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, […]
526.51 – Registration; renewal and fees; departmental expenses; cancellation or refusal to issue or renew.
526.51 Registration; renewal and fees; departmental expenses; cancellation or refusal to issue or renew.— (1)(a) Application for registration of each brand of brake fluid shall be made on forms supplied by the department. The applicant shall give his or her name and address and the brand name of the brake fluid, state that he or she owns […]
526.52 – Specifications; adulteration and misbranding.
526.52 Specifications; adulteration and misbranding.— (1) The department shall establish specifications for brake fluid which shall promote the public safety in the operation of automotive vehicles and may amend such specifications by regulation, but in no event shall the specifications for brake fluid fall below the minimum specifications established by the Society of Automotive Engineers for brake […]
526.53 – Enforcement; inspection and analysis, stop-sale and disposition, regulations.
526.53 Enforcement; inspection and analysis, stop-sale and disposition, regulations.— (1) The department shall enforce this part through the department, and may sample, inspect, analyze, and test any brake fluid manufactured, packed, or sold within this state. Collected samples must be analyzed by the department. The certificate of analysis by the department shall be prima facie evidence of […]
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.
526.54 – Certified copy of analysis as evidence.
526.54 Certified copy of analysis as evidence.—A certified copy of the analysis made by the department shall be admitted as prima facie evidence in any court proceeding involving the inspection, analysis, standards or specifications of brake fluid as defined and covered by this part. History.—s. 1, ch. 61-390.
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 […]
526.55 – Violation and penalties.
526.55 Violation and penalties.— (1) It is unlawful: (a) To sell any brake fluid that is adulterated or misbranded, not registered, or on which a permit has not been issued. (b) For anyone to remove any stop-sale order placed on a product by the department, or any product upon which a stop-sale order has been placed. (2) If the department […]