1 | The Committee on Business Regulation recommends the following: |
2 |
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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. |
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16 | Be It Enacted by the Legislature of the State of Florida: |
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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. |