Florida Statutes
Fla. Stat. § 526.304 (2025)
Predatory practices unlawful; exceptions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 526.304
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§526.304FRAUDSELL MOTOR FUEL AT RETAIL BELOW COST SUBSQ OFF
§526.304FRAUDSELL MOTOR FUEL AT RETAIL BELOW COST 1ST OFF
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1991–2024 · leading case: Racetrac Petroleum v. Delco Oil, Inc., 721 So. 2d 376 (Fla. 5th DCA 1998).
Racetrac Petroleum v. Delco Oil, Inc., 721 So. 2d 376 (Fla. 5th DCA 1998). “" Racetrac contends the trial court erred in concluding that proof of injury to Delco alone constituted injury to "competition" within the meaning of this subsection, arguing that our legislature intended to enforce the prohibition against below-cost motor fuel pricing only when…”
Sixty Enter. v. Roman & Ciro, Inc., 601 So. 2d 234 (Fla. 3d DCA 1992). “By eliminating predatory practices harmful to competition, such as below cost selling, § 526.304 prevents viable competitors from being forced out of business, which in turn enhances the total choices available to Florida's motorists.”
Sun Gas Mktg. & Petroleum, LLC v. BJ'S Wholesale Club, Inc. (Fla. 4th DCA 2024). “” § 526.304(1)(b), Fla. Stat. (2019). A “retail outlet” is “a facility, including land and improvements, where motor fuel is offered for sale, at retail, to the motoring public.”
NJN Sys., Inc. v. Sunoco, Inc., 95 F. Supp. 3d 1330 (M.D. Fla. 2015). “53 at 5); see also § 526.304 Fla. Stat. (setting forth elements for violation of FMFMPA by fuel seller).”
Phillips Petroleum Co. v. State ex rel. Butterworth, 584 So. 2d 106 (Fla. 4th DCA 1991). “We also note that section 526.304 (1989), not alleged to be violated here, specifically addresses issues of retail level price fixing, prohibiting retail sales by a refiner “at a retail outlet below refiner cost, where the effect is to injure competition,” except where the lower…”
— 526.304(1)(a) — 1 case
Sixty Enter. v. Roman & Ciro, Inc., 601 So. 2d 234 (Fla. 3d DCA 1992). “By eliminating predatory practices harmful to competition, such as below cost selling, § 526.304 prevents viable competitors from being forced out of business, which in turn enhances the total choices available to Florida's motorists.”
— 526.304(1)(b) — 2 cases
Racetrac Petroleum v. Delco Oil, Inc., 721 So. 2d 376 (Fla. 5th DCA 1998). “" Racetrac contends the trial court erred in concluding that proof of injury to Delco alone constituted injury to "competition" within the meaning of this subsection, arguing that our legislature intended to enforce the prohibition against below-cost motor fuel pricing only when…”
Sun Gas Mktg. & Petroleum, LLC v. BJ'S Wholesale Club, Inc. (Fla. 4th DCA 2024). “” § 526.304(1)(b), Fla. Stat. (2019). A “retail outlet” is “a facility, including land and improvements, where motor fuel is offered for sale, at retail, to the motoring public.”
— 526.304(2) — 1 case
NJN Sys., Inc. v. Sunoco, Inc., 95 F. Supp. 3d 1330 (M.D. Fla. 2015). “53 at 5); see also § 526.304 Fla. Stat. (setting forth elements for violation of FMFMPA by fuel seller).”
— 526.304(2)(a) — 1 case
Sixty Enter. v. Roman & Ciro, Inc., 601 So. 2d 234 (Fla. 3d DCA 1992). “By eliminating predatory practices harmful to competition, such as below cost selling, § 526.304 prevents viable competitors from being forced out of business, which in turn enhances the total choices available to Florida's motorists.”
— 526.304(2)(b) — 2 cases
Sixty Enter. v. Roman & Ciro, Inc., 601 So. 2d 234 (Fla. 3d DCA 1992). “By eliminating predatory practices harmful to competition, such as below cost selling, § 526.304 prevents viable competitors from being forced out of business, which in turn enhances the total choices available to Florida's motorists.”
NJN Sys., Inc. v. Sunoco, Inc., 95 F. Supp. 3d 1330 (M.D. Fla. 2015). “53 at 5); see also § 526.304 Fla. Stat. (setting forth elements for violation of FMFMPA by fuel seller).”
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