HB 1025

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


CODING: Words stricken are deletions; words underlined are additions.