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Florida Statutes, Title XXXIII

Florida/Statutes

← All Florida coverage

Title XXXIII, Regulation of Trade, Commerce, Investments, and Solicitations

48 chapters · 1,668 sections in this title.

All chapters in Title XXXIII1,668 Ch 501, Consumer Protection163 Ch 497, Funeral, Cemetery, and Consumer Services131 Ch 559, Regulation of Trade, Commerce, and I…119 Ch 553, Building Construction Standards111 Ch 499, Florida Drug and Cosmetic Act82 Ch 520, Retail Installment Sales80 Ch 509, Lodging and Food Service Establishme…75 Ch 550, Pari-mutuel Wagering74 Ch 560, Money Services Businesses67 Ch 494, Loan Originators and Mortgage Brokers50 Ch 548, Pugilistic Exhibitions49 Ch 517, Securities Transactions45 Ch 500, Food Products39 Ch 526, Sale of Liquid Fuels; Brake Fluid39

1,668 sections·Filtered byTitle XXXIII✕

Fla. Stat. § 525.15 Inspectors not to be interested in sales
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It is unlawful for any inspector to be interested, directly or indirectly, in the manufacturing or sale of any petroleum fuel regulated by this chapter.History.—s. 15, ch. 7905, 1919; CGL 3971; s. 77, ch. 92-291.
Fla. Stat. § 525.16 Administrative fine; penalties; prosecution of cases by state attorney
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(1)(a) The department may enter an order imposing one or more of the following penalties against a person who violates this chapter or the rules adopted under this chapter or impedes, obstructs, or hinders the department in the performance of its duty in connection with this chap…
Fla. Stat. § 525.19 Petroleum registration
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(1) The department shall create an annual petroleum registration program for petroleum owners or operators and shall adopt rules detailing the requirements for such registration that include, at minimum:(a) The name of the petroleum owner or operator;(b) The address of the petrol…
Fla. Stat. § 526.01 Fraud and deception in sale of liquid fuel, lubricating oil, and greases; labeling; stop-sale order; penalty
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(1) No person shall store, sell, offer, or expose for sale any liquid fuels, lubricating oils, greases, or other similar products in any manner whatsoever which may deceive or tend to deceive, or which has the effect of deceiving, the purchaser of such products as to the nature, …

Showing 901–950 of 1,668

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Fla. Stat. § 526.015 Lubricating oil standards and labeling requirements

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(1) A person may not sell or distribute, or offer for sale or distribution, a lubricating oil that fails to meet a quality standard, such as those established by the Society of Automotive Engineers or other similar standard, or a labeling requirement designed to prevent deceptive…

Fla. Stat. § 526.02 Proper trade name or mark to appear upon container or distributing device

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No person shall keep, expose or offer for sale, or sell any liquid fuels, lubricating oils, greases or other similar products from any container, tank, pump, or other distributing device, other than those manufactured or distributed by the manufacturer or distributor indicated by…

Fla. Stat. § 526.03 Imitating trade names or equipment under which liquid fuel is marketed; prohibition

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It is unlawful for any person to disguise or camouflage his or her own equipment, by imitating the design, symbol, trade name, or the equipment under which recognized brands of liquid fuels, lubricating oils, and similar products, are generally marketed.History.—s. 3, ch. 16083, …

Fla. Stat. § 526.04 Sale of liquid fuel under trademark of another; prohibition

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No person shall expose or offer for sale or sell under any trademark, trade name, or name or other distinguishing mark, any liquid fuels, lubricating oils, greases, or other similar products, other than those manufactured or distributed by the manufacturer or distributor marketin…

Fla. Stat. § 526.05 Mixing, blending, or compounding liquid fuels of different manufacturers prohibited

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No person shall mix, blend or compound the liquid fuels, lubricating oils, greases or similar products of a manufacturer or distributor with the products of any other manufacturer or distributor, or adulterate the same, and expose, offer for sale, or sell such mixed, blended or c…

