CS/HB 329

1
A bill to be entitled
2An act relating to sales representative contracts
3involving commissions; amending s. 686.201, F.S.;
4expanding the definition of the term "commission";
5deleting requirement for written contract between a
6principal and a sales representative; requiring payment of
7commission within time certain after termination of
8contract under certain circumstances; providing an
9effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Section 686.201, Florida Statutes, is amended
14to read:
15     686.201  Sales representative contracts involving
16commissions; requirements; termination of agreement; civil
17remedies.--
18     (1)  As used in this act, the term:
19     (a)  "Commission" means compensation accruing to a sales
20representative for payment by a principal, the rate of which
21compensation is expressed as a percentage of the dollar amount
22of orders or sales or fixed fees or retainers for services
23provided by the sales representative.
24     (b)  "Principal" means a person or business which:
25     1.  Manufactures, produces, imports, or distributes a
26product or service.
27     2.  Contracts with a sales representative to solicit orders
28for the product or service.
29     3.  Compensates the sales representative, in whole or in
30part, by commission.
31     (c)  "Sales representative" means a person or business
32which contracts with a principal to solicit orders and who is
33compensated, in whole or in part, by commission, but does not
34include a person or business which places orders for his or her
35own account for resale or a person who is an employee of the
36business.
37     (2)  When a principal contracts with a sales representative
38to solicit orders within this state, the contract shall be in
39writing and shall set forth the method by which the commission
40is to be computed and paid. The principal shall provide the
41sales representative with a signed copy of the contract and
42shall obtain a signed receipt for the contract from the sales
43representative.
44     (2)(3)(a)  When the contract between a sales representative
45and a principal ends is terminated and the contract was not
46reduced to writing, all commissions due, unless otherwise
47specified in a written contract, shall be paid within 60 30 days
48after termination.
49     (b)  In the event a principal fails to comply with the
50provisions of paragraph (a), the sales representative has a
51cause of action for damages equal to triple the amount of
52commission found to be due. The prevailing party in any such
53action is entitled to an award of reasonable attorney's fees and
54court costs.
55     (3)(4)  This section does not apply to persons licensed
56pursuant to chapter 475 who are performing services within the
57scope of their license.
58     Section 2.  This act shall take effect July 1, 2007.


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