| 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 from |
| 5 | exclusions to the definition of the term "business |
| 6 | opportunity" for purposes of the "Sale of Business |
| 7 | Opportunities Act"; 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. Subsection (1) of section 559.801, Florida |
| 12 | Statutes, is amended to read: |
| 13 | 559.801 Definitions.--For the purpose of ss. 559.80- |
| 14 | 559.815, the term: |
| 15 | (1)(a) "Business opportunity" means the sale or lease of |
| 16 | any products, equipment, supplies, or services which are sold or |
| 17 | leased to a purchaser to enable the purchaser to start a |
| 18 | business for which the purchaser is required to pay an initial |
| 19 | fee or sum of money which exceeds $500 to the seller, and in |
| 20 | which the seller represents: |
| 21 | 1. That the seller or person or entity affiliated with or |
| 22 | referred by the seller will provide locations or assist the |
| 23 | purchaser in finding locations for the use or operation of |
| 24 | vending machines, racks, display cases, currency or card |
| 25 | operated equipment, or other similar devices or currency- |
| 26 | operated amusement machines or devices on premises neither owned |
| 27 | nor leased by the purchaser or seller; |
| 28 | 2. That the seller will purchase any or all products made, |
| 29 | produced, fabricated, grown, bred, or modified by the purchaser |
| 30 | using in whole or in part the supplies, services, or chattels |
| 31 | sold to the purchaser; |
| 32 | 3. That the seller guarantees that the purchaser will |
| 33 | derive income from the business opportunity which exceeds the |
| 34 | price paid or rent charged for the business opportunity or that |
| 35 | the seller will refund all or part of the price paid or rent |
| 36 | charged for the business opportunity, or will repurchase any of |
| 37 | the products, equipment, supplies, or chattels supplied by the |
| 38 | seller, if the purchaser is unsatisfied with the business |
| 39 | opportunity; or |
| 40 | 4. That the seller will provide a sales program or |
| 41 | marketing program that will enable the purchaser to derive |
| 42 | income from the business opportunity, except that this paragraph |
| 43 | does not apply to the sale of a sales program or marketing |
| 44 | program made in conjunction with the licensing of a trademark or |
| 45 | service mark that is registered under the laws of any state or |
| 46 | of the United States if the seller requires use of the trademark |
| 47 | or service mark in the sales agreement. |
| 48 |
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| 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. |