Senate Bill sb0572
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Florida Senate - 2005 SB 572
By Senator Garcia
40-473A-05
1 A bill to be entitled
2 An act relating to consumer protection;
3 creating s. 501.161, F.S.; prohibiting the sale
4 or rental of, or the offer to sell or rent,
5 essential equipment, commodities, or
6 accommodation, as defined, during a declared
7 state of emergency for 110 percent or more of
8 its average price for the 30 days immediately
9 preceding the declaration of emergency;
10 providing an exception; providing penalties;
11 providing an effective date.
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13 WHEREAS, the Legislature recognizes that during and
14 immediately following emergencies and major disasters
15 affecting the health, safety, and welfare of persons within
16 the state, some individuals and merchants have taken unfair
17 advantage of consumers by greatly increasing prices for
18 essential consumer goods and services, and
19 WHEREAS, the Legislature further recognizes that
20 pricing of consumer goods and services is generally best left
21 to the marketplace under ordinary conditions, but that, during
22 a state of emergency declared by the Governor, persons who
23 practice price gouging must be discouraged, and
24 WHEREAS, it is the intent of the Legislature to protect
25 consumers from excessive and unjustified increases in prices
26 charged during a declared state of emergency for goods and
27 services that are vital or necessary for the consumer and to
28 punish any person who is found guilty of perpetrating such
29 practices upon consumers within the state, NOW, THEREFORE,
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31 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2005 SB 572
40-473A-05
1 Section 1. Section 501.161, Florida Statutes, is
2 created to read:
3 501.161 Price gouging during state of emergency;
4 penalties.--
5 (1) As used in this section, the term:
6 (a) "Essential equipment, commodities, or
7 accommodation" means any goods, services, materials,
8 merchandise, supplies, equipment, resources, or other article
9 of commerce and includes, without limitation, food, water,
10 ice, chemicals, petroleum products, and lumber necessary for
11 consumption or use as a direct result of an emergency. The
12 term also includes any temporary accommodation, such as a
13 hotel, motel, other transient lodging facility, or other
14 residential accommodation, sought by persons seeking shelter
15 during the emergency.
16 (b) "Price gouging" means knowingly renting or
17 selling, or attempting or offering to rent or sell, essential
18 equipment, commodities, or accommodation during a state of
19 emergency declared by the Governor for an unconscionable price
20 that is 110 percent or more of the average price charged for
21 such essential equipment, commodities, or accommodation for
22 the 30 days immediately preceding the declaration of a state
23 of emergency, unless the increase is caused by actual costs
24 incurred in connection with such essential equipment,
25 commodities, or accommodation.
26 (2) It is unlawful for any person to engage in price
27 gouging in this state.
28 (a) Price gouging constitutes a misdemeanor of the
29 second degree, punishable as provided in s. 775.082 or s.
30 775.083, if the offender receives less than $300, or receives
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Florida Senate - 2005 SB 572
40-473A-05
1 no consideration of any kind, for the essential equipment,
2 commodities, or accommodation.
3 (b) Price gouging constitutes a misdemeanor of the
4 first degree, punishable as provided in s. 775.082 or s.
5 775.083, if the offender receives $300 or more for the
6 essential equipment, commodities, or accommodation.
7 Section 2. This act shall take effect July 1, 2005.
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10 SENATE SUMMARY
11 Declares it a second-degree misdemeanor for a person to
sell or rent, or offer to sell or rent, "essential
12 equipment, commodities, or accommodation," as defined,
during a declared state of emergency for a price that is
13 110 percent or more of the average price for that
equipment, commodity, or accommodation during the 30 days
14 preceding the declaration of emergency, an offense
entitled "price gouging." When such person receives $300
15 or more as a result, the offense becomes a first-degree
misdemeanor.
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CODING: Words stricken are deletions; words underlined are additions.