Florida Statute 526.312 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

Chapter 526
SALE OF LIQUID FUELS; BRAKE FLUID

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F.S. 526.312

526.312 Enforcement; private actions; injunctive relief.—

(1) Any person injured as a result of an act or practice which violates this act may bring a civil action for appropriate relief, including an action for a declaratory judgment, injunctive relief, and actual damages.

(2) On the application for a temporary restraining order or a preliminary injunction, the court, in its discretion having due regard for the public interest, may require or dispense with the requirement of a bond, with or without surety, as conditions and circumstances may require. If a bond is required, the amount shall not be greater than $50,000. Upon proper application by the plaintiff, the court shall grant preliminary injunctive relief if the plaintiff shows:

(a) That he or she is a proper person to seek the relief requested.

(b) There exist sufficiently serious questions going to the merits to make such questions a fair ground for litigation; and the court determines, on balance, the hardships imposed on the defendant and the public interest by the issuance of such preliminary injunctive relief will be less than the hardship which would be imposed on the plaintiff if such preliminary injunctive relief were not granted.

The standards specified in paragraphs (a) and (b) shall also apply to actions for injunctive relief brought by the department under s. 526.311.

(3) Any actual damages found to have resulted from violations of this act may be trebled by the court.

(4) The court shall award a reasonable attorney’s fee to the prevailing plaintiff and may award a reasonable attorney’s fee to the prevailing defendant.

History.—s. 11, ch. 85-74; s. 6, ch. 91-247; s. 720, ch. 97-103; s. 40, ch. 2000-258; s. 18, ch. 2000-308.

F.S. 526.312 on Google Scholar

F.S. 526.312 on Casetext

Amendments to 526.312

Arrestable Offenses / Crimes under Fla. Stat. 526.312

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 526.312.

Annotations, Discussions, Cases:

Cases Citing Statute 526.312

Total Results: 3

Racetrac Petroleum v. Delco Oil, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1998-11-06

Citation: 721 So. 2d 376, 1998 Fla. App. LEXIS 14043, 1998 WL 769799

Snippet: 1994). The second relevant provision is subsection 526.312(2)(b), Florida Statutes (1995), which authorizes

Sarkis v. Pafford Oil Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1997-04-23

Citation: 697 So. 2d 524, 1997 WL 193841

Snippet: practice in the marketing of motor fuel. Section 526.312 states that "[a]ny person injured as a result of

SIXTY ENTERPRISES v. Roman & Ciro, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1992-05-26

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

Snippet: issued a temporary injunction, pursuant to Section 526.312 of the Act, enjoining all the parties, including