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Florida Statute 540.01 - Full Text and Legal Analysis
Florida Statute 540.01 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 540.01 Case Law from Google Scholar Google Search for Amendments to 540.01

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 540
COMMERCIAL DISCRIMINATION
View Entire Chapter
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  |  Sort by: Relevance  |  Newest First

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Liquor Store v. Cont'l Distilling Corp., 40 So. 2d 371 (Fla. 1949).

Cited 46 times | Published | Supreme Court of Florida | 1949 Fla. LEXIS 1373

corporation violating any of the provisions of § 540.01, and any officer agent or receiver of any firm
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Nat'l Dairy Prods. Corp. v. State Ex Rel. Warren, 189 So. 2d 811 (Fla. 1st DCA 1966).

Cited 3 times | Published | Florida 1st District Court of Appeal

...Pursuant to Section 540.02, Florida Statutes, F.S.A. 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....
...en. On September 18, 1965, which was a Saturday, the Circuit Court issued without notice to any of the defendants a temporary restraining order against all of the defendants enjoining them from "further acts of unfair discrimination as prohibited by Section 540.01, Florida Statutes, [F.S.A.] and specifically, from selling the commodity in general use known as Grade A homogenized milk in any locality in the northeasterly section of the State of Florida, at a lower rate than is charged for said co...
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Syfo Water Co. v. Chakoff, 182 So. 2d 17 (Fla. 3d DCA 1965).

Cited 2 times | Published | Florida 3rd District Court of Appeal

...SWANN, Judge. Appellant, Syfo Water Co., Inc., 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....
...by they stole the appellant's employees and customers and sought equitable relief by virtue of these alleged acts. Pursuant thereto, a temporary injunction was issued. Thereafter the appellees filed an answer and counterclaim alleging a violation of Section 540.01, and the Federal Code, prohibiting discriminatory price practices in the same community, and seeking a temporary injunction to prevent appellant from further price discrimination and price cutting in violation of the law. Subsequently, both appellant and appellees were temporarily restrained from any unfair discrimination and unfair competition as *18 prohibited by Section 540.01....
...elling the same seltzer for fifteen cents elsewhere in the community. The order enjoining appellant from engaging in unfair price discrimination in violation of the statute is the subject of this appeal. The statute in question recites, inter alia: "540.01 Unfair discrimination and competition prohibited; definition of commodity....
...refore Reversed. ON PETITION FOR REHEARING SWANN, Judge. The appellees' petition for rehearing complains that the opinion is based on an isolated portion of a deposition of the President of the appellant. It must be pointed out 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 county jail, not to exceed one year....
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In re Hutchens, 480 B.R. 374 (Bankr. M.D. Fla. 2012).

Cited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 2012 WL 4829223

H. Brown, Chapter 13 Bankruptcy, 4th Edition, § 540. 1, at ¶ 8, Sec. Rev. Mar. 29, 2006, www.Chl3online
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State Bd. of Funeral Directors & Embalmers v. Evans, 256 So. 2d 574 (Fla. Dist. Ct. App. 1972).

Published | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7512

...The Criminal Statutes Are Not Themselves an Adequate Remedy at Lavo The language on re-hearing in Syfo Water Co., Inc. v. Chakoff, et al., Fla.App. 3rd Dist., 1966, 182 So.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 county jail, not to exceed one year”, and after acknowledg...
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Huber Distrib. Co. v. Nat'l Distrib. Co., 307 So. 2d 176 (Fla. 1974).

Published | Supreme Court of Florida | 1974 Fla. LEXIS 4002

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