Florida Statute 540.1 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

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

Chapter 540
COMMERCIAL DISCRIMINATION

View Entire Chapter

F.S. 540.01

540.01 Unfair discrimination and competition prohibited; definition of commodity.—

(1) Any person doing business in the state, and engaged in the production, manufacture, sale or distribution of any commodity in general use, that shall, for the purpose of destroying the business of a competitor in any locality, discriminate between different sections, communities, or cities of this state by selling such commodity at a lower rate in one section, community or city, than is charged for said commodity by said party in another section, community or city, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of production, if a raw product, or from the point of manufacture, if a manufactured product, shall be deemed guilty of unfair discrimination, which is declared unlawful; provided, however, that nothing herein contained shall prevent discrimination in prices in the same or different sections, communities, or cities of this state made in good faith in an amount necessary to meet competition.

(2) As used in this chapter the word “commodity” shall include any article, product, thing of value, service or output of a service trade.

History.—s. 1, ch. 6945, 1915; RGS 2517; CGL 3939; s. 1, ch. 61-323; s. 1, ch. 67-485.

F.S. 540.01 on Google Scholar

F.S. 540.01 on CourtListener

Amendments to 540.01

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 540.01

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

S540.01 - ANTITRUST - UNFAIR COMMERCIAL DISCRIMINATION COMPETITION - M: F

Cases Citing Statute 540.01

Total Results: 6

Liquor Store v. Continental Distilling Corp.

40 So. 2d 371, 1949 Fla. LEXIS 1373

Supreme Court of Florida | Filed: Apr 5, 1949 | Docket: 3272445

Cited 46 times | Published

corporation violating any of the provisions of § 540.01, and any officer agent or receiver of any firm

National Dairy Products Corporation v. State Ex Rel. Warren

189 So. 2d 811

District Court of Appeal of Florida | Filed: Aug 23, 1966 | Docket: 1328116

Cited 3 times | Published

named defendants from continuing violations of Section 540.01, Florida Statutes, F.S.A. more specifically

Syfo Water Co. v. Chakoff

182 So. 2d 17

District Court of Appeal of Florida | Filed: Nov 9, 1965 | Docket: 1486802

Cited 2 times | Published

sold by it elsewhere, which was a violation of Section 540.01, Florida Statutes, F.S.A. Appellant and appellees

In re Hutchens

480 B.R. 374, 2012 WL 4829223

United States Bankruptcy Court, M.D. Florida | Filed: Oct 4, 2012 | Docket: 65784408

Cited 1 times | Published

H. Brown, Chapter 13 Bankruptcy, 4th Edition, § 540. 1, at ¶ 8, Sec. Rev. Mar. 29, 2006, www.Chl3online

Huber Distributing Co. v. National Distributing Co.

307 So. 2d 176, 1974 Fla. LEXIS 4002

Supreme Court of Florida | Filed: Dec 4, 1974 | Docket: 64544033

Published

competition, including Grantham and Huber, offending Section 540.01, Florida Statutes; unlawful price-fixing, exclusive

State Board of Funeral Directors & Embalmers v. Evans

256 So. 2d 574, 1972 Fla. App. LEXIS 7512

District Court of Appeal of Florida | Filed: Jan 11, 1972 | Docket: 64523957

Published

because, after observing “that the violation of Section 540.01, Florida Statutes, F.S.A., is criminal in nature