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HB 1255 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to portable wireless device repair; 2
creating XIV of ch. 559, F.S., entitled "Digital Right 3
to Repair"; creating s. 559.971, F.S.; providing a 4
short title; creating s. 559.972, F.S.; providing 5
definitions; creating s. 559.973, F.S.; requiring 6
portable wireless device manufacturers to make certain 7
items available to device owners and independent 8
repair providers; prohibiting certain manufacturers 9
from requiring authorized repair providers to continue 10
purchasing certain information in a proprietary 11
format; providing an exception; creating s. 559.974, 12
F.S.; providing for enforcement; providing for 13
damages; providing that a complaint may be filed in 14
circuit court under certain circumstances; providing 15
requirements for such complaint; providing that a 16
violation is a deceptive and unfair trade practice; 17
creating s. 559.975, F.S.; providing construction; 18
creating s. 559.976, F.S.; providing applicability; 19
creating s. 686.35, F.S.; providing definitions; 20
requiring original equipment manufacturers of 21
agricultural equipment to make certain diagnostic and 22
repair information available for no charge and in a 23
certain manner to independent repair providers and 24
owners; prohibiting original equipment manufacturers 25
HB 1255 2026
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from excluding certain information concerning 26
security-related electronic functions; providing 27
construction; providing civil liability; providing an 28
effective date. 29
30
Be It Enacted by the Legislature of the State of Florida: 31
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 "Digital Right to Repair." 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 38
"Portable Wireless Device Repair Act." 39
Section 3. Section 559.972, Florida Statutes, is created 40
to read: 41
559.972 Definitions.—As used in this part, the term: 42
(1) "Authorized repair provider" means: 43
(a) An individual or a business that is unaffiliated with 44
the manufacturer and has an arrangement with the manufacturer 45
under which the manufacturer grants to the individual or 46
business a license to use a trade name, service mark, or other 47
proprietary identifier for the diagnosis, maintenance, or repair 48
of portable wireless devices under the name of the manufacturer, 49
or any other arrangement with the manufacturer to offer services 50
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on behalf of the manufacturer; or 51
(b) A manufacturer that offers the services of diagnosis, 52
maintenance, or repair of portable wireless devices manufactured 53
by the manufacturer or on the manufacturer's behalf, or sold or 54
otherwise supplied by the manufacturer, and that does not do so 55
exclusively through one or more arrangements as described in 56
paragraph (a) with an unaffiliated individual or business. 57
(2) "Documentation" means a manual, a diagram, a reporting 58
output, a service code description, a schematic, a security code 59
or a password, or any other information used in the diagnosis, 60
maintenance, or repair of portable wireless devices. 61
(3) "Fair and reasonable terms," for purposes of obtaining 62
a part, a tool, or documentation, means costs and terms that are 63
equivalent to the most favorable costs and terms under which the 64
manufacturer offers the part, the tool, or the documentation to 65
an authorized repair provider, accounting for any discount, 66
rebate, convenient and timely means of delivery, means of 67
enabling fully restored and updated functionality, rights of 68
use, or other incentive or preference that the manufacturer 69
offers to an authorized repair provider or any additional cost, 70
burden, or impediment that the manufacturer imposes on an owner 71
or independent repair provider. For documentation, including any 72
relevant updates, the term also means at no charge, except that, 73
when the documentation is requested in print form, a charge may 74
be included for the reasonable actual costs of preparing and 75
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mailing the documentation. 76
(4) "Independent repair provider" means an individual or a 77
business that does not have an arrangement with a manufacturer 78
as an authorized repair provider and that is not affiliated with 79
any other individual or business that has such an arrangement 80
with the manufacturer when that individual or business 81
diagnoses, maintains, or repairs portable wireless devices. The 82
term includes a manufacturer or an independent repair provider 83
that diagnoses, maintains, or repairs portable wireless devices 84
that are not manufactured by or on behalf of, or sold or 85
otherwise supplied by, the manufacturer. 86
(5) "Manufacturer" means an individual or a business that 87
sells, leases, or otherwise supplies new portable wireless 88
devices, or parts of new portable wireless devices, manufactured 89
by or on behalf of the individual or business to another 90
individual or business. 91
(6) "Owner" means an individual or a business that 92
lawfully acquires a portable wireless device purchased or used 93
in this state. 94
(7) "Part," unless the context clearly indicates 95
otherwise, means any replacement component made available by or 96
to a manufacturer for the purpose of maintaining or repairing 97
portable wireless devices manufactured by or on behalf of, sold 98
by, or otherwise supplied by the manufacturer. 99
(8) "Portable wireless device" means a product that 100
