Read the full stored bill text
Florida Senate
-
2026
CS for SB 806
By
the Committee on Agriculture; and Senator Truenow
575-02256-26 2026806c1
1 A bill to be entitled
2 An act relating to consumers’ right to repair certain
3 equipment; providing a directive to the Division of
4 Law Revision; creating s. 559.971, F.S.; providing a
5 short title; creating s. 559.972, F.S.; defining
6 terms; creating s. 559.973, F.S.; requiring portable
7 wireless device manufacturers to make certain items
8 available to device owners and independent repair
9 providers; prohibiting certain manufacturers from
10 requiring authorized repair providers to continue
11 purchasing certain information in a proprietary
12 format; providing an exception; creating s. 559.974,
13 F.S.; providing for enforcement; providing for
14 damages; providing that a complaint may be filed in
15 circuit court under certain circumstances; providing
16 requirements for such complaint; providing that a
17 violation is a deceptive and unfair trade practice;
18 creating s. 559.975, F.S.; providing construction;
19 creating s. 559.976, F.S.; providing applicability;
20 creating s. 686.35, F.S.; defining terms; requiring
21 original equipment manufacturers of agricultural
22 equipment to make certain diagnostic and repair
23 information available for no charge and in a certain
24 manner to independent repair providers and owners;
25 prohibiting original equipment manufacturers from
26 excluding certain information concerning security
27 related functions; providing construction; providing
28 civil liability; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1.
The Division of Law Revision is directed to
33
create part XIV of chapter 559, Florida Statutes, consisting of
34
ss. 559.971-559.976, Florida Statutes, to be entitled “Digital
35
Right to Repair.”
36 Section 2. Section 559.971, Florida Statutes, is created to
37 read:
38
559.971
Short title.—This part may be cited as the
39
“Portable Wireless Device Repair Act.”
40 Section 3. Section 559.972, Florida Statutes, is created to
41 read:
42
559.972
Definitions.—As used in this act, the term:
43
(1)
“Authorized repair provider” means an individual or a
44
business that is unaffiliated with the manufacturer and has an
45
arrangement with the manufacturer under which the manufacturer
46
grants to the individual or business a license to use a trade
47
name, service mark, or other proprietary identifier for the
48
diagnosis, maintenance, or repair of portable wireless devices
49
under the name of the manufacturer, or any other arrangement
50
with the manufacturer to offer services on behalf of the
51
manufacturer. A manufacturer that offers the services of
52
diagnosis, maintenance, or repair of portable wireless devices
53
manufactured by the manufacturer or on the manufacturer’s
54
behalf, or sold or otherwise supplied by the manufacturer, and
55
that does not do so exclusively through one or more arrangements
56
as described in this subsection with an unaffiliated individual
57
or business, is deemed to be an authorized repair provider of
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portable wireless devices.
59
(2)
“Documentation” means a manual, a diagram, a reporting
60
output, a service code description, a schematic, a security code
61
or a password, or any other information used in the diagnosis,
62
maintenance, or repair of portable wireless devices.
63
(3)
“Fair and reasonable terms,” for purposes of obtaining
64
a part, a tool, or documentation, means costs and terms that are
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equivalent to the most favorable costs and terms under which the
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manufacturer offers the part, tool, or documentation to an
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authorized repair provider, accounting for any discount, rebate,
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convenient and timely means of delivery, means of enabling fully
69
restored and updated functionality, rights of use, or other
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incentive or preference that the manufacturer offers to an
71
authorized repair provider or any additional cost, burden, or
72
impediment that the manufacturer imposes on an owner or
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independent repair provider. For documentation, including any
74
relevant updates, the term also means at no charge, except that,
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when the documentation is requested in print form, a charge may
76
be included for the reasonable actual costs of preparing and
77
mailing the documentation.
78
(4)
“Independent repair provider” means an individual or a
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business that does not have an arrangement with a manufacturer
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as an authorized repair provider and that is not affiliated with
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any other individual or business that has such an arrangement
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with the manufacturer when that individual or business
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diagnoses, maintains, or repairs portable wireless devices. The
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term includes a manufacturer or an independent repair provider
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that diagnoses, maintains, or repairs portable wireless devices
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that are not manufactured by or on behalf of, or sold or
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otherwise supplied by, the manufacturer.
88
(5)
“Manufacturer” means an individual or a business that
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sells, leases, or otherwise supplies new portable wireless
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devices, or parts of new portable wireless devices, manufactured
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by or on behalf of the individual or business to another
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individual or business.
93
(6)
“Owner” means an individual or a business that lawfully
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acquires a portable wireless device purchased or used in this
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state.
96
(7)
“Part” means any replacement component made available
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by or to a manufacturer for the purpose of maintaining or
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repairing portable wireless devices manufactured by or on behalf
99
of, sold by, or otherwise supplied by the manufacturer.