Fla. Stat. § 526.06 Mixing, blending, compounding, or adulteration of liquid fuels of same manufacturer prohibited

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A person may not mix, blend, compound, or adulterate the liquid fuel, lubricating oil, grease, or similar product of a manufacturer or distributor with a liquid fuel, lubricating oil, grease, or similar product of the same manufacturer or distributor of a character or nature diff…

Fla. Stat. § 526.07 Assisting another in illegal storage or other violation of chapter prohibited

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No person shall aid or assist any other person in violating any of the provisions of this chapter, by depositing or delivering into any tank, pump, receptacle, or other container, any liquid fuels, lubricating oils, greases or other like products, other than those intended to be …

Fla. Stat. § 526.08 Participation of director, officer, agent, employee, or member in violations

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If any firm, copartnership, association or corporation violates any of the provisions of this chapter, every director, officer, agent, employee or member participating in, aiding or authorizing the act or acts constituting a violation of this chapter shall be guilty of violating …

Fla. Stat. § 526.09 Department to enforce law; rules

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The Department of Agriculture and Consumer Services shall enforce the provisions of this chapter. The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.History.—s. 11, ch. 16083, 1933; CGL 1936 Supp. 7315(12)…

Fla. Stat. § 526.10 Department of Legal Affairs and state attorneys to assist in enforcing law

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The Department of Legal Affairs and each state attorney shall assist in the enforcement of the provisions of this chapter upon request of the Department of Agriculture and Consumer Services. The actual, reasonable, and necessary expenses of the Department of Legal Affairs and sta…

Fla. Stat. § 526.11 Penalty for violations

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Any person who shall violate any of the provisions of this chapter shall, for a first offense, be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and, for a second or subsequent offense, shall be guilty of a misdemeanor of the fir…

Fla. Stat. § 526.111 Prohibited display of gasoline prices; penalty

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(1) It is unlawful for any person, firm, or corporation to display, or allow to be displayed on his or her premises, any sign, placard, or other advertisement relating to the retail price of gasoline unless numerals thereon indicating fractions or portions of a whole number are a…

Fla. Stat. § 526.121 Pricing restrictions; separation of gasolines

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(1) The posting at retail service stations of a different price for the same grade of gasoline dispensed from one pump than from another pump supplied from a common storage at the same service station when represented to be and is sold as the same quality of gasoline is unlawful.…

Fla. Stat. § 526.131 Injunction against violations

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In addition to the remedies provided in this part, and notwithstanding the existence of any adequate remedy at law, the Department of Agriculture and Consumer Services is authorized to make application for injunction to a circuit court or circuit judge and such circuit court or c…

Fla. Stat. § 526.141 Self-service gasoline stations; attendants; regulations

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(1) This section authorizes the establishment of self-service gasoline stations.(2) A “self-service gasoline station” shall be that portion of property where flammable and combustible liquids used as motor fuels are stored and subsequently dispensed from fixed, approved dispensin…

Fla. Stat. § 526.142 Air and vacuum devices

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A retail outlet as defined in s. 526.303 is not required to provide air or vacuum supply without charge. A political subdivision of this state may not adopt any ordinance regarding the pricing of such commodities. All such ordinances, whether existing or proposed, are preempted a…

Fla. Stat. § 526.143 Alternate generated power capacity for motor fuel dispensing facilities

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(1) Each motor fuel terminal facility, as defined in s. 526.303(16), and each wholesaler, as defined in s. 526.303(17), which sells motor fuel in this state must be capable of operating its distribution loading racks using an alternate generated power source for a minimum of 72 h…

Fla. Stat. § 526.144 Florida Disaster Motor Fuel Supplier Program

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(1)(a) There is created the Florida Disaster Motor Fuel Supplier Program within the Division of Emergency Management.(b) Participation in the program shall be at the option of each county governing body. In counties choosing to participate in the program, the local emergency mana…

Fla. Stat. § 526.147 Florida Retail Fuel Transfer Switch Modernization Grant Program

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(1)(a) There is created, subject to appropriation, the Florida Retail Fuel Transfer Switch Modernization Grant Program within the Department of Agriculture and Consumer Services.(b) The grant program shall provide grant funds, not to exceed $10,000 per retail fuel facility, to be…

Fla. Stat. § 526.301 Short title

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This act may be cited as the “Motor Fuel Marketing Practices Act.”History.—s. 1, ch. 85-74.

