526.304 – Predatory practices unlawful; exceptions.
526.304 Predatory practices unlawful; exceptions.— (1)(a) It is unlawful for any refiner engaged in commerce in this state to sell any grade or quality of motor fuel at a retail outlet below refiner cost, where the effect is to injure competition. (b) It is unlawful for any nonrefiner engaged in commerce in this state to sell any grade […]
526.305 – Discriminatory practices unlawful; exceptions.
526.305 Discriminatory practices unlawful; exceptions.— (1) It is unlawful for any person engaged in commerce in this state: (a) To sell for resale any grade of motor fuel at a price lower than the price at which the seller contemporaneously sells motor fuel of like grade and quality to another person on the same level of distribution, in […]
526.306 – Discriminatory allocations unlawful.
526.306 Discriminatory allocations unlawful.— (1) It is unlawful for a supplier engaged in commerce in this state to limit or allocate the quantity of motor fuel available to a reseller purchasing under contract from such supplier because such reseller was prevented by such supplier from purchasing the minimum quantities such reseller was obligated to purchase from such […]
526.307 – Unfair practices unlawful.
526.307 Unfair practices unlawful.— (1) It shall be unlawful for a refiner or other supplier to fix or maintain the retail price of motor fuel at a retail outlet supplied by that refiner or supplier. Nothing herein shall be construed to prevent a refiner or supplier from counseling concerning retail prices, provided no threat or coercion is […]
526.308 – Certain rebates unlawful.
526.308 Certain rebates unlawful.—It is unlawful for any seller to offer or give a rebate, rent subsidy, or concession of any kind in connection, either directly or indirectly, with the sale of motor fuel for resale to a person when the seller does not provide, on proportionately equal terms, the same rebate, rent subsidy, or concession, […]
526.309 – Exempt sales.
526.309 Exempt sales.—The provisions of this act shall not apply to the following retail sales by a refiner: (1) A bona fide clearance sale for the purpose of discontinuing trade in such motor fuel. (2) A final business liquidation sale. (3) A sale of the refiner’s motor fuel by a fiduciary or other officer under the order or direction […]
526.311 – Enforcement; civil penalties; injunctive relief.
526.311 Enforcement; civil penalties; injunctive relief.— (1) A person who knowingly violates this act shall be subject to a civil penalty in the Class III category pursuant to s. 570.971 for each violation. Each day that a violation of this act occurs shall be considered a separate violation, but the civil penalty may not exceed $250,000. Such […]
526.312 – Enforcement; private actions; injunctive relief.
526.312 Enforcement; private actions; injunctive relief.— (1) Any person injured as a result of an act or practice which violates this act may bring a civil action for appropriate relief, including an action for a declaratory judgment, injunctive relief, and actual damages. (2) On the application for a temporary restraining order or a preliminary injunction, the court, in […]
526.313 – Limitations period for actions.
526.313 Limitations period for actions.—Any action brought by the department shall be brought within 2 years after the alleged violation occurred or should reasonably have been discovered. Any action brought by any other person shall be brought within 1 year after the alleged violation occurred or should reasonably have been discovered, except that a private action […]
526.50 – Definition of terms.
526.50 Definition of terms.—As used in this part: (1) “Brake fluid” means the fluid intended for use as the liquid medium through which force is transmitted in the hydraulic brake system of a vehicle operated upon the highways. (2) “Department” means the Department of Agriculture and Consumer Services. (3) “Sell” includes give, distribute, barter, exchange, trade, keep for sale, […]