Florida Senate - 2008 SB 1288
By Senator Bennett
A bill to be entitled
An act relating to franchises; creating s. 559.816, F.S.;
providing definitions; requiring that the venue for
certain actions brought by franchisors against franchisees
in this state be in this state; prohibiting contrary
provisions in certain agreements entered into or renewed
after a specified date; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 559.816, Florida Statutes, is created to
559.816 Actions between franchisors and franchisees.--
(1) For purposes of this section, the term:
(a) "Franchise" means any continuing commercial relationship
or arrangement in which the terms of the offer or contract
specify, or the franchise seller promises or represents, orally
or in writing, that:
1. The franchisee will obtain the right to operate a
business that is identified or associated with the franchisor's
trademark or to offer, sell, or distribute goods, services, or
commodities that are identified or associated with the
2. The franchisor will exert or has authority to exert a
significant degree of control over the franchisee's method of
operation or provide significant assistance in the franchisee's
method of operation; and
3. The franchisee makes a required payment or commits to
make a required payment to the franchisor or its affiliate as a
condition of obtaining or commencing operation of the franchise.
(b) "Franchisee" means a person who is granted a franchise.
(c) "Franchisor" means any person who grants a franchise.
(2) Notwithstanding any other provision of law, in any
action brought by a franchisor against a franchisee who is in
this state concerning the franchise agreement or otherwise
relating to the franchise, venue for such action shall be in this
state. Any provision of a franchise agreement or other agreement
between a franchisor and franchisee concerning the franchise that
is entered into or renewed on or after July 1, 2008, to the
contrary shall be void and unenforceable to the extent that it
contradicts the requirements of this section.
Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.