HB 0679CS

CHAMBER ACTION




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


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