Florida Senate - 2015                                     SB 990
       
       
        
       By Senator Brandes
       
       
       
       
       
       22-00536A-15                                           2015990__
    1                        A bill to be entitled                      
    2         An act relating to regulatory minimum prices; creating
    3         s. 501.002, F.S.; providing legislative intent;
    4         defining the term “regulatory minimum price”;
    5         providing that the establishment of regulatory minimum
    6         prices for lawful goods or services, or the creation
    7         of service classifications that would apply
    8         differently to certain individuals and businesses, is
    9         an unfair or deceptive regulatory act under the
   10         Florida Deceptive and Unfair Trade Practices Act;
   11         requiring the Department of Agriculture and Consumer
   12         Services to identify instances of regulatory minimum
   13         prices and notify the agency or entity that is
   14         noncompliant; clarifying that this act does not apply
   15         to minimum wages and regulatory fees of a governmental
   16         entity; providing relief for persons who are adversely
   17         affected by certain regulatory actions; requiring
   18         courts to award reasonable attorney fees, costs, and
   19         damages; providing a limitation on damages; requiring
   20         interest on the sums awarded to accrue at the legal
   21         rate from the date of filing; providing an effective
   22         date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 501.002, Florida Statutes, is created to
   27  read:
   28         501.002 Florida Free Enterprise Act.—
   29         (1) INTENT.—It is the intent of the Legislature that the
   30  ability of the public to freely bargain for lawful goods and
   31  services not be restricted by governmental actions that
   32  establish regulatory minimum prices.
   33         (2) DEFINITION.—As used in this section, the term
   34  “regulatory minimum price” means any value, percentage of a
   35  value, or rate of compensation established by an ordinance,
   36  special act, rule, or other governmental action below which a
   37  lawful business or private individual is prohibited from
   38  charging for lawful goods or services.
   39         (3) UNFAIR OR DECEPTIVE ACT.—
   40         (a) It is an unfair or deceptive regulatory act or
   41  practice, actionable under the Florida Deceptive and Unfair
   42  Trade Practices Act, for any state agency, county government,
   43  municipal governing body, other governmental entity, or special
   44  district, whether dependent or independent, as defined in s.
   45  189.012, or any agency or subsidiary derived thereof, to:
   46         1. Restrict the right of the public to freely bargain for
   47  lawful goods or services by establishing regulatory minimum
   48  prices for lawful goods or services; or
   49         2. Create classifications within a type of service which
   50  would apply differently to individuals and businesses who
   51  compete or attempt to compete with each other to provide similar
   52  services.
   53         (b) The Department of Agriculture and Consumer Services
   54  shall identify any instance of regulatory minimum prices
   55  established by a state agency or governmental entity and notify
   56  that agency or entity that the regulatory minimum price is
   57  noncompliant with this section.
   58         (4) EXEMPTION.—This section does not apply to:
   59         (a) Minimum wages established by a governmental entity.
   60         (b) Any permit fee, license fee, application fee, or fee
   61  assessed in a regulatory fashion, such as an impact fee,
   62  authorized under law.
   63         (5) RELIEF.—A person who is adversely affected by any
   64  regulatory action adopted or caused to be enforced that is in
   65  violation of this section may file suit against such state
   66  agency, county government, municipal governing body, other
   67  governmental entity, or special district, whether dependent or
   68  independent, as defined in s. 189.012, or any agency or
   69  subsidiary derived thereof, in any court of this state for
   70  declaratory or injunctive relief and for actual damages, as
   71  limited herein, caused by the regulatory action. A court shall
   72  award the prevailing plaintiff in any such suit:
   73         (a) Reasonable attorney fees and costs in accordance with
   74  the laws of this state, including a contingency fee multiplier,
   75  as authorized by law; and
   76         (b) Actual damages incurred, up to $1 million.
   77  
   78  Interest on the sums awarded pursuant to this subsection shall
   79  accrue at the legal rate from the date on which suit was filed.
   80         Section 2. This act shall take effect July 1, 2015.