Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 526.305 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
Statute is currently reporting as:
F.S. 526.305 Case Law from Google Scholar Google Search for Amendments to 526.305

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. 526.305
526.305 Discriminatory practices unlawful; exceptions.
(1) It is unlawful for any person engaged in commerce in this state:
(a) To sell for resale any grade of motor fuel at a price lower than the price at which the seller contemporaneously sells motor fuel of like grade and quality to another person on the same level of distribution, in the same class of trade, and within the same relevant geographic market as the purchaser; or
(b) To knowingly receive for resale any grade of motor fuel at a price lower than the price at which the seller from which the motor fuel is purchased or received contemporaneously sells motor fuel of like grade and quality to another person on the same level of distribution, in the same class of trade, and within the same relevant geographic market as the purchaser;

where the effect is to injure competition.

(2) A sale of motor fuel of like grade and quality at different prices to persons at the same level of distribution is not a violation of this section if the difference in price is due to a difference in the cost of sale or delivery resulting from differing methods or quantities in which the grade of motor fuel is sold or delivered.
(3) Subject to the limitations of s. 526.304(3), a sale made in good faith to meet an equally low price of a competitor selling motor fuel of like grade which can be used in the same motor vehicle is not a violation of this section.
(4) It is unlawful for a refiner to sell any grade of motor fuel to a wholesaler under written contract at a price, after adding federal, state, and local taxes and inspection fees, which is higher than the net price, after deducting all allowances, rebates, and discounts, at which the refiner contemporaneously sells motor fuel of like grade and quality to a dealer in competition with any retail outlet supplied by such wholesaler, where the effect is to injure competition; except to the extent that the difference in price is attributable to a rebate, rent subsidy, or other concession which is offered to the wholesaler on proportionately equal or comparable terms.
(5) An isolated, inadvertent incident involving the activity prohibited pursuant to subsection (1) or subsection (4) shall not be a violation of this act.
History.s. 5, ch. 85-74; s. 70, ch. 87-225; s. 3, ch. 91-247.

F.S. 526.305 on Google Scholar

F.S. 526.305 on Casetext

Amendments to 526.305


Arrestable Offenses / Crimes under Fla. Stat. 526.305
Level: Degree
Misdemeanor/Felony: First/Second/Third

S526.305 1 - FRAUD - DISCRIM PRICE MOTOR FUEL FOR RESALE SUBSQ OFF - M: F
S526.305 1 - FRAUD - DISCRIM PRICE OF MOTOR FUEL FOR RESALE 1ST OFF - M: S
S526.305 4 - FRAUD - REFINER PRICE DISCRIM DLR WHOLESALER SUBSQ OFF - M: F
S526.305 4 - FRAUD - REFINER PRICE DISCRIM W DLR WHOLESALER 1ST OFF - M: S



Annotations, Discussions, Cases:

Cases Citing Statute 526.305

Total Results: 1

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

Snippet: Florida Statutes (1989), and particularly, section 526.305, and enjoining Phillips from selling gasoline at…state failed to demonstrate a violation of section 526.305 of the act. The relevant portion provides: (1) …Phillips asserts that it did not violate section 526.305 by the lower retail price at the pump notwithstanding…the Act. Applying the plain language of section 526.305, we conclude that its provisions did not bar the…retailers. Further there is no language in section 526.305 indicating that a good faith wholesale sale, reflected