HB 487 — Repair of Mobility Devices

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 HBCS/HB 487 2026 A bill to be entitled An act relating to repair of mobility devices;

providingcreating apart directiveXIV to the Division of Lawch. Revision;

559, F.S., entitled "Repair of Mobility Devices";

requiring original equipment manufacturers to make available documentation, embedded software, firmware, parts, and tools required forto theservice diagnosis, maintenance, or repair of mobility devices and parts forof such devices;

requiring original equipment manufacturers of mobility devices with electronic security locks to make available any special documentation, embedded software, firmware, parts, and tools required to access and reset the locks when disabled in the course of diagnosis,service; maintenance, or repair;

limiting the liability of original equipment manufacturers and authorized repair providers in Page 1 of 8 CODING:

hb487-00hb487-01-c1 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 HBCS/HB 487 2026 providers in certain circumstances;

559.971-559.976, Florida Statutes, is created and entitled "Repair of Mobility Devices." Section 2.

(1) "Authorized repair provider" means an individual or a business that has an arrangement with the original equipment manufacturer under which the original equipment manufacturer grants to the individual or business a license to use a trade name, service mark, or other proprietary identifier for the purposes of offeringservicing the services of diagnosis, maintenance, or repair of a mobility device under the name of the original equipment manufacturer, or other arrangement with the original equipment manufacturer to offer such services on behalf of the original equipment manufacturer.

hb487-00hb487-01-c1 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 HBCS/HB 487 2026 manufacturer that offers the services of diagnosis, maintenance, or repair of its own mobility device, and that does not have an arrangement with an unaffiliated individual or business, mustis be considered an authorized repair provider with respect to mobility devices.

(2) "Documentation" means a manual, diagram, reporting output, service code description, schematic diagram, security code, password, or any other guidance or information used in effectingservicing the services of diagnosis, maintenance, or repair of a mobility device.

(3) "Fair"Embedded software" means programmable instructions provided on firmware delivered with an electronic component of a mobility device or with any part for the purpose of restoring or improving operation of the mobility device or part and reasonableincludes terms"all meansrelevant makingpatches availableand documentation,fixes tools,that the original equipment manufacturer makes to a mobility device or partsto asany follows:part for the purpose of restoring or improving the mobility device or part.

(a)(4) Documentation"Fair madeand availablereasonable byterms" themeans originalmaking equipmentavailable manufacturerdocumentation, attools, noor charge,parts exceptas thatfollows: when a physical copy is requested, a charge may be included for the reasonable actual costs of preparing and sending the copy.

(b)(a) ToolsDocumentation must be made available by the original equipment manufacturer at no charge:charge, except that when a physical copy is requested, a charge may be included for the reasonable actual costs of preparing and sending the copy.

(b) Tools must be made available by the original equipment manufacturer at no charge:

Without requiring authorization or Internet access for use or operationoperation. of the tools.

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Without imposing impediments to access or use the tools to diagnose, maintain, or repair and enable full functionality of digital electronic equipment.

3.

In a manner that does not impair the efficient and cost-effective performance of any such diagnosis, maintenance, Page 3 of 8 CODING:

hb487-00hb487-01-c1 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 HBCS/HB 487 2026 or2. repair.

78Without However,imposing ifimpediments ato toolaccess isor requesteduse. in physical form, a charge may be included for the reasonable, actual costs of preparing and sending the tool.

(c)3. Parts made available by the original equipment manufacturer, either directly or through an authorized repair provider, to independent repair providers and owners at costs and terms that are equivalent to the most favorable costs and terms under which an original equipment manufacturer offers the parts to an authorized repair provider, and that:

In a manner that does not impair the efficient and cost-effective performance of any such service and ensures that full functionality of digital electronic equipment is enabled.

81 However, if a tool is requested in physical form, a charge may be included for the reasonable, actual costs of preparing and sending the tool.

(c) Parts must be made available by the original equipment manufacturer, either directly or through an authorized repair provider, to an independent repair provider or owner at costs and terms that are equivalent to the most favorable costs and terms under which an original equipment manufacturer offers the parts to an authorized repair provider, and that:

Accounts forfor: a discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use, or:

Any otherdiscount, incentiverebate, ordelivery preferencemethod, thefunctionality, originalrights manufacturerof offersuse, toincentive, anpreference; authorized repair provider;

Any additional cost or impediment the original equipment manufacturer imposes on an ownerauthorized or independent repair provider.

IsDoes not conditionedcondition upon or does not impose a substantial obligation or restriction that is not reasonably necessary for enabling the owner or independent repair provider to engage in the diagnosis, maintenance, or repairowner ofto equipmentservice madea bymobility ordevice. on behalf of the original equipment manufacturer.

Is not conditioned upon an arrangement with the Pageoriginal 4equipment ofmanufacturer. 8 CODING:

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hb487-00hb487-01-c1 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 HBCS/HB 487 2026 original(5) equipment"Firmware" manufacturer.means a software program or set of instructions programmed on a mobility device or a part to allow a mobility device or a part to communicate with itself or with other computer hardware.

(4)(6) "Independent repair provider" means an individual or business operating in this state engaged in servicing mobility devices, which is unaffiliated with an original equipment manufacturermanufacturer. that is engaged in the services of diagnosis, maintenance, or repair of mobility devices.

(5)(7) "Original"Mobility equipmentdevice" manufacturer" means aequipment business engaged in selling, leasing, or supplying new mobility devices designed for individualspeople with physicala disabilitiesmobility including,disability, butincluding not limited to, power wheelchairs, manual wheelchairs, mobility scooters, and power assist devices for manual wheelchairs,wheelchairs. manufactured by, or on behalf of, the business to an individual or business.

(6)(8) "Owner""Original equipment manufacturer" means an individual or business that ownsis orengaged leasesin amanufacturing, mobilityselling, deviceleasing, purchased or usedsupplying innew thismobility state.devices.

(7)(9) "Part""Owner" means anyan replacementindividual part, either new or used,business madethat availableowns by an original equipment manufacturer for purposes of effecting the services of maintenance or repairleases of a mobility device manufacturedpurchased by or onused behalfin of,this sold,state. or otherwise supplied by the original equipment manufacturer.

(8)(10) "Tool""Part" means any software,replacement hardware,part, either new or otherused, apparatusmade usedavailable forby thean diagnosis,original maintenance,equipment ormanufacturer repairto ofservice a mobility device,device including,manufactured butby not limited to, software or anyon otherbehalf mechanismof, thatsold, programs a new part, calibrates functionality, or performsotherwise anysupplied otherby function required to return the mobilityoriginal deviceequipment tomanufacturer. its fully functional condition, which Page 5 of 8 CODING:

(11) "Service," "services," or "servicing" means any activity related to the diagnosis, maintenance, or repair of a mobility device or a part thereof.

(12) "Tool" means any software, hardware, or other Page 5 of 8 CODING: