§ 18-1. Price gouging.

(a)

Compliance with County or Municipal regulations. Unless otherwise provided, nothing in this section may be construed to relieve a person from compliance with applicable County or Municipal regulations.

(b)

Purpose. The purpose of this section is to set measures in place necessary to the protection of life and property, threatened because of natural, technological, or other disasters and emergencies. This section is not intended to preempt or to restrict the application of other more restrictive ordinances already in effect. Neither is this section intended to preempt or to preclude the application or enforcement of local emergency management measures already in effect, or which will be effective upon a declaration of emergency. This section is not intended and may not be construed as imposing price controls upon lawful business activities, but rather prohibits the unfair and deceptive trade practice of price gouging during a locally declared emergency.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Average retail price means the average price at which similar merchandise was being sold during the 30 days immediately preceding the declaration of a local emergency.

Consumer goods means any article, product, merchandise, or commodity of any kind or class which is customarily produced or distributed for sale at retail for consumption by individuals or use by individuals, including but not limited to, food, water, ice, clothing, lumber, hardware, chain saws, generators, home improvement materials, and fuel products.

Enforcement Official means all police or law enforcement officers, any code enforcement official, and any other appropriate Municipal, County, or State Official.

Fuel product means home-heating oil, kerosene, propane, natural gas, diesel fuel, methanol, and gasoline.

Local Emergency means any one declared in Monroe County pursuant to Fla. Stat. § 252.38.

Unconscionable means and is to be used in the sense that it is prima facie evidence that a price is unconscionable if:

(1)

The amount charged represents a gross disparity between the price of the commodity that is the subject of the offer or transaction and the average price at which that commodity was offered for rent or sale in the usual course of business during the 30 days immediately prior to a declaration of a local state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or national or international market trends; however, a mere price increase approved or authorized by a government agency, law, statute, or regulation is not unconscionable and is not a violation of this section's prohibitions; or

(2)

The amount charged grossly exceeds the average price at which the same or similar commodity was readily obtainable in the trade area during the 30 days immediately prior to a local declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or national or international market trends; however, a mere price increase approved or authorized by a government agency, law, statute, or regulation is not unconscionable and is not a violation of this section's prohibitions.

(d)

Prohibitions against price gouging.

(1)

Upon declaration of local emergency, and throughout the duration of such emergency, it is an unlawful method of competition and an unfair and deceptive trade act or practice for a person or his or her agency or employee doing business in the City to charge an unconscionable price for any consumer goods.

(2)

This subsection does not prevent the seller of consumer goods from charging an amount in excess of the average retail price, if such higher price is in the direct result of, and limited to, any increased cost for the consumer goods from the manufacturer, distributor, or wholesaler to the seller. In such instances, only the actual cost increase per item from the manufacturer, distributor, or wholesaler may be added to the average retail price.

(3)

This subsection does not interfere with the authority of government to acquire and to distribute consumer goods, supplies, materials, and facilities, with or without compensation.

(4)

A price increase approved or authorized by a government agency, law, statute, or regulation is not a violation of this section's prohibitions.

(County Ord. No. 032-1999, §§ 1, 3, 4, 6, 8-11-1999)