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