August 23, 2019
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_h0347c1
HB 0347CS

CHAMBER ACTION




1The Agriculture Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to consumer protection; amending s.
7501.160, F.S.; providing criminal penalties for any person
8who fails to possess an occupational license and offers
9goods and services for sale to the public during a
10declared state of emergency; providing that this provision
11shall not apply to certain organizations; providing that
12failure to possess such a license constitutes reasonable
13cause to detain such person for a reasonable amount of
14time and in a reasonable manner; amending s. 252.36, F.S.;
15providing the Governor with certain emergency management
16powers; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Subsection (9) is added to section 501.160,
21Florida Statutes, to read:
22     501.160  Rental or sale of essential commodities during a
23declared state of emergency; prohibition against unconscionable
24prices.--
25     (9)  Upon a declaration of a state of emergency by the
26Governor, in order to protect the health, safety, and welfare of
27citizens, any person who offers goods and services for sale to
28the public during the duration of the emergency and who does not
29possess an occupational license pursuant to s. 205.032 or s.
30205.042 commits a misdemeanor of the second degree, punishable
31as provided in s. 775.082 or s. 775.083. During a declared
32emergency, this subsection does not apply to religious,
33charitable, fraternal, civic, educational, or social
34organizations. During a declared emergency, and when there is an
35allegation of price gouging, failure to possess such a license
36constitutes reasonable cause to detain such person, provided
37that such detention shall only be made in a reasonable manner
38and only for a reasonable period of time sufficient for an
39inquiry into the circumstances surrounding the failure to
40possess such a license.
41     Section 2.  Paragraphs (m) and (n) are added to subsection
42(5) of section 252.36, Florida Statutes, to read:
43     252.36  Emergency management powers of the Governor.--
44     (5)  In addition to any other powers conferred upon the
45Governor by law, she or he may:
46     (m)  Authorize businesses and their employees who sell
47commodities as defined in s. 501.160(1)(a) to exceed the times
48of curfews for the purpose of ensuring that the supplies of such
49commodities shall be made available to the public and direct
50local law enforcement to assist and accommodate those businesses
51and their employees in ensuring that commodities are available
52in coping with the emergency.
53     (n)  Direct local governments to open and operate
54landfills, including extending operating hours, so that
55businesses providing commodities may dispose of contaminated or
56spoiled goods in a reasonable and timely manner in order to
57protect the health, safety, and welfare of citizens and
58businesses coping with the emergency.
59     Section 3.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.
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