| 1 | Representative Seiler offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Between lines 387 and 388, insert: |
| 5 |
|
| 6 | Section 10. Section 501.973, Florida Statutes, is |
| 7 | created to read: |
| 8 | 501.973 Chambers of commerce.-- |
| 9 | (1) For the purposes of this section: |
| 10 | (a) "Business entity" means any corporation, partnership, |
| 11 | limited partnership, proprietorship, firm, enterprise, |
| 12 | franchise, association, self-employed individual, or trust, |
| 13 | whether fictitiously named or not, doing business in this state. |
| 14 | (b) "Chamber of commerce" means a voluntary membership, |
| 15 | dues-paying organization of business and professional persons |
| 16 | dedicated, as stated in the articles of incorporation or bylaws |
| 17 | of the organization, to improving the economic climate and |
| 18 | business development of the community, area, or region in which |
| 19 | the organization is located and which: |
| 20 | 1. Operates as an approved not-for-profit corporation |
| 21 | under chapter 617 and as a corporation or association qualified |
| 22 | for tax exempt status under s. 501(c)(3) or s. 501(c)(6) of the |
| 23 | Internal Revenue Code of 1986, as amended. |
| 24 | 2. Files any required corporation annual reports with the |
| 25 | Secretary of State and, if applicable, required annual |
| 26 | information returns with the United States Internal Revenue |
| 27 | Service. |
| 28 | 3. Is governed by a volunteer board of directors of at |
| 29 | least seven members who are elected from among the membership of |
| 30 | the organization and who serve without compensation. |
| 31 | (2) A business entity, other than a chamber of commerce, |
| 32 | shall not use the term "chamber of commerce" in its name or to |
| 33 | describe itself, except for binational chambers of commerce |
| 34 | recognized by the Office of International Affairs of the |
| 35 | Department of State or chambers of commerce in existence on or |
| 36 | before October 1, 1992. Any business entity which violates this |
| 37 | subsection commits a misdemeanor of the first degree, punishable |
| 38 | as provided in s. 775.082 or s. 775.083. |
| 39 | (3) This section imposes no requirement for oversight or |
| 40 | regulation of a business entity name, trademark, trade name, or |
| 41 | other requirement for filing or registration under any provision |
| 42 | of law. |
| 43 | (4) Subject to the provisions of s. 495.151, a chamber of |
| 44 | commerce may sue any business entity that is not a chamber of |
| 45 | commerce as defined in this section to enjoin such entity from |
| 46 | using the term "chamber of commerce" in its name or to describe |
| 47 | itself as a chamber of commerce in any business or commerce. |
| 48 |
|
| 49 |
|
| 50 | ======= T I T L E A M E N D M E N T ======= |
| 51 | Remove line 41 and insert: |
| 52 |
|
| 53 | time certain; providing exceptions; creating s. 501.973, F.S.; |
| 54 | providing definitions; prohibiting certain business entities |
| 55 | from using the term "chamber of commerce" under certain |
| 56 | circumstances; providing exceptions; providing a penalty; |
| 57 | specifying nonimposition of certain requirements; authorizing |
| 58 | chambers of commerce to sue certain business entities to enjoin |
| 59 | use of certain terms; providing an |