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Can I charge different prices to different customers without violating discrimination laws in Florida? What are the requirements?
Based on the documents provided, it is generally unlawful to discriminate against customers on the basis of certain protected characteristics, such as race, color, national origin, sex, disability, familial status, or religion. However, there are some exceptions to this rule.
Exceptions to Discrimination Laws
Exception for Good Faith Competition
According to FLCL 540.01, discrimination in prices in the same or different sections, communities, or cities of Florida made in good faith in an amount necessary to meet competition is allowed.
Exception for Housing
FLCL 760.23 prohibits discrimination in the sale or rental of housing, but there are some exemptions. For example, a private individual owner who does not own more than three single-family houses at any one time is exempt from the law. Additionally, a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, may limit the sale, rental, or occupancy of any dwelling which it owns or operates for other than a commercial purpose to persons of the same religion or give preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin.
Exception for Housing for Older Persons
Housing for older persons is exempt from certain familial status discrimination laws. According to FLCL 760.29, housing for older persons is defined as housing provided under any state or federal program that is specifically designed and operated to assist elderly persons, intended for, and solely occupied by, persons 62 years of age or older, or intended and operated for occupancy by persons 55 years of age or older that meets certain requirements.
Exception for Motor Fuel
FLCL 526.305 prohibits unfair commercial discrimination in the sale of motor fuel. A sale of motor fuel of like grade and quality at different prices to persons at the same level of distribution is not a violation of this section if the difference in price is due to a difference in the cost of sale or delivery resulting from differing methods or quantities in which the grade of motor fuel is sold or delivered. Additionally, 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.
Conclusion
In general, it is unlawful to discriminate against customers on the basis of certain protected characteristics. However, there are some exceptions to this rule, such as good faith competition, exemptions for housing and housing for older persons, and exceptions for motor fuel. It is important to consult with a legal professional to ensure compliance with discrimination laws in Florida.
Jurisdiction
Florida