Senate Bill sb0572c1

    Florida Senate - 2005                            CS for SB 572

    By the Committee on Commerce and Consumer Services; and
    Senators Garcia and Fasano




    577-1699-05

  1                      A bill to be entitled

  2         An act relating to consumer protection;

  3         amending s. 501.160, F.S.; providing criminal

  4         penalties for any person who fails to possess

  5         an occupational license and offers goods and

  6         services for sale to the public during a

  7         declared state of emergency; providing that

  8         this provision shall not apply to certain

  9         organizations; providing that failure to

10         possess such a license constitutes reasonable

11         cause to detain such person for a reasonable

12         amount of time and in a reasonable manner;

13         amending s. 252.36, F.S.; providing the

14         Governor with certain emergency management

15         powers; providing an effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Subsection (9) is added to section 501.160,

20  Florida Statutes, to read:

21         501.160  Rental or sale of essential commodities during

22  a declared state of emergency; prohibition against

23  unconscionable prices.--

24         (9)  Upon a declaration of a state of emergency by the

25  Governor, in order to protect the health, safety, and welfare

26  of residents, any person who offers goods and services for

27  sale to the public during the duration of the emergency and

28  who does not possess an occupational license under s. 205.032

29  or s. 205.042 commits a misdemeanor of the second degree,

30  punishable as provided in s. 775.082 or s. 775.083. During a

31  declared emergency, this subsection does not apply to

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    Florida Senate - 2005                            CS for SB 572
    577-1699-05




 1  religious, charitable, fraternal, civic, educational, or

 2  social organizations. During a declared emergency and when

 3  there is an allegation of price gouging, failure to possess a

 4  license constitutes reasonable cause to detain the person,

 5  provided that the detention shall only be made in a reasonable

 6  manner and only for a reasonable period of time sufficient for

 7  an inquiry into the circumstances surrounding the failure to

 8  possess a license.

 9         Section 2.  Paragraphs (m) and (n) are added to

10  subsection (5) of section 252.36, Florida Statutes, to read:

11         252.36  Emergency management powers of the Governor.--

12         (5)  In addition to any other powers conferred upon the

13  Governor by law, she or he may:

14         (m)  Authorize businesses and their employees who sell

15  commodities as defined in s. 501.160(1)(a) to exceed the times

16  of curfews for the purpose of ensuring that the supplies of

17  commodities are made available to the public and direct local

18  law enforcement to assist and accommodate those businesses and

19  their employees in ensuring that commodities are available in

20  coping with the emergency.

21         (n)  Direct local governments to open and operate

22  landfills, including extending operating hours, so that

23  businesses providing commodities may dispose of contaminated

24  or spoiled goods in a reasonable and timely manner in order to

25  protect the health, safety, and welfare of residents and

26  businesses coping with the emergency.

27         Section 3.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                            CS for SB 572
    577-1699-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                              SB 572

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 4  This committee substitute replaces the bill as filed with the
    following:
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    1.   Provides that upon the Governor's declaration of a state
 6       of emergency, it is a second-degree misdemeanor for any
         person to offer goods and services for sale to the public
 7       during the duration of the emergency unless person
         possesses an occupational license. Religious, charitable,
 8       fraternal, civic, educational or social organizations are
         exempt;
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    2.   Authorizes the Governor, in the emergency declaration, to
10       exempt businesses who sell essential commodities from
         curfew restrictions; and
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    3.   Authorizes the Governor to direct local governments to
12       open landfills and operate with extended hours to allow
         for disposal of contaminated or spoiled goods.
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CODING: Words stricken are deletions; words underlined are additions.