Chapter 542 — Chapter 542
26 sections in this chapter.
Fla. Stat. § 542.15 Short title
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This act shall be known and may be cited as the “Florida Antitrust Act of 1980.”
Fla. Stat. § 542.16 Purpose
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The Legislature declares it to be the purpose of this act to complement the body of federal law prohibiting restraints of trade or commerce in order to foster effective competition. It is the intent of the Legislature that this act be liberally construed to accomplish its benefic…
Fla. Stat. § 542.17 Definitions
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Unless a different meaning is clearly indicated by the context, for the purposes of this chapter, the terms defined in this section have the following meanings ascribed to them:(1) “Commodity” means any goods, merchandise, wares, produce, chose in action, land, article of commerc…
Fla. Stat. § 542.18 Restraint of trade or commerce
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Every contract, combination, or conspiracy in restraint of trade or commerce in this state is unlawful.
Fla. Stat. § 542.19 Monopolization; attempts, combinations, or conspiracies to monopolize
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It is unlawful for any person to monopolize, attempt to monopolize, or combine or conspire with any other person or persons to monopolize any part of trade or commerce in this state.
Fla. Stat. § 542.20 Exemptions
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Any activity or conduct exempt under Florida statutory or common law or exempt from the provisions of the antitrust laws of the United States is exempt from the provisions of this chapter.
Fla. Stat. § 542.21 Penalties for violation
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(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…
Fla. Stat. § 542.22 Suits for damages
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(1) Any person who shall be injured in her or his business or property by reason of any violation of s. 542.18 or s. 542.19 may sue therefor in the circuit courts of this state and shall recover threefold the damages by her or him sustained, and the cost of suit, including a reas…
Fla. Stat. § 542.23 Equitable remedies
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In addition to other remedies provided by this chapter, any person shall be entitled to sue for and have injunctive or other equitable relief in the circuit courts of this state against threatened loss or damage by a violation of this chapter. In any action under this section in …
Fla. Stat. § 542.235 Limitations of actions and penalties against local governments and their officials and employees
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(1) No criminal action shall be brought pursuant to s. 542.21(2) against any local government.(2) No civil penalties, damages, interest on damages, costs, or attorneys’ fees shall be recovered under s. 542.21(1) or s. 542.22 from any local government.(3) No injunctive or other eq…
Fla. Stat. § 542.24 Consent decrees and settlement agreements
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In a civil action maintained under this chapter by the Attorney General or a state attorney, any party to such action may petition the court for entry of a consent decree or for approval of a settlement agreement. The proposed decree or agreement shall set out the alleged violati…
Fla. Stat. § 542.25 Judgment in favor of state as prima facie evidence
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A final judgment or decree entered in any civil or criminal proceeding brought by the Attorney General or a state attorney under s. 542.21 or s. 542.23 to the effect that a defendant has violated s. 542.18 or s. 542.19, or entered in any civil or criminal proceeding brought by th…
Fla. Stat. § 542.26 Limitation of actions
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(1) Any action brought under s. 542.21 or s. 542.22 must be commenced within 4 years after the cause of action accrues.(2) Whenever any civil or criminal proceeding is instituted by the Attorney General or a state attorney to prevent, restrain, or punish any violation of this cha…
Fla. Stat. § 542.27 Enforcement authority
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(1) The Attorney General, or a state attorney with written permission from the Attorney General, acting jointly or independently, may commence and try all criminal prosecutions under this chapter. Criminal prosecutions under this chapter shall be commenced by indictment. With res…
Fla. Stat. § 542.28 Civil investigative demand
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(1) Whenever the Attorney General, or a state attorney with appropriate jurisdiction and with the written consent of the Attorney General, has reason to believe that any person may be in possession, custody, or control of any documentary material, or may have any information, whi…
Fla. Stat. § 542.29 Duty of public officers
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In any investigation and in any criminal or civil action commenced pursuant to this chapter, it shall be the duty of all public officers and their deputies, assistants, clerks, subordinates, or employees to render and furnish to the Attorney General or a state attorney, when so r…
Fla. Stat. § 542.30 Jurisdiction and venue
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Without regard to the amount in controversy, a suit or proceeding brought under this chapter shall be brought in the circuit court in and for any county in which the cause of action arose; in which any defendant resides, is found, or has an agent; or in which any act in furtheran…
Fla. Stat. § 542.31 Action not barred as affecting or involving interstate or foreign commerce
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No action under this chapter shall be barred on the grounds that the activity or conduct complained of in any way affects or involves interstate or foreign commerce. It is the intent of the Legislature to exercise its powers to the fullest extent consistent with the Constitutions…
Fla. Stat. § 542.32 Rule of construction and coverage
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It is the intent of the Legislature that, in construing this chapter, due consideration and great weight be given to the interpretations of the federal courts relating to comparable federal antitrust statutes. In particular, the failure to include in this chapter the substantive …
Fla. Stat. § 542.33 Contracts in restraint of trade valid
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(1) Notwithstanding other provisions of this chapter to the contrary, each contract by which any person is restrained from exercising a lawful profession, trade, or business of any kind, as provided by subsections (2) and (3) hereof, is to that extent valid, and all other contrac…
Fla. Stat. § 542.331 Applicability of s. 542.33
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Section 542.33 is hereby repealed with respect to restrictive covenants entered into or having an effective date on or after July 1, 1996. Section 542.33 shall continue to govern enforcement of restrictive covenants entered into before July 1, 1996.
Fla. Stat. § 542.335 Valid restraints of trade or commerce
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(1) Notwithstanding s. 542.18 and subsection (2), enforcement of contracts that restrict or prohibit competition during or after the term of restrictive covenants, so long as such contracts are reasonable in time, area, and line of business, is not prohibited. In any action conce…
Fla. Stat. § 542.336 Invalid restrictive covenants
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A restrictive covenant entered into with a physician who is licensed under chapter 458 or chapter 459 and who practices a medical specialty in a county wherein one entity employs or contracts with, either directly or through related or affiliated entities, all physicians who prac…
Fla. Stat. § 542.34 Discriminatory trade practices
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(1) It is an unlawful trust and an unlawful restraint of trade for any person who is chartered by, or authorized to do business in, this state to:(a) Grant or accept any letter of credit, or other document which evidences the transfer of funds or credit, or enter into any contrac…
Fla. Stat. § 542.35 Remedies cumulative
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The remedies provided by this act are cumulative of each other and of existing powers and remedies inherent in the courts.
Fla. Stat. § 542.36 Continuing violations
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Violations commenced prior to the effective date of this act and continuing after the effective date shall be actionable as provided in this chapter. The fact that any conduct occurred prior to the effective date of this act shall not affect its relevance in proving that a violat…