(1) Any natural person who violates any of the provisions of s. 542.18 or s. 542.19 shall be subject to a civil penalty of not more than $100,000. Any other person who violates any of the provisions of s. 542.18 or s. 542.19 shall be subject to a civil penalty of not more than $1 million.
(2) Any person who knowingly violates any of the provisions of s. 542.18 or s. 542.19, or who knowingly aids in or advises such violation, is guilty of a felony, punishable by a fine not exceeding $1 million if a corporation, or, if any other person, $100,000 or imprisonment not exceeding 3 years, or by both said punishments.
(3) The commencement of trial seeking civil penalties in any action under this section shall bar any subsequent criminal prosecution against the same person for violation of s. 542.18 or s. 542.19, based upon the same acts. The commencement of trial in a criminal prosecution for violation of s. 542.18 or s. 542.19 shall bar any subsequent action against the same person for recovery of civil penalties under this section based upon the same acts, but shall not bar a subsequent suit for damages or injunctive relief under ss. 542.22 and 542.23.
(4) No action under this section or s. 542.23 shall be commenced by the Attorney General against any person who, at the time, is a defendant in a suit filed by the United States for violation or alleged violation of the federal antitrust laws involving substantially the same subject matter and seeking substantially the same relief.
History.—s. 1, ch. 80-28.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 542 - Combinations Restricting Trade or Commerce
542.18 - Restraint of Trade or Commerce.
542.19 - Monopolization; Attempts, Combinations, or Conspiracies to Monopolize.
542.21 - Penalties for Violation.
542.24 - Consent Decrees and Settlement Agreements.
542.25 - Judgment in Favor of State as Prima Facie Evidence.
542.26 - Limitation of Actions.
542.27 - Enforcement Authority.
542.28 - Civil Investigative Demand.
542.29 - Duty of Public Officers.
542.30 - Jurisdiction and Venue.
542.31 - Action Not Barred as Affecting or Involving Interstate or Foreign Commerce.
542.32 - Rule of Construction and Coverage.
542.33 - Contracts in Restraint of Trade Valid.
542.331 - Applicability of S. 542.33.
542.335 - Valid Restraints of Trade or Commerce.
542.336 - Invalid Restrictive Covenants.