Senate Bill sb0712

    Florida Senate - 2002                                   SB 712

    By Senator Dyer





    14-595A-02                                              See HB

  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, the

14  term:

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

16  partnership, limited partnership, proprietorship, firm,

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

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

19  this state.

20         (b)  "Chamber of commerce" means a

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

22  professional persons dedicated, as stated in the articles of

23  incorporation or bylaws of the organization, to improving the

24  economic climate and business development of the community,

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

26  which:

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

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

29  association qualified for tax exempt status under section

30  501(c)(6) of the Internal Revenue Code of 1986, as amended.

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






    Florida Senate - 2002                                   SB 712
    14-595A-02                                              See HB




  1         2.  Files any required corporation annual reports with

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

  3  information returns with the United States Internal Revenue

  4  Service.

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

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

  7  the organization and who serve without compensation.

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

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

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

11  this subsection commits a misdemeanor of the first degree,

12  punishable as provided in section 775.082 or section 775.083,

13  Florida Statutes.

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

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

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

17  itself.

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

19  law.

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22                       LEGISLATIVE SUMMARY

23    Defines business entity and chamber of commerce,
      prohibits business entities which are not chambers of
24    commerce from using the term "chamber of commerce" in a
      name or description, provides a penalty for unauthorized
25    use, and authorizes chambers of commerce to sue business
      entities that are not chambers of commerce to enjoin
26    their use of the term. (See bill for details.)

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