Senate Bill sb0572c2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for CS for SB 572
By the Committees on Criminal Justice; Commerce and Consumer
Services; and Senators Garcia, Fasano and Lynn
591-2023-05
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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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for CS for SB 572
591-2023-05
1 religious, charitable, fraternal, civic, educational, or
2 social organizations. During a declared emergency and when
3 there is an allegation of price gouging against the person,
4 failure to possess a license constitutes reasonable cause to
5 detain the person, provided that the detention shall only be
6 made in a reasonable manner and only for a reasonable period
7 of time sufficient for an inquiry into the circumstances
8 surrounding the failure to 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) By executive order, authorize the operator of
22 solid waste disposal facilities to extend operating hours to
23 ensure the health, safety, and welfare of the general public.
24 Section 3. This act shall take effect July 1, 2005.
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Florida Senate - 2005 CS for CS for SB 572
591-2023-05
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/SB 572
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4 - The CS/CS provides that the Governor may, by executive
order, authorize extended hours at solid waste disposal
5 facilities. The CS had provided that the Governor may
direct local governments to open landfills and extend
6 landfill hours.
7 - The CS/CS also clarifies that the requisite allegation of
price gouging must be against the person being
8 temporarily detained by law enforcement.
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