2001 Florida Code
TITLE XXXIX Commercial Relations
Chapter 686 Sales, Distribution, And Franchise Relationships  
686.201   Sales representative contracts involving commissions; requirements; termination of agreement; civil remedies.

686.201  Sales representative contracts involving commissions; requirements; termination of agreement; civil remedies.--

(1)  As used in this act, the term:

(a)  "Commission" means compensation accruing to a sales representative for payment by a principal, the rate of which compensation is expressed as a percentage of the dollar amount of orders or sales.

(b)  "Principal" means a person who does not have a permanent or fixed place of business in this state and who:

1.  Manufactures, produces, imports, or distributes a product for wholesale, except for fresh commodities;

2.  Contracts with a sales representative to solicit orders for the product; and

3.  Compensates the sales representative, in whole or in part, by commission.

(c)  "Sales representative" means a person who contracts with a principal to solicit wholesale orders and who is compensated, in whole or in part, by commission, but does not include a person who places orders for his or her own account for resale.

(2)  When a principal contracts with a sales representative to solicit wholesale orders within this state, the contract shall be in writing and shall set forth the method by which the commission is to be computed and paid. The principal shall provide the sales representative with a signed copy of the contract and shall obtain a signed receipt for the contract from the sales representative.

(3)(a)  When the contract between a sales representative and a principal is terminated and the contract was not reduced to writing, all commissions due shall be paid within 30 days of termination.

(b)  In the event a principal fails to comply with the provisions of paragraph (a), the sales representative has a cause of action for damages equal to double the amount of commission found to be due. The prevailing party in any such action is entitled to an award of reasonable attorney's fees and court costs.

History.--s. 1, ch. 84-76; s. 734, ch. 97-102.