| 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. |