Read the full stored bill text
Florida Senate
-
2026
SB 586
By
Senator Smith
17-00053A-26 2026586__
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 defining terms; creating s. 559.973, F.S.; requiring
7 original equipment manufacturers to make available
8 documentation, parts, and tools required for the
9 diagnosis, maintenance, or repair of mobility devices
10 and parts for such devices; requiring original
11 equipment manufacturers of mobility devices with
12 electronic security locks to make available any
13 special documentation, parts, and tools required to
14 access and reset the locks when disabled in the course
15 of diagnosis, maintenance, or repair; creating s.
16 559.974, F.S.; providing that violation of the act is
17 an unlawful practice under the Florida Deceptive and
18 Unfair Trade Practices Act; creating s. 559.975, F.S.;
19 providing that original equipment manufacturers are
20 not required to divulge trade secrets; providing that
21 the act does not alter the terms of an arrangement
22 between an authorized repair provider and an original
23 equipment manufacturer; providing an exception;
24 limiting the liability of original equipment
25 manufacturers and authorized repair providers in
26 certain circumstances; creating s. 559.976, F.S.;
27 providing applicability; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1.
Part XIV of chapter 559, Florida Statutes,
32
consisting of ss. 559.971-559.976, is created and entitled
33
“Repair of Mobility Devices.”
34 Section 2. Section 559.971, Florida Statutes, is created to
35 read:
36
559.971
Short title.—This part may be cited as the “Right
37
to Repair Act for Mobility Devices.”
38 Section 3. Section 559.972, Florida Statutes, is created to
39 read:
40
559.972
Definitions.—As used in this part, the term:
41
(1)
“Authorized repair provider” means an individual or a
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business that has an arrangement with the original equipment
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manufacturer under which the original equipment manufacturer
44
grants to the individual or business a license to use a trade
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name, service mark, or other proprietary identifier for the
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purposes of offering the services of diagnosis, maintenance, or
47
repair of a mobility device under the name of the original
48
equipment manufacturer, or other arrangement with the original
49
equipment manufacturer to offer such services on behalf of the
50
original equipment manufacturer. An original equipment
51
manufacturer that offers the services of diagnosis, maintenance,
52
or repair of its own mobility device, and that does not have an
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arrangement with an unaffiliated individual or business, is
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considered an authorized repair provider with respect to
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mobility devices.
56
(2)
“Documentation” means a manual, diagram, reporting
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output, service code description, schematic diagram, security
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code, password, or any other guidance or information used in
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effecting the services of diagnosis, maintenance, or repair of a
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mobility device.
61
(3)
“Fair and reasonable terms” means making available
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documentation, tools, or parts as follows:
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(a)
Documentation made available by the original equipment
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manufacturer at no charge, except that when a physical copy is
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requested, a charge may be included for the reasonable actual
66
costs of preparing and sending the copy.
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(b)
Tools made available by the original equipment
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manufacturer at no charge:
69
1.
Without requiring authorization or Internet access for
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use or operation of the tools.
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2.
Without imposing impediments to access or use the tools
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to diagnose, maintain, or repair and enable full functionality
73
of digital electronic equipment.
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3.
In a manner that does not impair the efficient and cost
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effective performance of any such diagnosis, maintenance, or
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repair.
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However, if a tool is requested in physical form, a charge may
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be included for the reasonable actual costs of preparing and
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sending the tool.
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(c)
Parts made available by the original equipment
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manufacturer, either directly or through an authorized repair
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provider, to independent repair providers and owners at costs
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and terms that are equivalent to the most favorable costs and
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terms under which an original equipment manufacturer offers the
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parts to an authorized repair provider, and that:
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1.
Accounts for a discount, rebate, convenient and timely
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means of delivery, means of enabling fully restored and updated
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functionality, rights of use, or:
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a.
Any other incentive or preference the original
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manufacturer offers to an authorized repair provider; or
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b.
Any additional cost or impediment the original equipment
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manufacturer imposes on an owner or independent repair provider.
