Florida Statutes
Fla. Stat. § 526.312 (2025)
Enforcement; private actions; injunctive relief.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 3
cases, 1992–1998 · 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). “The second relevant provision is subsection 526.312(2)(b), Florida Statutes (1995), which authorizes the circuit court to issue a temporary injunction to enforce the Act if "the court determines, on balance, the hardships imposed on the defendant and the public interest by the…”
Sarkis v. Pafford Oil Co., Inc., 697 So. 2d 524 (Fla. 1st DCA 1997). “Section 526.312 states that "[a]ny 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.”
Sixty Enter. v. Roman & Ciro, Inc., 601 So. 2d 234 (Fla. 3d DCA 1992). “The trial court granted Roman & Ciro's motion and issued a temporary injunction, pursuant to Section 526.312 of the Act, enjoining all the parties, including Sixty Enterprises, from selling motor fuel below cost, unless the party selling below cost could document that it was…”
— 526.312(2)(b) — 1 case
Racetrac Petroleum v. Delco Oil, Inc., 721 So. 2d 376 (Fla. 5th DCA 1998). “The second relevant provision is subsection 526.312(2)(b), Florida Statutes (1995), which authorizes the circuit court to issue a temporary injunction to enforce the Act if "the court determines, on balance, the hardships imposed on the defendant and the public interest by the…”
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