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includes a battery, microphone, speaker, and display designed to 101
send and receive transmissions through a cellular radio-102
telephone service. 103
(9) "Tool" means any software program, hardware implement, 104
or other apparatus used for diagnosing, maintaining, or 105
repairing portable wireless devices, including software or other 106
mechanisms that program or repair a part, calibrate 107
functionality, or perform any other function required to bring 108
portable wireless devices back to fully functional condition. 109
(10) "Trade secret" has the same meaning as in s. 688.002. 110
Section 4. Section 559.973, Florida Statutes, is created 111
to read: 112
559.973 Requirements.— 113
(1) A manufacturer must make available to an owner of a 114
portable wireless device, and to an independent repair provider 115
of such device, on fair and reasonable terms, documentation, 116
parts, and tools, inclusive of any updates, for diagnosing, 117
maintaining, or repairing such device. This subsection does not 118
require a manufacturer to provide a part that is no longer 119
available to the manufacturer. 120
(2) A manufacturer that sells diagnostic, service, or 121
repair information to an independent repair provider or any 122
other third-party provider in a format that is standardized with 123
other manufacturers, and in a manner and on terms and conditions 124
more favorable than the manner and terms and conditions pursuant 125
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to which an authorized repair provider obtains the same 126
diagnostic, service, or repair information, may not require an 127
authorized repair provider to continue purchasing diagnostic, 128
service, or repair information in a proprietary format, unless 129
such proprietary format includes diagnostic, service, repair, or 130
dealership operations information or functionality that is not 131
available in such standardized format. 132
Section 5. Section 559.974, Florida Statutes, is created 133
to read: 134
559.974 Enforcement.— 135
(1)(a) An independent repair provider or owner who 136
believes that a manufacturer has failed to provide 137
documentation, parts, or tools for diagnosing, maintaining, or 138
repairing a portable wireless device, as required by this part, 139
must notify the manufacturer in writing and give the 140
manufacturer 30 days following receipt of notice to cure the 141
failure. If the manufacturer responds to the notice and cures 142
the failure within the cure period, damages are limited to 143
actual damages in any subsequent litigation. 144
(b) If a manufacturer fails to respond to the notice 145
provided under paragraph (a), or if an independent repair 146
provider or owner is not satisfied with the manufacturer's cure, 147
the independent repair provider or owner may file a complaint in 148
the circuit court of the county in which the independent repair 149
provider has his, her, or its principal place of business or in 150
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which the owner resides. The complaint must include the 151
following: 152
1. Written information confirming that the independent 153
repair provider or owner has attempted to acquire and use, 154
through the then-available standard support function provided by 155
the manufacturer, relevant documentation, parts, and tools, 156
including communicating with customer assistance. 157
2. Evidence of manufacturer notification as required by 158
paragraph (a). 159
(2) In addition to the remedy provided under subsection 160
(1), a violation of this part is a deceptive and unfair trade 161
practice under the Florida Deceptive and Unfair Trade Practices 162
Act. All remedies, penalties, and authority granted to the 163
enforcing authority by that act are available for the 164
enforcement of this part. 165
Section 6. Section 559.975, Florida Statutes, is created 166
to read: 167
559.975 Limitations.— 168
(1) This part does not require a manufacturer to divulge a 169
trade secret, except as necessary to provide documentation, 170
parts, and tools on fair and reasonable terms. 171
(2) This part does not require a manufacturer or an 172
authorized repair provider to provide an owner or independent 173
repair provider access to nondiagnostic and nonrepair 174
information provided by a manufacturer to an authorized repair 175
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provider. 176
Section 7. Section 559.976, Florida Statutes, is created 177
to read: 178
559.976 Applicability.— 179
(1) This part applies to portable wireless devices sold or 180
in use on or after July 1, 2026. 181
(2) This part does not apply to portable wireless devices 182
approved by the United States Food and Drug Administration, 183
security or life-safety systems and devices, or manufacturers of 184
security or life-safety systems and devices. 185
Section 8. Section 686.35, Florida Statutes, is created to 186
read: 187
686.35 Agricultural Equipment Fair Repair Act.— 188
(1) As used in this section, the term: 189
(a) "Authorized repair provider" means an individual or 190
business that has an arrangement for a definite or indefinite 191
period in which an original equipment manufacturer grants to a 192
separate individual or entity a license to use a trade name, 193
service mark, or related characteristic for the purpose of 194
offering repair services under the name of the original 195
equipment manufacturer. 196
(b) "Embedded software" means any programmable 197
instructions provided on firmware delivered with equipment for 198
the purpose of equipment operation, including all relevant 199
patches and fixes made by the original equipment manufacturer 200
