounts for:
91
a. Any discount, rebate, delivery method, functionality,
92
rights of use, incentive, preference; or
93
b. Any additional cost or impediment the original
94
equipment manufacturer imposes on an authorized repair provider.
95
2. Does not condition or impose a substantial obligation
96
or restriction that is not reasonably necessary for enabling the
97
independent repair provider or owner to service a mobility
98
device.
99
3. Is not conditioned upon an arrangement with the
100
original equipment manufacturer.
101
(5) "Firmware" means a software program or set of
102
instructions programmed on a mobility device or a part to allow
103
a mobility device or a part to communicate with itself or with
104
other computer hardware.
105
(6) "Independent repair provider" means an individual or
106
business operating in this state engaged in servicing mobility
107
devices, which is unaffiliated with an original equipment
108
manufacturer.
109
(7) "Mobility device" means equipment designed for people
110
with a mobility disability, including power wheelchairs, manual
111
wheelchairs, mobility scooters, and power assist devices for
112
manual wheelchairs.
113
(8) "Original equipment manufacturer" means an individual
114
or business that is engaged in manufacturing, selling, leasing,
115
or supplying new mobility devices.
116
(9) "Owner" means an individual or business that owns or
117
leases a mobility device purchased or used in this state.
118
(10) "Part" means any replacement part, either new or
119
used, made available by an original equipment manufacturer to
120
service a mobility device manufactured by or on behalf of, sold,
121
or otherwise supplied by the original equipment manufacturer.
122
(11) "Service," "services," or "servicing" means any
123
activity related to the diagnosis, maintenance, or repair of a
124
mobility device or a part thereof.
125
(12) "Tool" means any software, hardware, or other
126
apparatus used for the service of a mobility device, including,
127
but not limited to, software or any other mechanism that
128
programs a new part, calibrates functionality, or performs any
129
other function required to return the mobility device to its
130
fully functional condition, which includes any updates.
131
(13) "Trade secret" has the same meaning as in s. 688.002.
132
Section 4. Section 559.973, Florida Statutes, is created
133
to read:
134
559.973 Requirements.—
135
(1) For the purpose of servicing mobility devices and
136
parts of mobility devices that are sold or used in this state,
137
an original equipment manufacturer must make available to any
138
independent repair provider or owner of the original equipment
139
manufacturer's mobility device, on fair and reasonable terms,
140
any documentation, embedded software, firmware, parts, and tools
141
that are necessary to service such mobility devices and parts,
142
including any updates to documentation, embedded software,
143
firmware, parts, and tools. The documentation, embedded
144
software, firmware, parts, and tools must be made available
145
either directly by the original equipment manufacturer or by an
146
authorized repair provider.
147
(2) For equipment that contains an electronic security
148
lock or other security-related function, the original equipment
149
manufacturer must make available to an independent repair
150
provider or owner, on fair and reasonable terms, any special
151
documentation, embedded software, firmware, tools, and parts
152
required to access and reset the lock or function when disabled
153
in the course of servicing the mobility device. The
154
documentation, embedded software, firmware, parts, and tools may
155
be made available through appropriate secure release systems.
156
Section 5. Section 559.974, Florida Statutes, is created
157
to read:
158
559.974 Enforcement.—A violation of this part is
159
punishable under the Florida Deceptive and Unfair Trade
160
Practices Act.
161
Section 6. Section 559.975, Florida Statutes, is created
162
to read:
163
559.975 Limitations.—
164
(1) This part does not require an original equipment
165
manufacturer to divulge a trade secret to an independent service
166
provider or an owner of the original equipment manufacturer's
167
mobility device.
168
(2) This part does not alter the terms of an arrangement
169
between an authorized repair provider and an original equipment
170
manufacturer, including, but not limited to, the performance or
171
provision of warranty or recall repair work by an authorized
172
repair provider on behalf of an original equipment manufacturer
173
and pursuant to such arrangement. However, any terms that waive,
174
avoid, restrict, or limit the original equipment manufacturer's
175
obligation to comply with this part are void.
176
(3) An original equipment manufacturer and an authorized
177
repair provider are not liable for any damage or injury caused
178
by an independent repair provider or owner to a mobility device
179
that occurs during the course of service of a mobility device. Section 7. Section 559.976, Florida Statutes, is created
181
to read:
182
559.976 Applicability.—This part applies with respect to
183
mobility devices sold or in use on or after July 1, 2026.
184
Section 8. This act shall take effect July 1, 2026.