1 | A bill to be entitled |
2 | An act relating to price gouging during a declared state |
3 | of emergency; creating s. 501.161, F.S.; providing |
4 | legislative findings and intent; providing definitions; |
5 | prohibiting price gouging during a declared state of |
6 | emergency; providing penalties; providing an effective |
7 | date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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11 | Section 1. Section 501.161, Florida Statutes, is created |
12 | to read: |
13 | 501.161 Price gouging during a declared state of |
14 | emergency.-- |
15 | (1) The Legislature finds that: |
16 | (a) During emergencies and major disasters affecting the |
17 | health, safety, and welfare of persons in this state, some |
18 | individuals and merchants have taken unfair advantage of |
19 | consumers by greatly increasing prices for essential equipment, |
20 | commodities, or accommodations. |
21 | (b) Pricing of essential equipment, commodities, or |
22 | accommodations is generally best left to the marketplace under |
23 | ordinary conditions, but during a state of emergency declared by |
24 | the Governor price gouging must be discouraged. |
25 | (2) It is the intent of the Legislature to protect |
26 | consumers from excessive and unjustified increases in the prices |
27 | charged during a declared state of emergency for essential |
28 | equipment, commodities, or accommodations and to punish any |
29 | person who is found guilty of price gouging consumers within the |
30 | state during a declared state of emergency. |
31 | (3) For purposes of this section, the term: |
32 | (a) "Essential equipment, commodities, or accommodations" |
33 | means any goods, services, materials, merchandise, supplies, |
34 | equipment, resources, or other article of commerce, including, |
35 | but not limited to, food, water, ice, chemicals, petroleum |
36 | products, and lumber, necessary for consumption or use as a |
37 | direct result of the state of emergency. The term also includes |
38 | any temporary accommodation, such as a hotel, motel, other |
39 | transient lodging facility, or residential accommodation, sought |
40 | by persons seeking shelter during the state of emergency. |
41 | (b) "Price gouging" means knowingly renting or selling, or |
42 | attempting or offering to rent or sell, essential equipment, |
43 | commodities, or accommodations, whose consumption or use is |
44 | necessary because of the emergency, at an unconscionable price |
45 | during a declared state of emergency, unless such increase in |
46 | price is caused by actual costs incurred in connection with such |
47 | essential equipment, commodities, or accommodations. |
48 | (c) "Unconscionable price" means a price equaling or |
49 | exceeding 110 percent of the average price charged for such |
50 | essential equipment, commodities, or accommodations during the |
51 | 30 days immediately prior to a declaration of the state of |
52 | emergency. |
53 | (4)(a) It is unlawful for any person in the state to |
54 | engage in price gouging during a declared state of emergency. |
55 | (b) Any person who knowingly violates paragraph (a) |
56 | commits a misdemeanor of the second degree, punishable by |
57 | imprisonment of up to 60 days or a fine of up to $500, or both. |
58 | If a person in violation of paragraph (a) illegally received |
59 | $300 or more as a result of his or her price gouging, he or she |
60 | commits a misdemeanor of the first degree, punishable by |
61 | imprisonment of up to 1 year or a fine of up to $1,000, or both. |
62 | Section 2. This act shall take effect July 1, 2005. |