CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 473
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Business Regulation offered the following:
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13 Amendment (with title amendment)
14 Remove everything after the enacting clause
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16 and insert:
17 Section 1. Section 501.97, Florida Statutes, is
18 created to read:
19 501.97 Chambers of commerce.--
20 (1) For the purposes of this section:
21 (a) "Business entity" means any corporation,
22 partnership, limited partnership, proprietorship, firm,
23 enterprise, franchise, association, self-employed individual,
24 or trust, whether fictitiously named or not, doing business in
25 this state.
26 (b) "Chamber of commerce" means a
27 voluntary-membership, dues-paying organization of business and
28 professional persons dedicated, as stated in the articles of
29 incorporation or bylaws of the organization, to improving the
30 economic climate and business development of the community,
31 area, or region in which the organization is located and
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HOUSE AMENDMENT
Bill No. HB 473
Amendment No. 1 (for drafter's use only)
1 which:
2 1. Operates as an approved not-for-profit corporation
3 under chapter 617, Florida Statutes, and as a corporation or
4 association qualified for tax exempt status under s. 501(c)(6)
5 of the Internal Revenue Code of 1986, as amended.
6 2. Files any required corporation annual reports with
7 the Secretary of State, and if applicable, required annual
8 information returns with the United States Internal Revenue
9 Service.
10 3. Is governed by a volunteer board of directors of at
11 least 7 members who are elected from among the membership of
12 the organization and who serve without compensation.
13 (2) A business entity, other than a chamber of
14 commerce, shall not use the term "chamber of commerce" in its
15 name or to describe itself, except for bi-national chambers of
16 commerce recognized by the Department of State, Office of
17 International Affairs or chambers of commerce in existence on
18 or before October 1, 1992. Any business entity which violates
19 this subsection commits a misdemeanor of the first degree,
20 punishable as provided in s. 775.082 or s. 775.083.
21 (3) This section shall impose no requirement for
22 oversight or regulation of a business entity name, trademark,
23 trade name or other requirement for filing or registration
24 under any provision of statute.
25 (4) Subject to the provisions of s. 495.151, a chamber
26 of commerce may sue any business entity that is not a chamber
27 of commerce, as defined in this section, to enjoin it from
28 using the term "chamber of commerce" in its name or to so
29 describe itself in any business or commerce.
30 Section 2. This act shall take effect October 1, 2002.
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hri0001 12:52 pm 00473-br -920087
HOUSE AMENDMENT
Bill No. HB 473
Amendment No. 1 (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, line 2-9,
4 remove: all of said lines
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6 and insert:
7 An act relating to use of the term "chamber of
8 commerce"; creating s. 501.97, F.S.; providing
9 definitions; prohibiting certain business
10 entities from using the term "chamber of
11 commerce" under certain circumstances;
12 providing exemptions for certain entities in
13 existence on or before October 1, 1992;
14 providing a penalty; limiting application of
15 requirements; authorizing chambers of commerce
16 to sue certain business entities to enjoin use
17 of such term; providing an effective date.
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File original & 9 copies 02/07/02
hri0001 12:52 pm 00473-br -920087