Senate Bill 0744

    Florida Senate - 1998                                   SB 744

    By Senator Holzendorf





    2-492-98                                           See HB 1731

  1                      A bill to be entitled

  2         An act relating to fictitious names; amending

  3         s. 865.09, F.S.; prohibiting use of a

  4         fictitious name for certain purposes; providing

  5         a penalty; providing an effective date.

  6

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

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  9         Section 1.  Subsection (14) of section 865.09, Florida

10  Statutes, is amended to read:

11         865.09  Fictitious name registration.--

12         (14)  PROHIBITION.--

13         (a)  A fictitious name registered as provided in this

14  section may not contain the words "Corporation" or

15  "Incorporated," or the abbreviations "Corp." or "Inc.," unless

16  the person or business for which the name is registered is

17  incorporated or has obtained a certificate of authority to

18  transact business in this state pursuant to chapter 607 or

19  chapter 617. However, a business incorporated or authorized

20  under chapter 607 or chapter 617 is not required to register

21  the corporate name pursuant to this section unless the name

22  that the corporation intends to conduct business under differs

23  from the corporation's name as stated in its articles of

24  incorporation.

25         (b)  A person, partnership, limited liability company,

26  or corporation may not use a fictitious name in the conduct of

27  business with an intent to misrepresent the geographic origin

28  or location of any such person or entity.

29         Section 2.  This act shall take effect upon becoming a

30  law.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 744
    2-492-98                                           See HB 1731




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  2                       LEGISLATIVE SUMMARY

  3    Prohibits persons, partnerships, limited liability
      companies, or corporations from using a fictitious name
  4    in the conduct of business with an intent to misrepresent
      the geographic origin or location of such person or
  5    entity. Any person who violates the prohibition is guilty
      of a second degree misdemeanor and may not maintain any
  6    court action until compliance is made.

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