| 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. |