| 1 | A bill to be entitled |
| 2 | An act relating to use of the term "chamber of commerce"; |
| 3 | creating s. 501.973, F.S.; providing definitions; |
| 4 | prohibiting certain business entities from using the term |
| 5 | "chamber of commerce" under certain circumstances; |
| 6 | providing exceptions; providing a penalty; specifying |
| 7 | nonimposition of certain requirements; authorizing |
| 8 | chambers of commerce to sue certain business entities to |
| 9 | enjoin use of certain terms; providing an 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 501.973, Florida Statutes, is |
| 14 | created to read: |
| 15 | 501.973 Chambers of commerce.-- |
| 16 | (1) For the purposes of this section: |
| 17 | (a) "Business entity" means any corporation, partnership, |
| 18 | limited partnership, proprietorship, firm, enterprise, |
| 19 | franchise, association, self-employed individual, or trust, |
| 20 | whether fictitiously named or not, doing business in this state. |
| 21 | (b) "Chamber of commerce" means a voluntary membership, |
| 22 | dues-paying organization of business and professional persons |
| 23 | dedicated, as stated in the articles of incorporation or bylaws |
| 24 | of the organization, to improving the economic climate and |
| 25 | business development of the community, area, or region in which |
| 26 | the organization is located and which: |
| 27 | 1. Operates as an approved not-for-profit corporation |
| 28 | under chapter 617 and as a corporation or association qualified |
| 29 | for tax exempt status under s. 501(c)(3) or s. 501(c)(6) of the |
| 30 | Internal Revenue Code of 1986, as amended. |
| 31 | 2. Files any required corporation annual reports with the |
| 32 | Secretary of State and, if applicable, required annual |
| 33 | information returns with the United States Internal Revenue |
| 34 | Service. |
| 35 | 3. Is governed by a volunteer board of directors of at |
| 36 | least seven members who are elected from among the membership of |
| 37 | the organization and who serve without compensation. |
| 38 | (2) A business entity, other than a chamber of commerce, |
| 39 | shall not use the term "chamber of commerce" in its name or to |
| 40 | describe itself, except for binational chambers of commerce |
| 41 | recognized by the Office of International Affairs of the |
| 42 | Department of State or chambers of commerce in existence on or |
| 43 | before October 1, 1992. Any business entity which violates this |
| 44 | subsection commits a misdemeanor of the first degree, punishable |
| 45 | as provided in s. 775.082 or s. 775.083. |
| 46 | (3) This section imposes no requirement for oversight or |
| 47 | regulation of a business entity name, trademark, trade name, or |
| 48 | other requirement for filing or registration under any provision |
| 49 | of law. |
| 50 | (4) Subject to the provisions of s. 495.151, a chamber of |
| 51 | commerce may sue any business entity that is not a chamber of |
| 52 | commerce as defined in this section to enjoin such entity from |
| 53 | using the term "chamber of commerce" in its name or to describe |
| 54 | itself as a chamber of commerce in any business or commerce. |
| 55 | Section 2. This act shall take effect October 1, 2007. |