Florida Statutes
Fla. Stat. § 540.01 (2025)
Unfair discrimination and competition prohibited; definition of commodity.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 540.01
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§540.01ANTITRUSTUNFAIR COMMERCIAL DISCRIMINATION COMPETITION
Notes of Decisions
Cited in 4
cases, 1965–1974 · leading case: Syfo Water Co. v. Chakoff, 182 So. 2d 17 (Fla. 3d DCA 1965).
Syfo Water Co. v. Chakoff, 182 So. 2d 17 (Fla. 3d DCA 1965). “, a Florida corporation, by this interlocutory appeal seeks review of an order enjoining it from selling seltzer in a particular area at a lower price than sold by it elsewhere, which was a violation of Section 540.01, Florida Statutes, F.S.A. Appellant and appellees were…”
Nat'l Dairy Prods. Corp. v. State Ex Rel. Warren, 189 So. 2d 811 (Fla. 1st DCA 1966). “the State Attorney of the Seventh Judicial Circuit of Florida, instituted injunctive proceedings in Volusia County Circuit Court, seeking to enjoin certain named defendants from continuing violations of Section 540.01, Florida Statutes, F.S.A. more specifically, to enjoin unfair…”
State Bd. of Funeral Directors & Embalmers v. Evans, 256 So. 2d 574 (Fla. 1st DCA 1972). “2d 17, 18-19 , is not insignificant because, after observing “that the violation of Section 540.01, Florida Statutes, F.S.A., is criminal in nature in that the penalty for the violation of that Section is a fine of not more than five thousand dollars or imprisonment in the…”
Huber Distrib. Co. v. Nat'l Distrib. Co., 307 So. 2d 176 (Fla. 1974). “ran-tham had actual knowledge and which it sought to bring to the attention of the Division of Beverage in connection with the license application through its intervention or participation in the license proceeding, and which violations consisted of predatory price…”
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