Florida Statute 526.304 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

Chapter 526
SALE OF LIQUID FUELS; BRAKE FLUID

View Entire Chapter

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 Citing Statute 526.304

Total Results: 4

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-21T00:00:00-08:00

Snippet: where the effect is to injure competition.” § 526.304(1)(b), Fla. Stat. (2019). A “retail outlet” is …retail outlet below nonrefiner cost . . . .” § 526.304(1)(b), Fla. Stat. (2019). BJ’s does not dispute…outlet” as defined in section 526.303(14). Section 526.304(1)(b), Florida Statutes (2019), clearly and unambiguously….” Id. (emphasis supplied). Therefore, section 526.304(1)(b)’s clear and unambiguous language does not

Racetrac Petroleum v. Delco Oil, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1998-11-05T23:53:00-08:00

Citation: 721 So. 2d 376

Snippet: )). The first provision at issue is subsection 526.304(1)(b), Florida Statutes (1995), which provides:…competition" within the meaning of subsection 526.304(1)(b), since the definition of "competition… by the legislature when it enacted subsection 526.304(1)(b), since the statute prohibits the sale of

SIXTY ENTERPRISES v. Roman & Ciro, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1992-05-26T00:53:00-07:00

Citation: 601 So. 2d 234

Snippet: motor fuel below its cost, in violation of Section 526.304(1)(a), Florida Statutes (1989), of the Motor Fuel…competition, is a party entitled, under Section 526.304(2)(b) *236 of the Act, to sell below its cost. …predatory and anticompetitive practices, Section 526.304 of the Act prohibits refiners and non-refiners …inadvertent incidents" of below cost selling. See § 526.304(2)(a), Fla. Stat. (1991).[8] More importantly to… to the facts of this case, Section 526.304(2)(b) of the Act expressly allows below cost sales made in

Phillips Petroleum Co. v. State ex rel. Butterworth

Court: Fla. Dist. Ct. App. | Date Filed: 1991-07-31T00:00:00-07:00

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

Snippet: So.2d 150 (Fla.1977). We also note that section 526.304 (1989), not alleged to be violated here, specifically…argument that there would be no need for section 526.304 if the state’s interpretation of section 526.305