(1)(a) It is unlawful for any refiner engaged in commerce in this state to sell any grade or quality of motor fuel at a retail outlet below refiner cost, where the effect is to injure competition.
(b) It is unlawful for any nonrefiner engaged in commerce in this state to sell any grade or quality of motor fuel at a retail outlet below nonrefiner cost, where the effect is to injure competition.
(2)(a) An isolated, inadvertent incident involving activity prohibited pursuant to subsection (1) or subsection (3) shall not be a violation of this act.
(b) A refiner’s sale below refiner cost or a nonrefiner’s sale below nonrefiner cost made in good faith to meet an equally low retail price of a competitor selling motor fuel of like grade in the same relevant geographic market which can be used in the same motor vehicle, or of the same or similar items in combination with motor fuel of like grade which can be used in the same motor vehicle, is not a violation of this act.
(3) Notwithstanding any other provision of law to the contrary, it is unlawful for a refiner, including any affiliate or agent thereof, to sell any grade of motor fuel at a retail outlet at a price that is below the price charged by that refiner to any wholesaler or dealer under written contract for the like grade and quality of motor fuel, to the extent that the wholesaler or dealer resells in the relevant geographic market where the refiner’s retail price is in effect.
History.—s. 4, ch. 85-74; s. 2, ch. 87-158; s. 2, ch. 91-247.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 526 - Sale of Liquid Fuels; Brake Fluid
Part I - Sale of Liquid Fuels (Ss. 526.01-526.313)
526.015 - Lubricating oil standards and labeling requirements.
526.02 - Proper trade name or mark to appear upon container or distributing device.
526.03 - Imitating trade names or equipment under which liquid fuel is marketed; prohibition.
526.04 - Sale of liquid fuel under trademark of another; prohibition.
526.05 - Mixing, blending, or compounding liquid fuels of different manufacturers prohibited.
526.07 - Assisting another in illegal storage or other violation of chapter prohibited.
526.08 - Participation of director, officer, agent, employee, or member in violations.
526.09 - Department to enforce law; rules.
526.10 - Department of Legal Affairs and state attorneys to assist in enforcing law.
526.11 - Penalty for violations.
526.111 - Prohibited display of gasoline prices; penalty.
526.121 - Pricing restrictions; separation of gasolines.
526.131 - Injunction against violations.
526.141 - Self-service gasoline stations; attendants; regulations.
526.142 - Air and vacuum devices.
526.143 - Alternate generated power capacity for motor fuel dispensing facilities.
526.144 - Florida Disaster Motor Fuel Supplier Program.
526.302 - Legislative findings and intent.
526.304 - Predatory practices unlawful; exceptions.
526.305 - Discriminatory practices unlawful; exceptions.
526.306 - Discriminatory allocations unlawful.
526.307 - Unfair practices unlawful.
526.308 - Certain rebates unlawful.
526.311 - Enforcement; civil penalties; injunctive relief.