Fla. Stat. § 526.302 Legislative findings and intent

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The Legislature finds that fair and healthy competition in the marketing of motor fuel provides maximum benefits to consumers in this state, and that certain marketing practices which impair such competition are contrary to the public interest. Predatory practices and, under cert…

Fla. Stat. § 526.303 Definitions

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As used in this act:(1) “Affiliate” means any person whose stock is more than 50 percent owned by, or who, regardless of stock ownership, is controlled by, or who, regardless of stock ownership, is under common control with, any refiner.(2) “Competition” means the vying for motor…

Fla. Stat. § 526.304 Predatory practices unlawful; exceptions

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(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 …

Fla. Stat. § 526.305 Discriminatory practices unlawful; exceptions

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(1) It is unlawful for any person engaged in commerce in this state:(a) To sell for resale any grade of motor fuel at a price lower than the price at which the seller contemporaneously sells motor fuel of like grade and quality to another person on the same level of distribution,…

Fla. Stat. § 526.306 Discriminatory allocations unlawful

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(1) It is unlawful for a supplier engaged in commerce in this state to limit or allocate the quantity of motor fuel available to a reseller purchasing under contract from such supplier because such reseller was prevented by such supplier from purchasing the minimum quantities suc…

Fla. Stat. § 526.307 Unfair practices unlawful

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(1) It shall be unlawful for a refiner or other supplier to fix or maintain the retail price of motor fuel at a retail outlet supplied by that refiner or supplier. Nothing herein shall be construed to prevent a refiner or supplier from counseling concerning retail prices, provide…

Fla. Stat. § 526.308 Certain rebates unlawful

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It is unlawful for any seller to offer or give a rebate, rent subsidy, or concession of any kind in connection, either directly or indirectly, with the sale of motor fuel for resale to a person when the seller does not provide, on proportionately equal terms, the same rebate, ren…

Fla. Stat. § 526.309 Exempt sales

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The provisions of this act shall not apply to the following retail sales by a refiner:(1) A bona fide clearance sale for the purpose of discontinuing trade in such motor fuel.(2) A final business liquidation sale.(3) A sale of the refiner’s motor fuel by a fiduciary or other offi…

Fla. Stat. § 526.311 Enforcement; civil penalties; injunctive relief

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(1) A person who knowingly violates this act shall be subject to a civil penalty in the Class III category pursuant to s. 570.971 for each violation. Each day that a violation of this act occurs shall be considered a separate violation, but the civil penalty may not exceed $250,0…

Fla. Stat. § 526.312 Enforcement; private actions; injunctive relief

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(1) Any person injured as a result of an act or practice which violates this act may bring a civil action for appropriate relief, including an action for a declaratory judgment, injunctive relief, and actual damages.(2) On the application for a temporary restraining order or a pr…

Fla. Stat. § 526.313 Limitations period for actions

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Any action brought by the department shall be brought within 2 years after the alleged violation occurred or should reasonably have been discovered. Any action brought by any other person shall be brought within 1 year after the alleged violation occurred or should reasonably hav…

Fla. Stat. § 526.50 Definition of terms

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As used in this part:(1) “Brake fluid” means the fluid intended for use as the liquid medium through which force is transmitted in the hydraulic brake system of a vehicle operated upon the highways.(2) “Department” means the Department of Agriculture and Consumer Services.(3) “Se…

Fla. Stat. § 526.51 Registration; renewal and fees; departmental expenses; cancellation or refusal to issue or renew