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2.
Are not conditioned upon or do not impose a substantial
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obligation or restriction that is not reasonably necessary for
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enabling the owner or independent repair provider to engage in
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the diagnosis, maintenance, or repair of equipment made by or on
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behalf of the original equipment manufacturer.
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3.
Are not conditioned upon an arrangement with the
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original equipment manufacturer.
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(4)
“Independent repair provider” means an individual or
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business operating in this state which is unaffiliated with an
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original equipment manufacturer and which is engaged in the
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services of diagnosis, maintenance, or repair of mobility
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devices.
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(5)
“Original equipment manufacturer” means a business
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engaged in selling, leasing, or supplying new mobility devices
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designed for individuals with physical disabilities including,
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but not limited to, power wheelchairs, manual wheelchairs,
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mobility scooters, and power assist devices for manual
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wheelchairs which are manufactured by or on behalf of such
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business for sale to an individual or business.
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(6)
“Owner” means an individual or business that owns or
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leases a mobility device purchased or used in this state.
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(7)
“Part” means any replacement part, either new or used,
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made available by an original equipment manufacturer for
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purposes of effecting the services of maintenance or repair of a
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mobility device manufactured by or on behalf of, sold, or
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otherwise supplied by the original equipment manufacturer.
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(8)
“Tool” means any software, hardware, or other apparatus
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used for the diagnosis, maintenance, or repair of a mobility
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device, including, but not limited to, software or any other
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mechanism that programs a new part, calibrates functionality, or
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performs any other function required to return the mobility
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device to its fully functional condition, which includes any
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updates.
127
(9)
“Trade secret” has the same meaning as in s. 688.002.
128 Section 4. Section 559.973, Florida Statutes, is created to
129 read:
130
559.973
Requirements.—
131
(1)
For mobility devices and parts for mobility devices
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that are sold or used in this state, an original equipment
133
manufacturer must make available to any independent repair
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provider or owner by, on behalf of, or sold by such original
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equipment manufacturer, on fair and reasonable terms, any
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documentation, parts, and tools required for the diagnosis,
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maintenance, or repair of such devices and parts, which includes
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any updates. The documentation, parts, and tools must be made
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available either directly by the original equipment manufacturer
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or by an authorized repair provider.
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(2)
For equipment that contains an electronic security lock
142
or other security-related function, the original equipment
143
manufacturer must make available to an owner or independent
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repair provider, on fair and reasonable terms, any special
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documentation, tools, and parts required to access and reset the
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lock or function when disabled in the course of diagnosis,
147
maintenance, or repair of the mobility device. The
148
documentation, parts, and tools may be made available through
149
appropriate secure release systems.
150 Section 5. Section 559.974, Florida Statutes, is created to
151 read:
152
559.974
Enforcement.—A violation of this part is punishable
153
under the Florida Deceptive and Unfair Trade Practices Act.
154 Section 6. Section 559.975, Florida Statutes, is created to
155 read:
156
559.975
Limitations.—
157
(1)
This part does not require an original equipment
158
manufacturer to divulge a trade secret to an owner or
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independent service provider.
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(2)
This part does not alter the terms of an arrangement
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between an authorized repair provider and an original equipment
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manufacturer, including, but not limited to, the performance or
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provision of warranty or recall repair work by an authorized
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repair provider on behalf of an original equipment manufacturer
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and pursuant to such arrangement. However, any terms that waive,
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avoid, restrict, or limit the original equipment manufacturer’s
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obligation to comply with this part are void.
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(3)
An original equipment manufacturer or an authorized
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repair provider is not liable for any damage or injury caused by
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an independent repair provider or owner to a mobility device
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which occurs during the course of repair, diagnosis, or
172
maintenance.
173 Section 7. Section 559.976, Florida Statutes, is created to
174 read:
175
559.976
Applicability.—This part applies with respect to
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mobility devices sold or in use on or after July 1, 2026.
177 Section 8. This act shall take effect July 1, 2026.