Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 572
Barcode 854492
CHAMBER ACTION
Senate House
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11 The Committee on Commerce and Consumer Services (Lynn)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsection (9) is added to section 501.160,
19 Florida Statutes, to read:
20 501.160 Rental or sale of essential commodities during
21 a declared state of emergency; prohibition against
22 unconscionable prices.--
23 (9) Upon a declaration of a state of emergency by the
24 Governor, in order to protect the health, safety, and welfare
25 of citizens, any person who offers goods and services for sale
26 to the public during the duration of the emergency and who
27 does not possess an occupational license under s. 205.032 or
28 s. 205.042 commits a misdemeanor of the second degree,
29 punishable as provided in s. 775.082 or s. 775.083. During a
30 declared emergency, this subsection does not apply to
31 religious, charitable, fraternal, civic, educational, or
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 572
Barcode 854492
1 social organizations. During a declared emergency, and when
2 there is an allegation of price gouging, failure to possess a
3 license constitutes reasonable cause to detain the person,
4 provided that the detention shall only be made in a reasonable
5 manner and only for a reasonable period of time sufficient for
6 an inquiry into the circumstances surrounding the failure to
7 possess a license.
8 Section 2. Paragraphs (m) and (n) are added to
9 subsection (5) of section 252.36, Florida Statutes, to read:
10 252.36 Emergency management powers of the Governor.--
11 (5) In addition to any other powers conferred upon the
12 Governor by law, she or he may:
13 (m) Authorize businesses and their employees who sell
14 commodities as defined in s. 501.160(1)(a) to exceed the times
15 of curfews for the purpose of ensuring that the supplies of
16 the commodities shall be made available to the public and
17 direct local law enforcement to assist and accommodate those
18 businesses and their employees in ensuring that commodities
19 are available in coping with the emergency.
20 (n) Direct local governments to open and operate
21 landfills, including extending operating hours, so that
22 businesses providing commodities may dispose of contaminated
23 or spoiled goods in a reasonable and timely manner in order to
24 protect the health, safety, and welfare of citizens and
25 businesses coping with the emergency.
26 Section 3. This act shall take effect July 1, 2005.
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30 And the title is amended as follows:
31 Delete everything before the enacting clause
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11:55 AM 03/08/05 s0572d-cm07-t01
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 572
Barcode 854492
1 and insert:
2 A bill to be entitled
3 An act relating to consumer protection;
4 amending s. 501.160, F.S.; providing criminal
5 penalties for any person who fails to possess
6 an occupational license and offers goods and
7 services for sale to the public during a
8 declared state of emergency; providing that
9 this provision shall not apply to certain
10 organizations; providing that failure to
11 possess such a license constitutes reasonable
12 cause to detain such person for a reasonable
13 amount of time and in a reasonable manner;
14 amending s. 252.36, F.S.; providing the
15 Governor with certain emergency management
16 powers; providing an effective date.
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