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(1)(a) Application for registration of each brand of brake fluid shall be made on forms supplied by the department. The applicant shall give his or her name and address and the brand name of the brake fluid, state that he or she owns the brand name and has complete control over t…

Fla. Stat. § 526.52 Specifications; adulteration and misbranding

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(1) The department shall establish specifications for brake fluid which shall promote the public safety in the operation of automotive vehicles and may amend such specifications by regulation, but in no event shall the specifications for brake fluid fall below the minimum specifi…

Fla. Stat. § 526.53 Enforcement; inspection and analysis, stop-sale and disposition, regulations

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(1) The department shall enforce this part through the department, and may sample, inspect, analyze, and test any brake fluid manufactured, packed, or sold within this state. Collected samples must be analyzed by the department. The certificate of analysis by the department shall…

Fla. Stat. § 526.54 Certified copy of analysis as evidence

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A certified copy of the analysis made by the department shall be admitted as prima facie evidence in any court proceeding involving the inspection, analysis, standards or specifications of brake fluid as defined and covered by this part.History.—s. 1, ch. 61-390.

Fla. Stat. § 526.55 Violation and penalties

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(1) It is unlawful:(a) To sell any brake fluid that is adulterated or misbranded, not registered, or on which a permit has not been issued.(b) For anyone to remove any stop-sale order placed on a product by the department, or any product upon which a stop-sale order has been plac…

Fla. Stat. § 526.56 Injunction against violations

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In addition to the remedies provided in this law, and notwithstanding the existence of any adequate remedy at law, the department is hereby authorized to make application for injunction to a circuit court or circuit judge and such circuit court or circuit judge shall have jurisdi…

Fla. Stat. § 527.01 Definitions

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As used in this chapter:(1) “Liquefied petroleum gas” means any material which is composed predominantly of any of the following hydrocarbons, or mixtures of the same: propane, propylene, butanes (normal butane or isobutane), and butylenes.(2) “Person” means any individual, firm,…

Fla. Stat. § 527.02 License; penalty; fees

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(1) It is unlawful for any person to engage in this state in the activities defined in s. 527.01(6)-(11) without first obtaining from the department a license to engage in one or more of these businesses. The sale of liquefied petroleum gas cylinders with a volume of 10 pounds wa…

Fla. Stat. § 527.0201 Qualifiers; master qualifiers; examinations

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(1) In addition to the requirements of s. 527.02, a person applying for a license to engage in category I, category II, or category V activities must prove competency by passing a written examination administered by the department or its agent with a grade of 70 percent or above …

Fla. Stat. § 527.021 Registration of transport vehicles

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(1) Each liquefied petroleum gas bulk delivery vehicle owned or leased by a liquefied petroleum gas licensee must be registered with the department as part of the licensing application or when placed into service.(2) For the purposes of this section, a “liquefied petroleum gas bu…

Fla. Stat. § 527.03 Renewal of license

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All licenses required under this chapter shall be renewed annually, biennially, or triennially, as elected by the licensee, subject to the license fees prescribed in s. 527.02. All renewals must meet the same requirements and conditions as an annual license for each licensed year…

Fla. Stat. § 527.04 Proof of insurance required

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(1) Before any license is issued, except to a category IV dealer in appliances and equipment or a category III liquefied petroleum gas cylinder exchange operator, the applicant must deliver to the department satisfactory evidence that the applicant is covered by a primary policy …

Fla. Stat. § 527.055 General powers and duties

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(1) The department is empowered to enforce all provisions of this chapter and rules promulgated pursuant to this chapter relating to:(a) The safe handling, installing, storing, selling, utilizing, transporting, servicing, testing, repairing, or maintaining of liquefied petroleum …

Fla. Stat. § 527.06 Rules

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(1) The department may adopt rules necessary to effectuate any of the statutory duties of the department in the interest of public health, safety, and welfare and to promote the safe handling of liquefied petroleum gas and proper installation, storing, selling, utilizing, transpo…