Senate Bill sb1862e1

    SB 1862                                  First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to use of the term "chamber of

  3         commerce"; creating s. 501.973, F.S.; providing

  4         definitions; prohibiting certain business

  5         entities from using the term "chamber of

  6         commerce" under certain circumstances;

  7         providing exceptions; providing a penalty;

  8         specifying nonimposition of certain

  9         requirements; authorizing chambers of commerce

10         to sue certain business entities to enjoin use

11         of certain terms; providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 501.973, Florida Statutes, is

16  created to read:

17         501.973  Chambers of commerce.--

18         (1)  For the purposes of this section:

19         (a)  "Business entity" means any corporation,

20  partnership, limited partnership, proprietorship, firm,

21  enterprise, franchise, association, self-employed individual,

22  or trust, whether fictitiously named or not, doing business in

23  this state.

24         (b)  "Chamber of commerce" means a voluntary

25  membership, dues-paying organization of business and

26  professional persons dedicated, as stated in the articles of

27  incorporation or bylaws of the organization, to improving the

28  economic climate and business development of the community,

29  area, or region in which the organization is located and

30  which:

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






    SB 1862                                  First Engrossed (ntc)



 1         1.  Operates as an approved not-for-profit corporation

 2  under chapter 617 and as a corporation or association

 3  qualified for tax exempt status under s. 501(c)(3) or s.

 4  501(c)(6) of the Internal Revenue Code of 1986, as amended.

 5         2.  Files any required corporation annual reports with

 6  the Secretary of State and, if applicable, required annual

 7  information returns with the United States Internal Revenue

 8  Service.

 9         3.  Is governed by a volunteer board of directors of at

10  least seven members who are elected from among the membership

11  of the organization and who serve without compensation.

12         (2)  A business entity, other than a chamber of

13  commerce, shall not use the term "chamber of commerce" in its

14  name or to describe itself, except for binational chambers of

15  commerce recognized by the Office of International Affairs of

16  the Department of State or chambers of commerce in existence

17  on or before October 1, 1992. Any business entity which

18  violates this subsection commits a misdemeanor of the first

19  degree, punishable as provided in s. 775.082 or s. 775.083.

20         (3)  This section imposes no requirement for oversight

21  or regulation of a business entity name, trademark, trade

22  name, or other requirement for filing or registration under

23  any provision of law.

24         (4)  Subject to the provisions of s. 495.151, a chamber

25  of commerce may sue any business entity that is not a chamber

26  of commerce as defined in this section to enjoin such entity

27  from using the term "chamber of commerce" in its name or to

28  describe itself as a chamber of commerce in any business or

29  commerce.

30         Section 2.  This act shall take effect October 1, 2007.

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