House Bill hb0473c1

    Florida House of Representatives - 2002              CS/HB 473

        By the Council for Smarter Government and Representatives
    Gardiner, Harrell, Negron, Stansel, Waters, Kilmer, Gannon,
    Melvin, Green, Sobel and Paul




  1                      A bill to be entitled

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

  3         commerce"; creating s. 501.97, F.S.; providing

  4         definitions; prohibiting certain business

  5         entities from using the term "chamber of

  6         commerce" under certain circumstances;

  7         providing exemptions for certain entities in

  8         existence on or before October 1, 1992;

  9         providing a penalty; limiting application of

10         requirements; authorizing chambers of commerce

11         to sue certain business entities to enjoin use

12         of such term; providing an effective date.

13

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

15

16         Section 1.  Section 501.97, Florida Statutes, is

17  created to read:

18         501.97  Chambers of commerce.--

19         (1)  For the purposes of this section:

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

21  partnership, limited partnership, proprietorship, firm,

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

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

24  this state.

25         (b)  "Chamber of commerce" means a voluntary

26  membership, dues-paying organization of business and

27  professional persons dedicated, as stated in the articles of

28  incorporation or bylaws of the organization, to improving the

29  economic climate and business development of the community,

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

31  which:

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






    Florida House of Representatives - 2002              CS/HB 473

    405-172-02






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

  2  under chapter 617 and as a corporation or association

  3  qualified for tax exempt status under s. 501(c)(6) of the

  4  Internal Revenue Code of 1986, as amended.

  5         2.  Files any required corporation annual reports with

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

  7  information returns with the United States Internal Revenue

  8  Service.

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

10  least seven members who are elected from among the membership

11  of the organization and who serve without compensation.

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

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

14  name or to describe itself, except for binational chambers of

15  commerce recognized by the Office of International Affairs of

16  the Department of State or chambers of commerce in existence

17  on or before October 1, 1992. Any business entity which

18  violates this subsection commits a misdemeanor of the first

19  degree, punishable as provided in s. 775.082 or s. 775.083.

20         (3)  This section shall impose no requirement for

21  oversight or regulation of a business entity name, trademark,

22  trade name, or other requirement for filing or registration

23  under any provision of law.

24         (4)  Subject to the provisions of s. 495.151, a chamber

25  of commerce may sue any business entity that is not a chamber

26  of commerce, as defined in this section, to enjoin it from

27  using the term "chamber of commerce" in its name or to so

28  describe itself in any business or commerce.

29         Section 2.  This act shall take effect October 1, 2002.

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