Fla. Stat. 526.312
Enforcement; private actions; injunctive relief


(1)

Any person injured as a result of an act or practice which violates this act may bring a civil action for appropriate relief, including an action for a declaratory judgment, injunctive relief, and actual damages.

(2)

On the application for a temporary restraining order or a preliminary injunction, the court, in its discretion having due regard for the public interest, may require or dispense with the requirement of a bond, with or without surety, as conditions and circumstances may require. If a bond is required, the amount shall not be greater than $50,000. Upon proper application by the plaintiff, the court shall grant preliminary injunctive relief if the plaintiff shows:That he or she is a proper person to seek the relief requested.There exist sufficiently serious questions going to the merits to make such questions a fair ground for litigation; and the court determines, on balance, the hardships imposed on the defendant and the public interest by the issuance of such preliminary injunctive relief will be less than the hardship which would be imposed on the plaintiff if such preliminary injunctive relief were not granted.

The standards specified in paragraphs (a) and (b) shall also apply to actions for injunctive relief brought by the department under s. 526.311.

(a)

That he or she is a proper person to seek the relief requested.

(b)

There exist sufficiently serious questions going to the merits to make such questions a fair ground for litigation; and the court determines, on balance, the hardships imposed on the defendant and the public interest by the issuance of such preliminary injunctive relief will be less than the hardship which would be imposed on the plaintiff if such preliminary injunctive relief were not granted.

(3)

Any actual damages found to have resulted from violations of this act may be trebled by the court.

(4)

The court shall award a reasonable attorney’s fee to the prevailing plaintiff and may award a reasonable attorney’s fee to the prevailing defendant.

Source: Section 526.312 — Enforcement; private actions; injunctive relief, https://www.­flsenate.­gov/Laws/Statutes/2024/0526.­312 (accessed Aug. 7, 2025).

526.01
Fraud and deception in sale of liquid fuel, lubricating oil, and greases
526.02
Proper trade name or mark to appear upon container or distributing device
526.03
Imitating trade names or equipment under which liquid fuel is marketed
526.04
Sale of liquid fuel under trademark of another
526.05
Mixing, blending, or compounding liquid fuels of different manufacturers prohibited
526.06
Mixing, blending, compounding, or adulteration of liquid fuels of same manufacturer prohibited
526.07
Assisting another in illegal storage or other violation of chapter prohibited
526.08
Participation of director, officer, agent, employee, or member in violations
526.09
Department to enforce law
526.10
Department of Legal Affairs and state attorneys to assist in enforcing law
526.11
Penalty for violations
526.015
Lubricating oil standards and labeling requirements
526.111
Prohibited display of gasoline prices
526.121
Pricing restrictions
526.131
Injunction against violations
526.141
Self-service gasoline stations
526.142
Air and vacuum devices
526.143
Alternate generated power capacity for motor fuel dispensing facilities
526.144
Florida Disaster Motor Fuel Supplier Program
526.301
Short title
526.302
Legislative findings and intent
526.303
Definitions
526.304
Predatory practices unlawful
526.305
Discriminatory practices unlawful
526.306
Discriminatory allocations unlawful
526.307
Unfair practices unlawful
526.308
Certain rebates unlawful
526.309
Exempt sales
526.311
Enforcement
526.312
Enforcement
526.313
Limitations period for actions

Current through Fall 2025

§ 526.312. Enforcement; private actions; injunctive relief's source at flsenate​.gov