Florida/Georgia Personal Injury & Workers Compensation

...ury to "competition" within the meaning of this subsection, arguing that our legislature intended to enforce the prohibition against below-cost motor fuel pricing only when it affects "competition as a whole." However, "competition" is defined in subsection 526.303(2), Florida Statutes (1995), as "the vying for motor fuel sales between any two sellers in the same relevant geographic market." As a result, the trial court correctly determined that proof of injury to Delco alone constituted injury to "competition" within the meaning of subsection 526.304(1)(b), since the definition of "competition" specifically pertains to sales between "any two sellers." § 526.303(2), Fla....

...omponent of labor costs is widely understood. [9] Thus, as the County points out, in another context the legislature has defined the term "direct labor cost" to mean, in part, an amount not less than "the cost of one employee's salary and benefits." § 526.303(4), Fla....

...the peninsular region of Daytona Beach only, as Plaintiff contends, or if it includes both the peninsula and mainland portion as Defendant contends. The FMFMPA defines relevant geographic market as “the geographic area of effective competition.” § 526.303(12) Fla. Stat. Further, “‘Competition’ means the vying for motor fuel sales between any two sellers in the same relevant geographic market.” § 526.303(2) Fla....

...An isolated, inadvertent incident shall not be a violation of this act. (3) A sale made in good faith to meet an equally low price of a competitor selling motor fuel of like grade which can be used in the same motor vehicle is not a violation of this section, (emphasis added) Section 526.303(10), Florida Statutes provides a definition for “sale” “Sale” or “sell” means any transfer, gift, sale, offer for sale, or advertisement for sale in any manner or by any means whatsoever, including any transfer of motor fu...

...at the pump. Similarly, applying the common meaning of the words, a sale to a middleman for the posted terminal price is not on the same “level of distribution” or in the same “class of trade” as a sale to a retail customer. We note that the section 526.303(10) of the Act recognizes a company transfer to “itself” at another level of distribution as a “sale.” We find no support in the record to conclude that the structural arrangements between Phillips and its company stores and t...

...outlet below nonrefiner cost, where the effect is to injure competition.” § 526.304(1)(b), Fla. Stat. (2019). A “retail outlet” is “a facility, including land and improvements, where motor fuel is offered for sale, at retail, to the motoring public.” § 526.303(14), Fla....

...The only issue on appeal is whether BJ’s is a “retail outlet” under the MFMPA. Under the MFMPA, a retail outlet is “a facility, including land and improvements, where motor fuel is offered for sale, at retail, to the motoring public.” § 526.303(14), Fla....

...Based upon plain ordinary meaning analysis, the term “motoring public” refers to the population of drivers as a whole, rather than any individual driver. Under the MFMPA, a “retail outlet” sells motor fuel to the “motoring public.” § 526.303(14), Fla. Stat. (2019). BJ’s only sells fuel to its members, who are members of the “motoring public” but are not the “motoring public.” Thus, BJ’s is not a “retail outlet” as defined in section 526.303(14)....

...Although the legislative history itself provides no definitive answer as to legislative intent, it provides some insight, and canons of construction support our conclusion. The original statute was passed in 1985. In 2000, bills were introduced in both the House and the Senate that would have amended the definition in section 526.303(14) of “retail outlet” to include “any facility which sells only to members.” 2000 Fla....

...4th DCA 1998) (“The courts may properly take notice of changes made to a bill during the process of enactment.”). 6  However, in 2023, a bill was introduced in the House that would have changed the definition of “retail outlet” under section 526.303(14) to mean “a facility, including land and improvements, where motor fuel is offered for sale, at retail, to any member of the motoring public.” 2023 Fla....

...y providing that a “retail outlet” is “a facility . . . where motor fuel is offered for sale . . .” and defining “motor fuel” as “any petroleum product, including any special fuel, which is used for the propulsion of motor vehicles.” § 526.303(5), (14), Fla....

...“motoring public,” BJ’s at least advertises the sale of motor fuel to the “motoring public.” Under the MFMPA, a “retail outlet” is “a facility, including land and improvements, where motor fuel is offered for sale, at retail, to the motoring public.” § 526.303(14), Fla. Stat. (2019). “Sale” or “sell” means “any transfer, gift, sale, offer for sale, or advertisement for sale in any manner or by any means whatsoever . . . .” § 526.303(15), Fla. Stat....