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HB 4023 — Sales Representative Contracts/Commissions

by Rep. Plakon (SB 474 by Senator Evers)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Commerce and Tourism Committee (CM)

This bill repeals s. 686.201, F.S., relating to sales representatives contracts.

Enacted in 1984, this provision requires a written contract between principal and commissioned sales representatives which specifies the terms of the commission. In the event that there was no written contract, this provision requires that the sales representative be paid within 30 days of termination of the unwritten contract. Should the principal not comply with this requirement, the sales representative has a cause of action for damages equal to triple the amount of commission found to be due, and reasonable attorney’s fees and court costs.

If approved by the Governor, these provisions take effect July 1, 2011.
Vote:  Senate 36-1; House 93-25