Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1916
       
       
       
       
       
       
                                Barcode 188670                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2011           .                                
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       The Committee on Budget Subcommittee on General Government
       Appropriations (Diaz de la Portilla) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1054 - 1061
    4  and insert:
    5         Section 31. Paragraph (b) of subsection (1) and subsection
    6  (8) of section 501.160, Florida Statutes, is amended to read:
    7         501.160 Rental or sale of essential commodities during a
    8  declared state of emergency; prohibition against unconscionable
    9  prices.—
   10         (1) As used in this section:
   11         (b) It is prima facie evidence that a price is
   12  unconscionable if:
   13         1. The amount charged represents a gross disparity between
   14  the price of the commodity or rental or lease of any dwelling
   15  unit or self-storage facility that is the subject of the offer
   16  or transaction and the average price at which that commodity or
   17  dwelling unit or self-storage facility was rented, leased, sold,
   18  or offered for rent or sale in the usual course of business
   19  during the 30 days immediately prior to a declaration of a state
   20  of emergency, unless and the increase in the amount charged is
   21  not attributable to additional costs incurred in connection with
   22  the rental or sale of the commodity or rental or lease of any
   23  dwelling unit or self-storage facility, or regional, national or
   24  international market trends; or
   25         2. The amount charged grossly exceeds the average price at
   26  which the same or similar commodity was readily obtainable in
   27  the trade area during the 30 days immediately prior to a
   28  declaration of a state of emergency, unless and the increase in
   29  the amount charged is not attributable to additional costs
   30  incurred in connection with the rental or sale of the commodity
   31  or rental or lease of any dwelling unit or self-storage
   32  facility, or regional, national or international market trends.
   33         (8) Any violation of this section may be enforced by the
   34  Department of Agriculture and Consumer Services, the office of
   35  the state attorney, or the Department of Legal Affairs.
   36  
   37  ================= T I T L E  A M E N D M E N T ================
   38         And the title is amended as follows:
   39         Delete line 100
   40  and insert:
   41         declared state of emergency; authorizing regional
   42         comparison with respect to market trends; amending s.
   43         501.605,