1 | A bill to be entitled |
2 | An act relating to franchises; creating s. 559.816, F.S.; |
3 | providing definitions; requiring venue for certain actions |
4 | brought by franchisors against franchisees in this state |
5 | to be in this state; prohibiting contrary provisions in |
6 | certain agreements entered into or renewed after a |
7 | specified date; providing an effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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11 | Section 1. Section 559.816, Florida Statutes, is created |
12 | to 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 |
16 | relationship or arrangement in which the terms of the offer or |
17 | contract specify, or the franchise seller promises or |
18 | represents, orally or in writing, that: |
19 | 1. The franchisee will obtain the right to operate a |
20 | business that is identified or associated with the franchisor's |
21 | trademark or to offer, sell, or distribute goods, services, or |
22 | commodities that are identified or associated with the |
23 | franchisor's trademark; |
24 | 2. The franchisor will exert or has authority to exert a |
25 | significant degree of control over the franchisee's method of |
26 | operation or provide significant assistance in the franchisee's |
27 | method of operation; and |
28 | 3. The franchisee makes a required payment or commits to |
29 | make a required payment to the franchisor or its affiliate as a |
30 | condition of obtaining or commencing operation of the franchise. |
31 | (b) "Franchisee" means a person who is granted a |
32 | franchise. |
33 | (c) "Franchisor" means any person who grants a franchise. |
34 | (2) Notwithstanding any other provision of law, in any |
35 | action brought by a franchisor against a franchisee who is in |
36 | this state concerning the franchise agreement or otherwise |
37 | relating to the franchise, venue for such action shall be in |
38 | this state. Any provision of a franchise agreement or other |
39 | agreement between a franchisor and franchisee concerning the |
40 | franchise that is entered into or renewed on or after July 1, |
41 | 2008, to the contrary shall be void and unenforceable to the |
42 | extent that it contradicts the requirements of this section. |
43 | Section 2. This act shall take effect July 1, 2008. |