Florida Statute 526.304 - Full Text and Legal Analysis

The 2025 Florida Statutes

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

Chapter 526
SALE OF LIQUID FUELS; BRAKE FLUID

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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.

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Amendments to 526.304

Annotations, Discussions, Cases:

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

Cases Citing Statute 526.304

Total Results: 4

SIXTY ENTERPRISES v. Roman & Ciro, Inc.

601 So. 2d 234, 1992 Fla. App. LEXIS 5520, 1992 WL 109620

District Court of Appeal of Florida | Filed: May 26, 1992 | Docket: 1305212

Cited 2 times | Published

motor fuel below its cost, in violation of Section 526.304(1)(a), Florida Statutes (1989), of the Motor

Sun Gas Marketing & Petroleum, LLC v. BJ'S Wholesale Club, Inc.

District Court of Appeal of Florida | Filed: Feb 21, 2024 | Docket: 68268129

Published

where the effect is to injure competition.” § 526.304(1)(b), Fla. Stat. (2019). A “retail outlet” is

NJN Systems, Inc. v. Sunoco, Inc.

95 F. Supp. 3d 1330, 2015 U.S. Dist. LEXIS 27026, 2015 WL 997864

District Court, M.D. Florida | Filed: Mar 5, 2015 | Docket: 64301256

Published

proximity to Plaintiff. (See Doc. 53 at 5); see also § 526.304 Fla. Stat. (setting forth elements for violation

Phillips Petroleum Co. v. State ex rel. Butterworth

584 So. 2d 106, 1991 Fla. App. LEXIS 7355, 1991 WL 138897

District Court of Appeal of Florida | Filed: Jul 31, 1991 | Docket: 64660827

Published

349 So.2d 150 (Fla.1977). We also note that section 526.304 (1989), not alleged to be violated here, specifically

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.