Florida. Statutory Language

Florida Statute 11-43

FLORIDA STATUTE

COMBINATIONS RESTRICTING TRADE OR COMMERCE

FLA. STAT. §§ 542.15 to 542.36

§ 542.15. Short title

This act shall be known and may be cited as the “Florida Antitrust Act of 1980.”

§ 542.16. Purpose

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 beneficial purpose.

§ 542.17. Definitions

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 commerce, or other tangible or intangible property, real,

personal, or mixed, for use, consumption, production, enjoyment, or resale.

(2) “Service” means any kind of activity performed in whole or in part for

economic benefit.

(3) “Person” means any individual, corporation, firm, partnership, limited

partnership, incorporated or unincorporated association, professional association, or

other legal, commercial, or governmental entity, including the State of Florida, its

departments, agencies, political subdivisions, and units of government.

(4) “Trade or commerce” means any economic activity of any type

whatsoever involving any commodity or service whatsoever.

(5) “Document” means any stored or retained data or information in whatever

form.

(6) “Attorney General” includes not only the Attorney General of Florida but

also any designee of the Attorney General or any assistant attorney general or special

assistant attorney general.

(7) “State attorney” includes not only the state attorneys of Florida but also

any designee of a state attorney or any assistant state attorney or special assistant

state attorney.

(8) “Local government” means a municipality, county, school district, or any

other general-function or special-function governmental unit established by the laws

of the state.

Florida Statute 11-44

§ 542.18. Restraint of trade or commerce

Every contract, combination, or conspiracy in restraint of trade or commerce in

this state is unlawful.

§ 542.19. Monopolization; attempts, combinations, or conspiracies to

monopolize

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.

§ 542.20. Exemptions

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.

§ 542.21. Penalties for violation

(1) Any natural person who violates any of the provisions of § 542.18 or

§ 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 § 542.18 or § 542.19 shall be subject to

a civil penalty of not more than $1 million.

(2) Any person who knowingly violates any of the provisions of § 542.18 or

§ 542.19, or who knowingly aids in or advises such violation, is guilty of a felony,

punishable by a fine not exceeding $1 million if a corporation, or, if any other

person, $100,000 or imprisonment not exceeding 3 years, or by both said

punishments.

(3) The commencement of trial seeking civil penalties in any action under this

section shall bar any subsequent criminal prosecution against the same person for

violation of § 542.18 or § 542.19, based upon the same acts. The commencement of

trial in a criminal prosecution for violation of § 542.18 or § 542.19 shall bar any

subsequent action against the same person for recovery of civil penalties under this

section based upon the same acts, but shall not bar a subsequent suit for damages or

injunctive relief under §§ 542.22 and 542.23.

(4) No action under this section or § 542.23 shall be commenced by the

Attorney General against any person who, at the time, is a defendant in a suit filed by

the United States for violation or alleged violation of the federal antitrust laws

involving substantially the same subject matter and seeking substantially the same

relief.

§ 542.22. Suits for damages

(1) Any person who shall be injured in her or his business or property by

reason of any violation of § 542.18 or § 542.19 may sue therefor in the circuit courts

Florida Statute 11-45

of this state and shall recover threefold the damages by her or him sustained, and the

cost of suit, including a reasonable attorney’s fee. The court shall award a reasonable

attorney’s fee to a defendant prevailing in any action under this chapter for damages

or equitable relief in which the court finds there was a complete absence of a

justiciable issue of either law or fact raised by the plaintiff.

(2) The Attorney General, or a state attorney after receiving written

permission from the Attorney General, may bring a civil action in the name of the

state, as parens patriae on behalf of natural persons residing in this state, to recover

on behalf of those persons threefold the actual damages sustained by reason of any

violation of § 542.18 or § 542.19, and the cost of such suit, including a reasonable

attorney’s fee. The court shall exclude from the amount of monetary relief awarded

in such action any amount of monetary relief which:

(a) Duplicates amounts which have been awarded for the same injury;

(b) Is properly allocable to natural persons who have excluded their

claims pursuant to paragraph (3)(b); or

(c) Is properly allocable to any business entity.

(3) In any action under subsection (2):

(a) The Attorney General or state attorney shall, at such time, in such

manner, and with such content as the court may direct, cause notice to be given to the

proposed class by publication. If the court finds that notice given solely by

publication would deny due process of law to any person or persons, the court shall

direct further notice to such person or persons according to the circumstances of the

case.

(b) Any person on whose behalf an action is brought under subsection

(2) may elect to exclude from adjudication the portion of the claim for monetary

relief attributable to her or him by filing notice of such election with the court within

such time as specified in the notice given pursuant to paragraph (a). The final

judgment in such action shall be res judicata as to any claim under this section by any

person on behalf of whom such action was brought and who fails to give such notice

within the period specified in the notice given pursuant to paragraph (a).

(c) No dismissal or compromise shall be entered without the approval

of the court, and notice, if any, of the proposed dismissal or compromise shall be

given in such manner as the court directs.

(d) Monetary relief shall be distributed in such manner as the court in

its discretion may authorize, subject to the requirement that any distribution

procedure adopted shall afford each person a reasonable opportunity to secure her or

his appropriate portion of the net monetary relief.

(e) In any action under subsection (2) in which there has been a

determination that a defendant agreed to fix prices in violation of § 542.18, damages

may be proved and assessed in the aggregate by statistical or sampling methods, by

the computation of illegal overcharges, or by such other reasonable system of

estimating aggregate damages as the court in its discretion may permit without the

necessity of separately proving the individual claims of, or amounts of damage to,

persons on whose behalf the suit was brought.