100
(8)
“Portable wireless device” means a product that
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includes a battery, microphone, speaker, and display designed to
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send and receive transmissions through a cellular radio-
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telephone service. The term does not include a motor vehicle or
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any product or service manufactured or sold by a motor vehicle
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manufacturer or motor vehicle dealer.
106
(9)
“Tool” means any software program, hardware implement,
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or other apparatus used for diagnosing, maintaining, or
108
repairing portable wireless devices, including software or other
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mechanisms that program or repair a part, calibrate
110
functionality, or perform any other function required to bring
111
portable wireless devices back to fully functional condition.
112
(10)
“Trade secret” has the same meaning as in s. 688.002.
113 Section 4. Section 559.973, Florida Statutes, is created to
114 read:
115
559.973
Requirements.—
116
(1)
A manufacturer must make available to an owner of a
117
portable wireless device and to an independent repair provider
118
of such device, on fair and reasonable terms, documentation,
119
parts, and tools, inclusive of any updates, for diagnosing,
120
maintaining, or repairing such device. This subsection does not
121
require a manufacturer to provide a part that is no longer
122
available to the manufacturer.
123
(2)
A manufacturer that sells diagnostic, service, or
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repair information to an independent repair provider or any
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other third-party provider in a format that is standardized with
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other manufacturers, and in a manner and on terms and conditions
127
more favorable than the manner and terms and conditions pursuant
128
to which an authorized repair provider obtains the same
129
diagnostic, service, or repair information, may not require an
130
authorized repair provider to continue purchasing diagnostic,
131
service, or repair information in a proprietary format, unless
132
such proprietary format includes diagnostic, service, repair, or
133
dealership operations information or functionality that is not
134
available in such standardized format.
135 Section 5. Section 559.974, Florida Statutes, is created to
136 read:
137
559.974
Enforcement.—
138
(1)(a)
An independent repair provider or owner who believes
139
that a manufacturer has failed to provide documentation, parts,
140
or tools for diagnosing, maintaining, or repairing a portable
141
wireless device as required by this part must notify the
142
manufacturer in writing and give the manufacturer 30 days
143
following receipt of notice to cure the failure. If the
144
manufacturer responds to the notice and cures the failure within
145
the cure period, damages are limited to actual damages in any
146
subsequent litigation.
147
(b)
If a manufacturer fails to respond to the notice
148
provided under paragraph (a), or if an independent repair
149
provider or owner is not satisfied with the manufacturer’s cure,
150
the independent repair provider or owner may file a complaint in
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the circuit court of the county in which the independent repair
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provider has his, her, or its principal place of business or in
153
which the owner resides. The complaint must include the
154
following:
155
1.
Written information confirming that the independent
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repair provider or owner has attempted to acquire and use,
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through the then-available standard support function provided by
158
the manufacturer, relevant documentation, parts, and tools,
159
including communicating with customer assistance.
160
2.
Evidence of manufacturer notification as required by
161
paragraph (a).
162
(2)
In addition to the remedy provided under subsection
163
(1), a violation of this part is a deceptive and unfair trade
164
practice under the Florida Deceptive and Unfair Trade Practices
165
Act. All remedies, penalties, and authority granted to the
166
enforcing authority by that act are available for the
167
enforcement of this part.
168 Section 6. Section 559.975, Florida Statutes, is created to
169 read:
170
559.975
Limitations.—
171
(1)
This part does not require a manufacturer to divulge a
172
trade secret, except as necessary to provide documentation,
173
parts, and tools on fair and reasonable terms.
174
(2)
This part does not require a manufacturer or an
175
authorized repair provider to provide an owner or independent
176
repair provider access to nondiagnostic and nonrepair
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information provided by a manufacturer to an authorized repair
178
provider.
179 Section 7. Section 559.976, Florida Statutes, is created to
180 read:
181
559.976
Applicability.—
182
(1)
This part applies to portable wireless devices sold or
183
in use on or after July 1, 2026.
184
(2)
This part does not apply to portable wireless devices
185
approved by the United States Food and Drug Administration,
186
security or life-safety systems and devices, or manufacturers of
187
security or life-safety systems and devices.
188 Section 8. Section 686.35, Florida Statutes, is created to
189 read:
190
686.35
Agricultural Equipment Fair Repair Act
.—
191
(1)
As used in this section, the term:
192
(a)
“Authorized repair provider” means an individual or
193
entity that has an arrangement for a definite or indefinite
194
period in which an original equipment manufacturer grants to a
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separate individual or entity a license to use a trade name,
196
service mark, or related characteristic for the purpose of
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offering repair services under the name of the original
198
equipment manufacturer.
199
(b)
“Embedded software” means any programmable instructions
200
provided on firmware delivered with equipment for the purpose of
201
equipment operation, including all relevant patches and fixes
202
made by the original equipment manufacturer for this purpose.
203
The term includes, but is not limited to, a basic internal
204
operating system, an internal operating system, a machine code,
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an assembly code, a robot code, or a microcode.
