The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 526
SALE OF LIQUID FUELS; BRAKE FLUID

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F.S. 526.304

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 or quality of motor fuel at a retail outlet below nonrefiner cost, where the effect is to injure competition.

(2)(a) An isolated, inadvertent incident involving activity prohibited pursuant to subsection (1) or subsection (3) shall not be a violation of this act.

(b) A refiner’s sale below refiner cost or a nonrefiner’s sale below nonrefiner cost made in good faith to meet an equally low retail price of a competitor selling motor fuel of like grade in the same relevant geographic market which can be used in the same motor vehicle, or of the same or similar items in combination with motor fuel of like grade which can be used in the same motor vehicle, is not a violation of this act.

(3) Notwithstanding any other provision of law to the contrary, it is unlawful for a refiner, including any affiliate or agent thereof, to sell any grade of motor fuel at a retail outlet at a price that is below the price charged by that refiner to any wholesaler or dealer under written contract for the like grade and quality of motor fuel, to the extent that the wholesaler or dealer resells in the relevant geographic market where the refiner’s retail price is in effect.

History.—s. 4, ch. 85-74; s. 2, ch. 87-158; s. 2, ch. 91-247.

F.S. 526.304 on Google Scholar

F.S. 526.304 on Casetext

Amendments to 526.304

Arrestable Offenses / Crimes under Fla. Stat. 526.304

Level: Degree
Misdemeanor/Felony: First/Second/Third

S526.304 - FRAUD - SELL MOTOR FUEL AT RETAIL BELOW COST SUBSQ OFF - M: F

S526.304 - FRAUD - SELL MOTOR FUEL AT RETAIL BELOW COST 1ST OFF - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

NJN SYSTEMS, INC. v. SUNOCO, INC., 95 F. Supp. 3d 1330 (M.D. Fla. 2015)

. . . (See Doc. 53 at 5); see also § 526.304 Fla. Stat. . . . motor fuel of like grade which can be used in the same motor vehicle, is not a violation of this act. § 526.304 . . . geographic market in good faith, therefore the pricing on these occasions did not violate the act. § 526.304 . . .

RACETRAC PETROLEUM, INC. v. DELCO OIL, INC., 721 So. 2d 376 (Fla. Dist. Ct. App. 1998)

. . . The first provision at issue is subsection 526.304(l)(b), Florida Statutes (1995), which provides: “It . . . proof of injury to Deleo alone constituted injury to “competition” within the meaning of subsection 526.304 . . . this case appears to be exactly what was contemplated by the legislature when it enacted subsection 526.304 . . .

SIXTY ENTERPRISES, INC. v. ROMAN CIRO, INC., 601 So. 2d 234 (Fla. Dist. Ct. App. 1992)

. . . Ciro alleged that Sixty Enterprises was selling motor fuel below its cost, in violation of Section 526.304 . . . proof that the low price was necessary to meet the competition, is a party entitled, under Section 526.304 . . . See § 526.304(2)(a), Fla.Stat. (1991). . . . More importantly to the facts of this case, Section 526.304(2)(b) of the Act expressly allows below cost . . . The plain language of Section 526.304 reflects that the right to set prices is left up to the retail . . .

PHILLIPS PETROLEUM CO. INC. v. STATE A. BUTTERWORTH,, 584 So. 2d 106 (Fla. Dist. Ct. App. 1991)

. . . We also note that section 526.304 (1989), not alleged to be violated here, specifically addresses issues . . . reaching our conclusion, we need not address Phillips’ argument that there would be no need for section 526.304 . . .