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A bill to be entitled

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An act relating to franchises; creating s. 559.816, F.S.;

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providing definitions; requiring that the venue for

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certain actions brought by franchisors against franchisees

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in this state be in this state; prohibiting contrary

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provisions in certain agreements entered into or renewed

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after a specified date; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 559.816, Florida Statutes, is created to

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read:

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     559.816 Actions between franchisors and franchisees.--

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     (1) For purposes of this section, the term:

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     (a) "Franchise" means any continuing commercial relationship

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or arrangement in which the terms of the offer or contract

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specify, or the franchise seller promises or represents, orally

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or in writing, that:

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     1. The franchisee will obtain the right to operate a

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business that is identified or associated with the franchisor's

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trademark or to offer, sell, or distribute goods, services, or

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commodities that are identified or associated with the

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franchisor's trademark;

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     2. The franchisor will exert or has authority to exert a

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significant degree of control over the franchisee's method of

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operation or provide significant assistance in the franchisee's

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method of operation; and

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     3. The franchisee makes a required payment or commits to

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make a required payment to the franchisor or its affiliate as a

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condition of obtaining or commencing operation of the franchise.

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     (b) "Franchisee" means a person who is granted a franchise.

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     (c) "Franchisor" means any person who grants a franchise.

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     (2) Notwithstanding any other provision of law, in any

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action brought by a franchisor against a franchisee who is in

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this state concerning the franchise agreement or otherwise

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relating to the franchise, venue for such action shall be in this

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state. Any provision of a franchise agreement or other agreement

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between a franchisor and franchisee concerning the franchise that

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is entered into or renewed on or after July 1, 2008, to the

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contrary shall be void and unenforceable to the extent that it

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contradicts the requirements of this section.

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     Section 2.  This act shall take effect July 1, 2008.