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