HB 517

1
A bill to be entitled
2An act relating to franchises; creating s. 559.816, F.S.;
3providing definitions; requiring venue for certain actions
4brought by franchisors against franchisees in this state
5to be in this state; prohibiting contrary provisions in
6certain agreements entered into or renewed after a
7specified date; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Section 559.816, Florida Statutes, is created
12to read:
13     559.816  Actions between franchisors and franchisees.--
14     (1)  For purposes of this section, the term:
15     (a) "Franchise" means any continuing commercial
16relationship or arrangement in which the terms of the offer or
17contract specify, or the franchise seller promises or
18represents, orally or in writing, that:
19     1.  The franchisee will obtain the right to operate a
20business that is identified or associated with the franchisor's
21trademark or to offer, sell, or distribute goods, services, or
22commodities that are identified or associated with the
23franchisor's trademark;
24     2.  The franchisor will exert or has authority to exert a
25significant degree of control over the franchisee's method of
26operation or provide significant assistance in the franchisee's
27method of operation; and
28     3.  The franchisee makes a required payment or commits to
29make a required payment to the franchisor or its affiliate as a
30condition of obtaining or commencing operation of the franchise.
31     (b)  "Franchisee" means a person who is granted a
32franchise.
33     (c)  "Franchisor" means any person who grants a franchise.
34     (2)  Notwithstanding any other provision of law, in any
35action brought by a franchisor against a franchisee who is in
36this state concerning the franchise agreement or otherwise
37relating to the franchise, venue for such action shall be in
38this state. Any provision of a franchise agreement or other
39agreement between a franchisor and franchisee concerning the
40franchise that is entered into or renewed on or after July 1,
412008, to the contrary shall be void and unenforceable to the
42extent that it contradicts the requirements of this section.
43     Section 2.  This act shall take effect July 1, 2008.


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