206
(c
)
“Equipment” means digital electronic equipment
,
or a
207
part for such equipment
, which
is
originally manufactured for
208
agricultural
equipment, including combines, tractors,
209
implements, self-propelled equipment, and related attachments
210
and implements,
and which is manufactured
for distribution and
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sale in this state.
212
(d)
“Fair and reasonable terms” means an equitable price in
213
light of relevant factors, including, but not limited to:
214
1.
The net cost to the authorized repair provider for
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similar information obtained from an original equipment
216
manufacturer, excluding any applicable discount, rebate, or
217
other incentive program;
218
2.
The cost to the original equipment manufacturer for
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preparing and distributing the information, excluding any
220
research and development costs incurred in designing and
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implementing, upgrading, or altering the product, but including
222
amortized capital costs for the preparation and distribution of
223
the information;
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3.
The price charged by other original equipment
225
manufacturers for similar information;
226
4.
The price charged by original equipment manufacturers
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for similar information before the launch of original equipment
228
manufacturer websites;
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5.
The ability of aftermarket technicians or shops to
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afford the information;
231
6.
The means by which the information is distributed;
232
7.
The extent to which the information is used, including
233
the number of users and the frequency, duration, and volume of
234
use; and
235
8.
Inflation.
236
(e)
“Firmware” means a software program or set of
237
instructions programmed on a hardware device to allow the device
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to communicate with other computer hardware.
239
(f)
“Independent repair provider” means a person or
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business operating in this state which is not affiliated with an
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original equipment manufacturer or an original equipment
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manufacturer’s authorized repair provider and which is engaged
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in the diagnosis, service, maintenance, or repair of equipment.
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However, an original equipment manufacturer meets the definition
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of an independent repair provider if such original equipment
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manufacturer engages in the diagnosis, service, maintenance, or
247
repair of equipment that is not affiliated with the original
248
equipment manufacturer.
249
(g)
“Original equipment manufacturer” means a person or
250
business that, in the ordinary course of business, is engaged in
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the selling or leasing of new equipment to a person or business
252
and is engaged in the diagnosis, service, maintenance, or repair
253
of such equipment.
254
(h)
“Owner” means a person or business that owns or leases
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a digital electronic product purchased or used in this state.
256
(i)
“Part” means a replacement part, either new or used,
257
which the original equipment manufacturer makes available to the
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authorized repair provider for the purpose of effecting repair.
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(j)
“Trade secret” means anything, whether tangible or
260
intangible, electronically stored or kept, which constitutes,
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represents, evidences, or records intellectual property,
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including secret or confidentially held designs, processes,
263
procedures, formulas, inventions, or improvements or secret or
264
confidentially held scientific, technical, merchandising,
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production, financial, business, or management information. The
266
term also includes any other trade secret as defined in 18
267
U.S.C. s. 1839.
268
(2)
For equipment sold and used in this state, the original
269
equipment manufacturer shall make available diagnostic and
270
repair information, including repair technical updates and
271
corrections to embedded software, to any independent repair
272
provider or owner of equipment manufactured by such original
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equipment manufacturer. The information must be made available
274
for no charge or must be provided in the same manner as the
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original equipment manufacturer makes such diagnostic and repair
276
information available to an authorized repair provider.
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Thereafter, the original equipment manufacturer is not
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responsible for the content and functionality of such
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aftermarket diagnostic tools, diagnostics, or service
280
information systems.
281
(3)
Original equipment manufactured by the original
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equipment manufacturer which is sold or used in this state to
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provide security-related functions may not exclude from
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information provided to an owner or an independent repair
285
provider any diagnostic, service, and repair information
286
necessary to reset a security-related electronic function. If
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such information is excluded under this section, the information
288
necessary to reset an immobilizer system or a security-related
289
electronic module must be obtainable by an owner or an
290
independent repair provider through the appropriate secure data
291
release system.
292
(4)
This section may not be construed to do any of the
293
following:
294
(a)
Require an original equipment manufacturer to divulge a
295
trade secret.
296
(b)
Abrogate, interfere with, contradict, or alter the
297
terms of an agreement executed and in force between an
298
authorized repair provider and an original equipment
299
manufacturer, including, but not limited to, the performance or
300
provision of warranty or recall repair work by an authorized
301
repair provider on behalf of an original equipment manufacturer
302
pursuant to such authorized repair agreement, except that any
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provision in such an authorized repair agreement which purports
304
to waive, avoid, restrict, or limit an original equipment
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manufacturer’s compliance with this section is void and
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unenforceable.
307
(c)
Require original equipment manufacturers or authorized
308
repair providers to provide an owner or an independent repair
309
provider access to nondiagnostic and nonrepair information
310
provided by an original equipment manufacturer to an authorized
311
repair provider pursuant to the terms of an authorized repair
312
agreement.
313
(5)
An original equipment manufacturer found in violation
314
of this section is liable for a civil penalty of not more than
315
$500 for each violation.
316 Section 9. This act shall take effect July 1, 2026.