| 1 | The Agriculture Committee recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to consumer protection; amending s. |
| 7 | 501.160, F.S.; providing criminal penalties for any person |
| 8 | who fails to possess an occupational license and offers |
| 9 | goods and services for sale to the public during a |
| 10 | declared state of emergency; providing that this provision |
| 11 | shall not apply to certain organizations; providing that |
| 12 | failure to possess such a license constitutes reasonable |
| 13 | cause to detain such person for a reasonable amount of |
| 14 | time and in a reasonable manner; amending s. 252.36, F.S.; |
| 15 | providing the Governor with certain emergency management |
| 16 | powers; providing an effective date. |
| 17 |
|
| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
|
| 20 | Section 1. Subsection (9) is added to section 501.160, |
| 21 | Florida Statutes, to read: |
| 22 | 501.160 Rental or sale of essential commodities during a |
| 23 | declared state of emergency; prohibition against unconscionable |
| 24 | prices.-- |
| 25 | (9) Upon a declaration of a state of emergency by the |
| 26 | Governor, in order to protect the health, safety, and welfare of |
| 27 | citizens, any person who offers goods and services for sale to |
| 28 | the public during the duration of the emergency and who does not |
| 29 | possess an occupational license pursuant to s. 205.032 or s. |
| 30 | 205.042 commits a misdemeanor of the second degree, punishable |
| 31 | as provided in s. 775.082 or s. 775.083. During a declared |
| 32 | emergency, this subsection does not apply to religious, |
| 33 | charitable, fraternal, civic, educational, or social |
| 34 | organizations. During a declared emergency, and when there is an |
| 35 | allegation of price gouging, failure to possess such a license |
| 36 | constitutes reasonable cause to detain such person, provided |
| 37 | that such detention shall only be made in a reasonable manner |
| 38 | and only for a reasonable period of time sufficient for an |
| 39 | inquiry into the circumstances surrounding the failure to |
| 40 | possess such a license. |
| 41 | Section 2. Paragraphs (m) and (n) are added to subsection |
| 42 | (5) of section 252.36, Florida Statutes, to read: |
| 43 | 252.36 Emergency management powers of the Governor.-- |
| 44 | (5) In addition to any other powers conferred upon the |
| 45 | Governor by law, she or he may: |
| 46 | (m) Authorize businesses and their employees who sell |
| 47 | commodities as defined in s. 501.160(1)(a) to exceed the times |
| 48 | of curfews for the purpose of ensuring that the supplies of such |
| 49 | commodities shall be made available to the public and direct |
| 50 | local law enforcement to assist and accommodate those businesses |
| 51 | and their employees in ensuring that commodities are available |
| 52 | in coping with the emergency. |
| 53 | (n) Direct local governments to open and operate |
| 54 | landfills, including extending operating hours, so that |
| 55 | businesses providing commodities may dispose of contaminated or |
| 56 | spoiled goods in a reasonable and timely manner in order to |
| 57 | protect the health, safety, and welfare of citizens and |
| 58 | businesses coping with the emergency. |
| 59 | Section 3. This act shall take effect July 1, 2005. |