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. 542.27

542.27 Enforcement authority.—

(1) The Attorney General, or a state attorney with written permission from the Attorney General, acting jointly or independently, may commence and try all criminal prosecutions under this chapter. Criminal prosecutions under this chapter shall be commenced by indictment. With respect to commencement and trial of such prosecutions, the Attorney General or a state attorney shall have all the powers and duties vested by law with respect to criminal prosecutions generally. Incident to any investigation commenced under this chapter, the Attorney General may participate in and appear before a grand jury in assistance of any state attorney, irrespective of the provisions of chapter 905.

(2) The Attorney General is authorized to institute or intervene in civil proceedings seeking the full range of relief afforded by this chapter or by federal laws pertaining to antitrust or restraints of trade on behalf of the state, its departments, agencies, and units of government. In addition, the Attorney General, as chief state legal officer, may institute any action authorized under this chapter, federal laws pertaining to antitrust or restraints of trade, or similar laws of other states on behalf of natural persons in the state.

(3) Whenever the Attorney General, by her or his own inquiry or as a result of a complaint, suspects that a violation of this chapter or federal laws pertaining to restraints of trade is imminent, occurring, or has occurred, the Attorney General may investigate such suspected violation.

History.—s. 1, ch. 80-28; s. 755, ch. 97-103.

F.S. 542.27 on Google Scholar

F.S. 542.27 on Casetext

Amendments to 542.27

Arrestable Offenses / Crimes under Fla. Stat. 542.27

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 542.27.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MAJOR LEAGUE BASEBALL, H. LLC, v. CRIST,, 331 F.3d 1177 (11th Cir. 2003)

. . . . § 542.27(3), which requires that the Attorney General “suspect” that a violation has taken place before . . . documentary material or information is relevant to a civil antitrust investigation authorized by § 542.27 . . .

In LORAZEPAM CLORAZEPATE ANTITRUST LITIGATION. v. v. v. v., 205 F.R.D. 369 (D.D.C. 2002)

. . . . § 542.27(2); 740 Ill.Comp.Stat. 10/7(2); Kan.Stat.Ann. §§ 50-103(a)(8), 50-148(b); Md.Code Ann., Com.Law . . .

MAJOR LEAGUE BASEBALL, v. A. BUTTERWORTH,, 181 F. Supp. 2d 1316 (N.D. Fla. 2001)

. . . Under §§ 542.28 and 542.27(3), Florida Statutes, an antitrust CID may issue "[w]hen-ever the Attorney . . .

STATE OF FLORIDA, A. BUTTERWORTH, v. INDUSTRIAL CHEMICALS, INC., 145 F.R.D. 585 (N.D. Fla. 1991)

. . . .” §§ 542.27(3), 542.-28(1), Fla.Stat. (1987). . . .

In A. MILLER, Jr. UNITED STATES v. A. MILLER, Jr., 118 B.R. 76 (E.D. Tenn. 1989)

. . . withheld employment taxes during the four taxable quarters of 1986 in the total approximate amount of $40,-542.27 . . .

In EZELL EZELL, v. SMITH,, 446 So. 2d 253 (Fla. Dist. Ct. App. 1984)

. . . control of any documentary material relevant to a civil antitrust investigation authorized by section 542.27 . . .

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

. . . added, inter alia, three new procedural requirements: defendants must be charged by indictment, section 542.27 . . . proceedings under this section must obtain the written permission of the Attorney General, section 542.27 . . . Section 542.27(1) mentions “commencement and trial of ... prosecutions _” Thus, the legislature used . . . Since the legislature differentiated between the commencement of a prosecution and its trial in section 542.27 . . .

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

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

J. Jr. v., 46 T.C. 262 (T.C. 1966)

. . . administration expenses and debts in the amount of $25,197.74, and an estate tax liability in the amount of $75,-542.27 . . .