1 | A bill to be entitled |
2 | An act relating to prohibited display of gasoline prices; |
3 | amending s. 526.111, F.S.; prohibiting the display of |
4 | gasoline prices when the advertised product is not on hand |
5 | and readily available for sale; providing a penalty; |
6 | amending s. 526.302, F.S.; providing legislative intent |
7 | and findings relating to the display of a motor fuel |
8 | product for sale when the advertised product is not on |
9 | hand and readily available for sale; amending s. 526.307, |
10 | F.S.; providing that it is unlawful to display or allow to |
11 | be displayed any advertised price of gasoline when the |
12 | advertised product is not on hand and readily available |
13 | for sale, for which there are penalties; providing an |
14 | effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Subsection (2) of section 526.111, Florida |
19 | Statutes, is renumbered as subsection (3), and a new subsection |
20 | (2) is added to that section, to read: |
21 | 526.111 Prohibited display of gasoline prices; penalty.-- |
22 | (2) It is unlawful for any person, firm, or corporation to |
23 | display, or allow to be displayed on his or her premises, any |
24 | sign, placard, or other advertisement relating to the retail |
25 | price of gasoline unless the grades of gasoline advertised are |
26 | on hand and readily available for sale. Advertisement of a grade |
27 | of gasoline for sale when it is not available for sale is |
28 | misleading to the public , impairs competition, and is contrary |
29 | to the public interest. Such practice is a deceptive and unfair |
30 | trade practice that affects not only gasoline competition but |
31 | the safety of the driving public. Such advertisement is |
32 | especially damaging during emergency situations such as |
33 | hurricanes or other acts of God. |
34 | (3)(2) Violation of the provisions of this section shall |
35 | constitute a misdemeanor of the second degree, punishable as |
36 | provided in s. 775.082 or s. 775.083. |
37 | Section 2. Section 526.302, Florida Statutes, is amended |
38 | to read: |
39 | 526.302 Legislative findings and intent.--The Legislature |
40 | finds that fair and healthy competition in the marketing of |
41 | motor fuel provides maximum benefits to consumers in this state, |
42 | and that certain marketing practices that which impair such |
43 | competition are contrary to the public interest. Predatory |
44 | practices and, under certain conditions, discriminatory |
45 | practices, are unfair trade practices and restraints that which |
46 | adversely affect motor fuel competition. The Legislature also |
47 | finds that the advertising by retail motor fuel outlets of a |
48 | motor fuel product for sale when it is not available for sale is |
49 | misleading to the public, impairs competition, and is contrary |
50 | to the public interest. Such practice is a deceptive and unfair |
51 | trade practice that affects not only motor fuel competition but |
52 | the safety of the driving public. Such advertisement is |
53 | especially damaging during emergency situations such as |
54 | hurricanes or other acts of God. It is the intent of the |
55 | Legislature to encourage competition and promote the general |
56 | welfare of citizens of this state by prohibiting such unfair |
57 | practices. |
58 | Section 3. Subsection (3) is added to section 526.307, |
59 | Florida Statutes, to read: |
60 | 526.307 Unfair practices unlawful.-- |
61 | (3) It is unlawful for any person, firm, or corporation to |
62 | display, or allow to be displayed on his or her premises, any |
63 | sign, placard, or other advertisement relating to the retail |
64 | price of gasoline unless the grades of gasoline advertised are |
65 | on hand and readily available for sale. Advertisement of a |
66 | product for sale when it is not available is misleading to the |
67 | public and is a deceptive and unfair trade practice. Such |
68 | advertisement is especially damaging during emergency situations |
69 | such as hurricanes or other acts of God. |
70 | Section 4. This act shall take effect July 1, 2007. |