Florida Senate - 2009                                    SB 1262
       
       
       
       By Senator Ring
       
       
       
       
       32-01254-09                                           20091262__
    1                        A bill to be entitled                      
    2         An act relating to the sale or lease of business
    3         opportunities; amending s. 559.801, F.S.; deleting the
    4         sale or lease of laundry and drycleaning equipment
    5         from exclusions to the definition of the term
    6         “business opportunity” for purposes of the Sale of
    7         Business Opportunities Act; providing an effective
    8         date.
    9         
   10  Be It Enacted by the Legislature of the State of Florida:
   11         
   12         Section 1. Subsection (1) of section 559.801, Florida
   13  Statutes, is amended to read:
   14         559.801 Definitions.—For the purpose of ss. 559.80-559.815,
   15  the term:
   16         (1)(a) “Business opportunity” means the sale or lease of
   17  any products, equipment, supplies, or services which are sold or
   18  leased to a purchaser to enable the purchaser to start a
   19  business for which the purchaser is required to pay an initial
   20  fee or sum of money which exceeds $500 to the seller, and in
   21  which the seller represents:
   22         1. That the seller or person or entity affiliated with or
   23  referred by the seller will provide locations or assist the
   24  purchaser in finding locations for the use or operation of
   25  vending machines, racks, display cases, currency or card
   26  operated equipment, or other similar devices or currency
   27  operated amusement machines or devices on premises neither owned
   28  nor leased by the purchaser or seller;
   29         2. That the seller will purchase any or all products made,
   30  produced, fabricated, grown, bred, or modified by the purchaser
   31  using in whole or in part the supplies, services, or chattels
   32  sold to the purchaser;
   33         3. That the seller guarantees that the purchaser will
   34  derive income from the business opportunity which exceeds the
   35  price paid or rent charged for the business opportunity or that
   36  the seller will refund all or part of the price paid or rent
   37  charged for the business opportunity, or will repurchase any of
   38  the products, equipment, supplies, or chattels supplied by the
   39  seller, if the purchaser is unsatisfied with the business
   40  opportunity; or
   41         4. That the seller will provide a sales program or
   42  marketing program that will enable the purchaser to derive
   43  income from the business opportunity, except that this paragraph
   44  does not apply to the sale of a sales program or marketing
   45  program made in conjunction with the licensing of a trademark or
   46  service mark that is registered under the laws of any state or
   47  of the United States if the seller requires use of the trademark
   48  or service mark in the sales agreement.
   49  For the purpose of subparagraph 1., the term “assist the
   50  purchaser in finding locations” means, but is not limited to,
   51  supplying the purchaser with names of locator companies,
   52  contracting with the purchaser to provide assistance or supply
   53  names, or collecting a fee on behalf of or for a locator
   54  company.
   55         (b) “Business opportunity” does not include:
   56         1. The sale of ongoing businesses when the owner of those
   57  businesses sells and intends to sell only those business
   58  opportunities so long as those business opportunities to be sold
   59  are no more than five in number; or
   60         2. The not-for-profit sale of sales demonstration
   61  equipment, materials, or samples for a price that does not
   62  exceed $500 or any sales training course offered by the seller
   63  the cost of which does not exceed $500; or
   64         3. The sale or lease of laundry and drycleaning equipment.
   65         Section 2. This act shall take effect July 1, 2009.