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for this purpose. The term includes, but is not limited to, a 201
basic internal operating system, an internal operating system, a 202
machine code, an assembly code, a robot code, or a microcode. As 203
used in this paragraph, the term "firmware" means a software 204
program or set of instructions programmed on a hardware device 205
to allow the device to communicate with other computer hardware. 206
(c) "Equipment" means digital electronic equipment, or a 207
part for such equipment, which is originally manufactured for 208
farm equipment, including combines, tractors, implements, self-209
propelled equipment, and related attachments and implements, and 210
which is manufactured for distribution and sale in this state, 211
but excluding all-terrain vehicles, off-highway motorcycles, and 212
recreational off-highway vehicles. As used in this paragraph, 213
the term "part" means a replacement part, either new or used, 214
which the original equipment manufacturer makes available to the 215
authorized repair provider for the purpose of effecting repair. 216
(d) "Independent repair provider" means an individual or 217
business operating in this state which is not affiliated with an 218
original equipment manufacturer or an original equipment 219
manufacturer's authorized repair provider and which is engaged 220
in the diagnosis, service, maintenance, or repair of equipment. 221
However, an original equipment manufacturer meets the definition 222
of an independent repair provider if such original equipment 223
manufacturer engages in the diagnosis, service, maintenance, or 224
repair of equipment that is not affiliated with the original 225
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equipment manufacturer. 226
(e) "Original equipment manufacturer" means an individual 227
or business that, in the ordinary course of business, is engaged 228
in the selling or leasing of new equipment to an individual or 229
business and is engaged in the diagnosis, service, maintenance, 230
or repair of such equipment. 231
(f) "Owner" means an individual or business that owns or 232
leases a digital electronic product purchased or used in this 233
state. 234
(g) "Trade secret" means anything, whether tangible or 235
intangible or electronically stored or kept, which constitutes, 236
represents, evidences, or records intellectual property, 237
including secret or confidentially held designs, processes, 238
procedures, formulas, inventions, or improvements or secret or 239
confidentially held scientific, technical, merchandising, 240
production, financial, business, or management information. The 241
term also includes any other trade secret as defined in 18 242
U.S.C. s. 1839. 243
(2) For equipment sold and used in this state, the 244
original equipment manufacturer shall make available diagnostic 245
and repair information, including repair technical updates and 246
corrections to embedded software, to any independent repair 247
provider or owner of equipment manufactured by such original 248
equipment manufacturer. The information must be made available 249
for no charge or must be provided in the same manner as the 250
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original equipment manufacturer makes such diagnostic and 251
nonrepair information available to an authorized repair 252
provider. Thereafter, the original equipment manufacturer is not 253
responsible for the content and functionality of such 254
aftermarket diagnostic tools, diagnostics, or service 255
information systems. 256
(3) Original equipment manufactured by the original 257
equipment manufacturer which is sold or used in this state to 258
provide security-related functions may not exclude from 259
information provided to an owner or an independent repair 260
provider any diagnostic, service, and repair information 261
necessary to reset a security-related electronic function. If 262
such information is excluded under this section, the information 263
necessary to reset an immobilizer system or a security-related 264
electronic module must be obtainable by an owner or an 265
independent repair provider through the appropriate secure data 266
release system. 267
(4) This section may not be construed to do any of the 268
following: 269
(a) Require an original equipment manufacturer to divulge 270
a trade secret. 271
(b) Abrogate, interfere with, contradict, or alter the 272
terms of an agreement executed and in force between an 273
authorized repair provider and an original equipment 274
manufacturer, including, but not limited to, the performance or 275
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provision of warranty or recall repair work by an authorized 276
repair provider on behalf of an original equipment manufacturer 277
pursuant to such authorized repair agreement, except that any 278
provision in such authorized repair agreement which purports to 279
waive, avoid, restrict, or limit an original equipment 280
manufacturer's compliance with this section is void and 281
unenforceable. 282
(c) Require original equipment manufacturers or authorized 283
repair providers to provide an owner or an independent repair 284
provider access to nondiagnostic and nonrepair information 285
provided by an original equipment manufacturer to an authorized 286
repair provider pursuant to the terms of an authorized repair 287
agreement. 288
(5) An original equipment manufacturer found in violation 289
of this section is liable for a civil penalty of not more than 290
$500 for each violation. 291
Section 9. This act shall take effect July 1, 2026. 292