The 2023 Florida Statutes (including Special Session C)

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

Chapter 542
COMBINATIONS RESTRICTING TRADE OR COMMERCE

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F.S. 542.22

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 s. 542.18 or s. 542.19 may sue therefor in the circuit courts 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 s. 542.18 or s. 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

(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 s. 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.

History.—s. 1, ch. 80-28; s. 753, ch. 97-103.

F.S. 542.22 on Google Scholar

F.S. 542.22 on Casetext

Amendments to 542.22

Arrestable Offenses / Crimes under Fla. Stat. 542.22

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 542.22.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BOSWELL, v. SHIRLEY S PERSONAL CARE SERVICES OF OKEECHOBEE, INC. a, 211 So. 3d 210 (Fla. Dist. Ct. App. 2017)

. . . They also requested fees based on section 542.22, Florida Statutes (2013). . . . The corporate defendant sought fees based only on section 542.22, Florida Statutes (2013). . . .

SHIRLEY S PERSONAL CARE SERVICES OF OKEECHOBEE, INC. a v. BOSWELL, a, 165 So. 3d 824 (Fla. Dist. Ct. App. 2015)

. . . The motion also sought fees based on section 542.22, Florida Statutes (2013), ■ a statute permitting . . . The corporate defendant’s motion was based entirely on section 542.22. . . . Instead, the corporate defendant asks us to rely on section 542.22 to affirm the award of fees, despite . . .

L. CONNER, v. BCC FINANCIAL MANAGEMENT SERVICES, INC., 597 F. Supp. 2d 1299 (S.D. Fla. 2008)

. . . . § 542.22). . . .

CALIFORNIA, v. INFINEON TECHNOLOGIES AG,, 531 F. Supp. 2d 1124 (N.D. Cal. 2007)

. . . . §§ 542.18 and 542.22; see also FAC at ¶¶ 134-39. . . .

HUMANE SOCIETY OF BROWARD COUNTY, INC. v. FLORIDA HUMANE SOCIETY,, 951 So. 2d 966 (Fla. Dist. Ct. App. 2007)

. . . Broward Humane points to Florida’s Anti-Trust Act section 542.22(1), Florida Statutes (2003), to support . . . Section 542.22(1), of the F.A.A. reads Any person who shall be injured in her or his business or property . . . Section 542.22(1) contains explicit legislative direction as to when a prevailing defendant is to be . . .

JES PROPERTIES, INC. d b a a W. v. USA EQUESTRIAN, INC., 432 F. Supp. 2d 1283 (M.D. Fla. 2006)

. . . . § 542.22 provides that a defendant in an action under the Florida Antitrust Act can recover its attorneys . . . Stat. § 542.22 states in relevant part: (1) . ... . . . Stat. § 542.22, “Florida courts have consistently held that in order for an action to be devoid of merit . . . Stat. § 542.22). . . .

UNITED STATES v. WILLIAMS,, 274 F.3d 1079 (6th Cir. 2001)

. . . This would mean that, at $450 per pound, Carboni could purchase 542.22 pounds. . . .

H. HAGER, M. D. v. VENICE HOSPITAL, INC. P. A. J. M., 944 F. Supp. 1530 (M.D. Fla. 1996)

. . . and monopoly by Venice, Englewood, RAVE, Savoca, and Vihlen pursuant to sections 542.18, 542.19, and 542.22 . . .

OASIS PUBLISHING COMPANY, INC. v. WEST PUBLISHING COMPANY,, 924 F. Supp. 918 (D. Minn. 1996)

. . . Florida Statute § 542.19; in Count TV that West attempts to create a monopoly under Florida Statute § 542.22 . . .

PARTS DEPOT COMPANY, L. P. By PARTS DEPOT COMPANY, INC. v. FLORIDA AUTO SUPPLY, INC. d b a J. C., 669 So. 2d 321 (Fla. Dist. Ct. App. 1996)

. . . returned a verdict for Florida Auto Supply for $28,000, which the trial court trebled pursuant to section 542.22 . . .

DAVIS, v. SOUTHERN BELL TELEPHONE TELEGRAPH COMPANY, a, 149 F.R.D. 666 (S.D. Fla. 1993)

. . . . § 542.22. . . . Fla.Stat.Ann. § 542.22(2) provides that: The Attorney General, or state attorney after receiving written . . .

ACCENT HOMES, INC. a v. NARCO REALTY, INC. a a R., 566 So. 2d 5 (Fla. Dist. Ct. App. 1990)

. . . trial court’s dismissal of count five for unreasonable restraint of trade under Sections 542.18 and 542.22 . . .

FINA OIL AND CHEMICAL CO. a v. L. D. BOYETTE, A. D. Jr. B M, 530 So. 2d 1037 (Fla. Dist. Ct. App. 1988)

. . . favor of B & M, assessing damages in the amount of $1,500,000 against Fina, which pursuant to Section 542.22 . . .

M. REITZ, v. CANON U. S. A. INC. X., 695 F. Supp. 552 (S.D. Fla. 1988)

. . . . § 542.22(1). . . .

NORTON TIRE CO. INC. a v. TIRE KINGDOM CO. INC. a Jr., 116 F.R.D. 236 (S.D. Fla. 1987)

. . . was that plaintiff’s counsel had violated Rule 11 of the Federal Rules of Civil Procedure and Section 542.22 . . . The Reason for Safeguards Rule 11 and Florida Statute § 542.22(1) were implemented to prevent the filing . . . Section 542.22(1) Although the parties have performed exhaustive research, they have produced no case . . . on point with respect to sanctions under Florida Statute § 542.22(1). . . . Under the facts of this case, I believe that the Rule 11 standard is the same as for § 542.22(1). . . .

SEBRING UTILITIES COMMISSION, v. HOME SAVINGS ASSOCIATION OF FLORIDA, a a, 508 So. 2d 26 (Fla. Dist. Ct. App. 1987)

. . . Hence, the court awarded treble damages as provided in section 542.22(1), Florida Statutes (1983), resulting . . .

F. LAWLER, M. D. F. M. D. P. A. v. EUGENE WUESTHOFF MEMORIAL HOSPITAL ASSOCIATION,, 497 So. 2d 1261 (Fla. Dist. Ct. App. 1986)

. . . . §§ 542.18 & 542.22, Fla.Stat. (1981). . §§ 542.19 & 542.22, Fla.Stat. (1981). . 42 U.S.C. § 1983. . . . .

NORTON TIRE CO. INC. a v. TIRE KINGDOM CO. INC. a Jr., 108 F.R.D. 371 (S.D. Fla. 1985)

. . . Second, defendants request attorney’s fees pursuant to section 542.22(1) of the Florida Statutes which . . . SECTION 542.22(1) Count II of plaintiffs’ complaint was based on Section 2 of the Sherman Act while count . . . Section 542.22(1) specifically provides that in this type of action, the plaintiff is entitled to threefold . . . Fla.Stat.Ann. § 542.22(1) (West.Supp.1985). . . . While Rule 11 provides for extremely broad discretion by the court in fashioning a remedy, section 542.22 . . .

F. MILLER, v. COMMISSIONER OF INTERNAL REVENUE,, 733 F.2d 399 (6th Cir. 1984)

. . . . § 165(c)(3), taxpayer claimed a $542.22 casualty loss deduction on his 1976 return. . . .

STATE OF TEXAS, v. SCOTT FETZER COMPANY, 709 F.2d 1024 (5th Cir. 1983)

. . . . § 542.22; Haw.Rev.Stat. § 480-14; Mass. . . .