| 1 | The Committee on Business Regulation recommends the following: | 
| 2 | 
  | 
| 3 |      Committee Substitute | 
| 4 |      Remove the entire bill and insert: | 
| 5 | A bill to be entitled | 
| 6 | An act relating to sales representative contracts  | 
| 7 | involving commissions; amending s. 686.201, F.S.; revising  | 
| 8 | definitions; providing for application to certain persons  | 
| 9 | as well as businesses; including services as well as  | 
| 10 | products; providing for application to retail as well as  | 
| 11 | wholesale transactions; increasing damages under certain  | 
| 12 | actions for compliance; specifying nonapplication to  | 
| 13 | certain licensed persons performing services within the  | 
| 14 | scope of their license; providing an effective date. | 
| 15 | 
  | 
| 16 | Be It Enacted by the Legislature of the State of Florida: | 
| 17 | 
  | 
| 18 |      Section 1.  Section 686.201, Florida Statutes, is amended  | 
| 19 | to read: | 
| 20 |      686.201  Sales representative contracts involving  | 
| 21 | commissions; requirements; termination of agreement; civil  | 
| 22 | remedies.-- | 
| 23 |      (1)  As used in this act, the term: | 
| 24 |      (a)  "Commission" means compensation accruing to a sales  | 
| 25 | representative for payment by a principal, the rate of which  | 
| 26 | compensation is expressed as a percentage of the dollar amount  | 
| 27 | of orders or sales. | 
| 28 |      (b)  "Principal" means a person or business which who does  | 
| 29 | not have a permanent or fixed place of business in this state  | 
| 30 | and who: | 
| 31 |      1.  Manufactures, produces, imports, or distributes a  | 
| 32 | product or service for wholesale, except for fresh commodities.; | 
| 33 |      2.  Contracts with a sales representative to solicit orders  | 
| 34 | for the product or service.; and | 
| 35 |      3.  Compensates the sales representative, in whole or in  | 
| 36 | part, by commission. | 
| 37 |      (c)  "Sales representative" means a person or business  | 
| 38 | which who contracts with a principal to solicit wholesale orders  | 
| 39 | and who is compensated, in whole or in part, by commission, but  | 
| 40 | does not include a person or business which who places orders  | 
| 41 | for his or her own account for resale or a person who is an  | 
| 42 | employee of the business. | 
| 43 |      (2)  When a principal contracts with a sales representative  | 
| 44 | to solicit wholesale orders within this state, the contract  | 
| 45 | shall be in writing and shall set forth the method by which the  | 
| 46 | commission is to be computed and paid. The principal shall  | 
| 47 | provide the sales representative with a signed copy of the  | 
| 48 | contract and shall obtain a signed receipt for the contract from  | 
| 49 | the sales representative. | 
| 50 |      (3)(a)  When the contract between a sales representative  | 
| 51 | and a principal is terminated and the contract was not reduced  | 
| 52 | to writing, all commissions due shall be paid within 30 days  | 
| 53 | after of termination. | 
| 54 |      (b)  In the event a principal fails to comply with the  | 
| 55 | provisions of paragraph (a), the sales representative has a  | 
| 56 | cause of action for damages equal to triple double the amount of  | 
| 57 | commission found to be due. The prevailing party in any such  | 
| 58 | action is entitled to an award of reasonable attorney's fees and  | 
| 59 | court costs. | 
| 60 |      (4)  This section does not apply to persons licensed  | 
| 61 | pursuant to chapter 475 who are performing services within the  | 
| 62 | scope of their license. | 
| 63 |      Section 2.  This act shall take effect upon becoming a law. |