526.301 – Short title.
526.301 Short title.—This act may be cited as the “Motor Fuel Marketing Practices Act.” History.—s. 1, ch. 85-74.
526.302 – Legislative findings and intent.
526.302 Legislative findings and intent.—The Legislature finds that fair and healthy competition in the marketing of motor fuel provides maximum benefits to consumers in this state, and that certain marketing practices which impair such competition are contrary to the public interest. Predatory practices and, under certain conditions, discriminatory practices, are unfair trade practices and restraints which […]
526.303 – Definitions.
526.303 Definitions.—As used in this act: (1) “Affiliate” means any person whose stock is more than 50 percent owned by, or who, regardless of stock ownership, is controlled by, or who, regardless of stock ownership, is under common control with, any refiner. (2) “Competition” means the vying for motor fuel sales between any two sellers in the same […]
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 […]