Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. SB 2656, 1st Eng.
       
       
       
       
       
       
                                Barcode 434214                          
       
                              LEGISLATIVE ACTION                        
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       Senator Haridopolos moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 271 and 272
    4  insert:
    5         Section 4. Subsection (1) of section 559.801, Florida
    6  Statutes, is amended to read:
    7         559.801 Definitions.—For the purpose of ss. 559.80-559.815,
    8  the term:
    9         (1)(a) “Business opportunity” means the sale or lease of
   10  any products, equipment, supplies, or services which are sold or
   11  leased to a purchaser to enable the purchaser to start a
   12  business for which the purchaser is required to pay an initial
   13  fee or sum of money which exceeds $500 to the seller, and in
   14  which the seller represents:
   15         1. That the seller or person or entity affiliated with or
   16  referred by the seller will provide locations or assist the
   17  purchaser in finding locations for the use or operation of
   18  vending machines, racks, display cases, currency or card
   19  operated equipment, or other similar devices or currency
   20  operated amusement machines or devices on premises neither owned
   21  nor leased by the purchaser or seller;
   22         2. That the seller will purchase any or all products made,
   23  produced, fabricated, grown, bred, or modified by the purchaser
   24  using in whole or in part the supplies, services, or chattels
   25  sold to the purchaser;
   26         3. That the seller guarantees that the purchaser will
   27  derive income from the business opportunity which exceeds the
   28  price paid or rent charged for the business opportunity or that
   29  the seller will refund all or part of the price paid or rent
   30  charged for the business opportunity, or will repurchase any of
   31  the products, equipment, supplies, or chattels supplied by the
   32  seller, if the purchaser is unsatisfied with the business
   33  opportunity; or
   34         4. That the seller will provide a sales program or
   35  marketing program that will enable the purchaser to derive
   36  income from the business opportunity, except that this paragraph
   37  does not apply to the sale of a sales program or marketing
   38  program made in conjunction with the licensing of a trademark or
   39  service mark that is registered under the laws of any state or
   40  of the United States if the seller requires use of the trademark
   41  or service mark in the sales agreement.
   42  
   43  For the purpose of subparagraph 1., the term “assist the
   44  purchaser in finding locations” means, but is not limited to,
   45  supplying the purchaser with names of locator companies,
   46  contracting with the purchaser to provide assistance or supply
   47  names, or collecting a fee on behalf of or for a locator
   48  company.
   49         (b) “Business opportunity” does not include:
   50         1. The sale of ongoing businesses when the owner of those
   51  businesses sells and intends to sell only those business
   52  opportunities so long as those business opportunities to be sold
   53  are no more than five in number;
   54         2. The not-for-profit sale of sales demonstration
   55  equipment, materials, or samples for a price that does not
   56  exceed $500 or any sales training course offered by the seller
   57  the cost of which does not exceed $500; or
   58         3. The sale or lease of laundry and drycleaning equipment.
   59  
   60  
   61  ================= T I T L E  A M E N D M E N T ================
   62         And the title is amended as follows:
   63         Delete line 24
   64  and insert:
   65         amending s. 559.801, F.S.; deleting the sale or lease
   66         of laundry and drycleaning equipment from exclusions
   67         to the definition of the term “business opportunity”
   68         for purposes of the “Sale of Business Opportunities
   69         Act”; providing an effective date.
   70