House Bill hb0473

    Florida House of Representatives - 2002                 HB 473

        By Representative Gardiner






  1                      A bill to be entitled

  2         An act relating to use of the term "chamber of

  3         commerce"; providing definitions; prohibiting

  4         certain business entities from using the term

  5         "chamber of commerce" under certain

  6         circumstances; providing a penalty; authorizing

  7         chambers of commerce to sue certain business

  8         entities to enjoin use of such term; providing

  9         an effective date.

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

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13         Section 1.  (1)  For the purposes of this section:

14         (a)  "Business entity" means any corporation,

15  partnership, limited partnership, proprietorship, firm,

16  enterprise, franchise, association, self-employed individual,

17  or trust, whether fictitiously named or not, doing business in

18  this state.

19         (b)  "Chamber of commerce" means a

20  voluntary-membership, dues-paying organization of business and

21  professional persons dedicated, as stated in the articles of

22  incorporation or bylaws of the organization, to improving the

23  economic climate and business development of the community,

24  area, or region in which the organization is located and

25  which:

26         1.  Operates as an approved not-for-profit corporation

27  under chapter 617, Florida Statutes, and as a corporation or

28  association qualified for tax exempt status under s. 501(c)(6)

29  of the Internal Revenue Code of 1986, as amended.

30         2.  Files any required corporation annual reports with

31  the Secretary of State, and if applicable, required annual

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






    Florida House of Representatives - 2002                 HB 473

    762-113B-02






  1  information returns with the United States Internal Revenue

  2  Service.

  3         3.  Is governed by a volunteer board of directors of at

  4  least 7 members who are elected from among the membership of

  5  the organization and who serve without compensation.

  6         (2)  A business entity, other than a chamber of

  7  commerce, shall not use the term "chamber of commerce" in its

  8  name or to describe itself. Any business entity which violates

  9  this subsection commits a misdemeanor of the first degree,

10  punishable as provided in s. 775.082 or s. 775.083.

11         (3)  A chamber of commerce may sue to have any business

12  entity that is not a chamber of commerce enjoined from using

13  the term "chamber of commerce" in its name or to describe

14  itself.

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

16  law.

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19                          HOUSE SUMMARY

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      Defines business entity and chamber of commerce,
21    prohibits business entities which are not chambers of
      commerce from using the term "chamber of commerce" in a
22    name or description, provides a penalty for unauthorized
      use, and authorizes chambers of commerce to sue business
23    entities that are not chambers of commerce to enjoin
      their use of the term. See bill for details.
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CODING: Words stricken are deletions; words underlined are additions.