HB 0525 2003
1	A bill to be entitled
2	An act relating to use of the term "chamber of commerce";
3	creating s. 501.972, F.S.; providing definitions;
4	prohibiting certain business entities from using the term
5	"chamber of commerce" under certain circumstances;
6	providing exceptions; providing a penalty; specifying
7	nonimposition of certain requirements; authorizing
8	chambers of commerce to sue certain business entities to
9	enjoin use of certain terms; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Section 501.972, Florida Statutes, is
14	created to read:
15	501.972 Chambers of commerce.--
16	(1) For the purposes of this section:
17	(a) "Business entity" means any corporation, partnership,
18	limited partnership, proprietorship, firm, enterprise,
19	franchise, association, self-employed individual, or trust,
20	whether fictitiously named or not, doing business in
21	this state.
22	(b) "Chamber of commerce" means a voluntary membership,
23	dues-paying organization of business and professional persons
24	dedicated, as stated in the articles of incorporation or bylaws
25	of the organization, to improving the economic climate and
26	business development of the community, area, or region in which
27	the organization is located and which:
28	1. Operates as an approved not-for-profit corporation
29	under chapter 617 and as a corporation or association qualified
30	for tax exempt status under s. 501(c)(6) of the Internal Revenue
31	Code of 1986, as amended.
32	2. Files any required corporation annual reports with the
33	Secretary of State and, if applicable, required annual
34	information returns with the United States Internal Revenue
35	Service.
36	3. Is governed by a volunteer board of directors of at
37	least seven members who are elected from among the membership of
38	the organization and who serve without compensation.
39	(2) A business entity, other than a chamber of commerce,
40	shall not use the term "chamber of commerce" in its name or to
41	describe itself, except for binational chambers of commerce
42	recognized by the Office of International Affairs of the
43	Department of State or chambers of commerce in existence on or
44	before October 1, 1992. Any business entity which violates this
45	subsection commits a misdemeanor of the first degree, punishable
46	as provided in s. 775.082 or s. 775.083.
47	(3) This section imposes no requirement for oversight or
48	regulation of a business entity name, trademark, trade name, or
49	other requirement for filing or registration under any provision
50	of law.
51	(4) Subject to the provisions of s. 495.151, a chamber of
52	commerce may sue any business entity that is not a chamber of
53	commerce as defined in this section to enjoin such entity from
54	using the term "chamber of commerce" in its name or to describe
55	itself as a chamber of commerce in any business or commerce.
56	Section 2. This act shall take effect October 1, 2003.