The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 542
COMBINATIONS RESTRICTING TRADE OR COMMERCE

View Entire Chapter

F.S. 542.21

542.21 Penalties for violation.—

(1) Any natural person who violates any of the provisions of s. 542.18 or s. 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 s. 542.18 or s. 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 s. 542.18 or s. 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 s. 542.18 or s. 542.19, based upon the same acts. The commencement of trial in a criminal prosecution for violation of s. 542.18 or s. 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 ss. 542.22 and 542.23.

(4) No action under this section or s. 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.

History.—s. 1, ch. 80-28.

F.S. 542.21 on Google Scholar

F.S. 542.21 on Casetext

Amendments to 542.21

Arrestable Offenses / Crimes under Fla. Stat. 542.21

Level: Degree
Misdemeanor/Felony: First/Second/Third

S542.21 2 - ANTITRUST - AID ADVISE RESTRAINT MONOPOLY TRADE COMMERCE - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

COLORADO RIVER INDIAN TRIBES, A v. NATIONAL INDIAN GAMING COMMISSION,, 466 F.3d 134 (D.D.C. 2006)

. . . . § 542.21, .31, .41. . . . . § 542.21(g)(1), the timing of the removal of the coin drop, id. § 542.21(g)(2), the tagging and transportation . . . of the coin drop, id. § 542.21(g)(4), the manner in which the coin drop must be housed while in the . . . machine, id. § 542.21(g)(5), and the purposes for which a coin drop may be used, id. § 542.21(g)(6). . . .

COLORADO RIVER INDIAN TRIBES, v. NATIONAL INDIAN GAMING COMMISSION,, 383 F. Supp. 2d 123 (D.D.C. 2005)

. . . . §§ 542.21, 542.31, 542.41. . . . . § 542.21(g)(1), the kind of employees who must be involved in the removal of the coin drop, e.g., id . . . . § 542.21(g)(1), (g)(3), the timing of the removal of the coin drop, e.g., id. § 542.21(g)(2), the tagging . . . be housed while in the machine, e.g., id. § 542.21(g)(5), and the purposes to which a coin drop may . . . be put, e.g., id. § 542.21(g)(6). . . .

HEWITT CONTRACTING CO. INC. v. DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, 20 Fla. Supp. 2d 265 (Fla. Div. Admin. Hearings 1986)

. . . General under grant of immunity from criminal prosecution and from any civil penalty as provided in § 542.21 . . . which he is entitled by law may not be subject to a criminal proceeding or to the civil penalty of § 542.21 . . .

STATE v. STABILE, 443 So. 2d 398 (Fla. Dist. Ct. App. 1984)

. . . civil penalties shall bar a subsequent criminal prosecution for the same acts and vice-ver-sa, section 542.21 . . . permission to proceed; and that, regardless of the res judicata effects of the prior dismissal, section 542.21 . . . See § 542.21(3). . . . Finally, the appellees claim that section 542.21(3)’s prohibition on criminal prosecutions after the . . . Sections 542.21(4), 542.26, and 542.29 refer to an action being “commenced.” . . .

H. HEWITT, v. STATE, 435 So. 2d 874 (Fla. Dist. Ct. App. 1983)

. . . which he is entitled by law may not be subject to a criminal proceeding or to the civil penalty of s. 542.21 . . .

In CHICKEN ANTITRUST LITIGATION AMERICAN POULTRY,, 669 F.2d 228 (5th Cir. 1982)

. . . . §§ 542.21-542.27 (1980). . . . .

In WPAS, INC., 6 B.R. 44 (Bankr. M.D. Fla. 1980)

. . . generated in June-$2,698.21 out of which $1,000 appear to be collectable; accounts generated in May-$542.21 . . .

v., 84 Cust. Ct. 132 (Cust. Ct. 1980)

. . . 545.27 in the 1960 Tariff Commission report: The proposed provisions for “other” containers (TSUS items 542.21 . . .

In E. CLARK, CENTURY BANK OF PINELLAS COUNTY, a v. E. CLARK,, 1 B.R. 614 (Bankr. M.D. Fla. 1979)

. . . evidentiary hearing the bankrupt testified that of the $757,-742.17 in debts listed in the schedules, $449,-542.21 . . .

WALDHEIM REALTY AND INVESTMENT COMPANY, v. COMMISSIONER OF INTERNAL REVENUE,, 245 F.2d 823 (8th Cir. 1957)

. . . to the 1950-1952 pro-ration, the insurance deduction for the 1950-1952 period would aggregate $29,-542.21 . . .

THE PRESIDENT MADISON. AMERICAN MAIL LINE, v. SKAGIT RIVER NAVIGATION TRADING CO., 91 F.2d 835 (9th Cir. 1937)

. . . .: For expenses and costs of court at Antigua, $542.21. . . .

OFNER v. WEIGEL, 199 F. 720 (9th Cir. 1912)

. . . Weigel.................................................. 25.00 $542.21 “3. . . .