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Florida Statute 540.01 | Lawyer Caselaw & Research
F.S. 540.01 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 540.01

The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 540
COMMERCIAL DISCRIMINATION
View Entire Chapter
F.S. 540.01
540.01 Unfair discrimination and competition prohibited; definition of commodity.
(1) Any person doing business in the state, and engaged in the production, manufacture, sale or distribution of any commodity in general use, that shall, for the purpose of destroying the business of a competitor in any locality, discriminate between different sections, communities, or cities of this state by selling such commodity at a lower rate in one section, community or city, than is charged for said commodity by said party in another section, community or city, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of production, if a raw product, or from the point of manufacture, if a manufactured product, shall be deemed guilty of unfair discrimination, which is declared unlawful; provided, however, that nothing herein contained shall prevent discrimination in prices in the same or different sections, communities, or cities of this state made in good faith in an amount necessary to meet competition.
(2) As used in this chapter the word “commodity” shall include any article, product, thing of value, service or output of a service trade.
History.s. 1, ch. 6945, 1915; RGS 2517; CGL 3939; s. 1, ch. 61-323; s. 1, ch. 67-485.

F.S. 540.01 on Google Scholar

F.S. 540.01 on Casetext

Amendments to 540.01


Arrestable Offenses / Crimes under Fla. Stat. 540.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

S540.01 - ANTITRUST - UNFAIR COMMERCIAL DISCRIMINATION COMPETITION - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE TUTTLE v., 600 B.R. 783 (Bankr. E.D. Wis. 2019)

. . . Schedule I did not prorate the tax refunds their household received, which would have been about $ 540.01 . . .

IN RE BUKOVICS, v., 587 B.R. 695 (Bankr. N.D. Ill. 2018)

. . . indicated that her loan balance had reached $51,119.47, and that the monthly payments had increased to $540.01 . . .

PENTCO, INC. d b a d b a d b a d b a d b a d b a v. MOODY, T., 474 F. Supp. 1001 (S.D. Ohio 1978)

. . . Section 540.01 The Court finds the definitions, § 540.01, to pass facial constitutional muster. . . . While there may be some merit to the plaintiffs’ position in the application of § 540.01, the Court does . . . I believe that § 540.01 is fairly susceptible of interpretation that would avoid possible constitutional . . .

HUBER DISTRIBUTING COMPANY, INC. a Co. a v. NATIONAL DISTRIBUTING COMPANY, INC. a, 307 So. 2d 176 (Fla. 1974)

. . . purpose of destroying competitors and competition, including Grantham and Huber, offending Section 540.01 . . .

STATE BOARD OF FUNERAL DIRECTORS AND EMBALMERS OF FLORIDA, v. EVANS, a k a H., 256 So. 2d 574 (Fla. Dist. Ct. App. 1972)

. . . , 182 So.2d 17, 18-19, is not insignificant because, after observing “that the violation of Section 540.01 . . .

NATIONAL DAIRY PRODUCTS CORPORATION, a v. STATE R. WARREN,, 189 So. 2d 811 (Fla. Dist. Ct. App. 1966)

. . . County Circuit Court, seeking to enjoin certain named defendants from continuing violations of Section 540.01 . . . the defendants enjoining them from “further acts of unfair discrimination as prohibited by Section 540.01 . . .

SYFO WATER CO. a v. CHAKOFF, a k a d b a s s a d b a s J. Jr., 182 So. 2d 17 (Fla. Dist. Ct. App. 1965)

. . . seltzer in a particular area at a lower price than sold by it elsewhere, which was a violation of Section 540.01 . . . Thereafter the ap-pellees filed an answer and counterclaim alleging a violation of Section 540.01, and . . . temporarily restrained from any unfair discrimination and unfair competition as prohibited by Section 540.01 . . . The statute in question recites, inter alia: “540.01 Unfair discrimination and competition prohibited . . . It must be pointed out that the violation of Section 540.01, Florida Statutes, F.S.A., is criminal in . . .

Co. v., 12 B.T.A. 289 (B.T.A. 1928)

. . . $404,707.93, or approximately 22.52 per cent, represented loans made to members or stockholders, and $1,392,-540.01 . . .