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FL H1219

Bill

Status

Failed

3/10/2018

Primary Sponsor

Heather Fitzenhagen

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

HB 1219 Summary: Small Business Parity Act

  • Creates the "Small Business Parity Act" (s. 686.101-686.109) to regulate franchisor conduct and protect franchisees against unfair treatment, fraud, and unfair business practices.

  • Prohibits franchisors from denying surviving spouses, heirs, or estates of deceased franchisees the opportunity to participate in franchise ownership for at least 180 days, provided they meet reasonable qualifications.

  • Allows franchisees to sell, transfer, or assign franchises with franchisor consent, which cannot be withheld if the purchaser meets the franchisor's reasonable qualifications for new franchisees; requires franchisors to provide and consistently apply qualification lists.

  • Voids and makes unenforceable franchise agreements that violate the act's provisions, including those containing venue or choice-of-law clauses favoring out-of-state forums for franchisees based in or operating in Florida.

  • Provides remedies including damages recovery, reasonable attorney fees, declaratory judgments, and injunctive relief for persons injured by violations; applies to franchises entered into after July 1, 2018, with limited application to existing contracts.

Legislative Description

Franchises

Last Action

Died in Careers and Competition Subcommittee

3/10/2018

Committee Referrals

Careers and Competition Subcommittee1/12/2018

Full Bill Text

No bill text available