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.

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