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HomeMy WebLinkAbout01-021 u~m'~r: nULMRN.~ UL ..... ur THE b i f',.L, Ui t .......... ~. [:uu~, 1448 Recorded:Z0/25/O1 09:45 ORDINANCE NO. 01-21 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF ST. LUCIE COUNTY, CREAq-J:NG CHAPTER 6.3, "CTVIL DEFENSE AND EM MANAGEMENT", AND ARTICLE IV, "PROHIBIT3:( PRICE GOUGING DURING EMERGENCIES" OF LUCIE COUNTY CODE OF ORDINANCES; SEC'I'ION 1-6.3-51 "'rrFLE; AUTHORITY; PU CREATING SECTION 1-6.3-52 "DEF'rNIT]:ONS"; SECTION 1-6.3-53 "DECLARATION OF EMER CREAq-J:NG SECTION 1-6.3-54 "PROHIBI1-J:ONS A PRICE GOUGING"; CREA1-J:NG SECTION "COMPLT. ANCE WITH STATE AND FEDERAL PROVIDING FOR CONFLICTING PROVISIONS; PR~ FOR 5EVERABILITY; PROVIDING FOR CODIFI( PROVIDING AN EFFECTIVE bATE; AND PROVID] ADOPTION WHEREAS, the Board of County Commissioners of St. Lucia Cc the following determinations: 1. The health, safety, and welfare of the citizens of thi: availability and affordability of certain essential commodities; and, 2. In recent years, during certain periods of disaster, canto dramatic increases in the prices of certain essential commodities, and, had to pay prices that were unconscionable and excessive; and, Underlined passages are added. 5;ru.-k t~r;.'.'~ passages are deleted. 1 L~UU~r:i"Jt '--zTi --.:Tji.~..Li N ~ :'~ T' !Ti LLIL,!l-! .s IF:T..~bgL.ll'tJC'"i"}t i~. i'1'V/ 'AGE EOUNTY :LORIDA !RGENCY )NS ON 'HE ST. EATING RPOSE"; EATING GENC¥"; GAINST -6.3-55 LAWS"; ~VIDING ~ATION; NG FOR unty, Florida, has made county depend on the mars have experienced m many instances, have OR BOOK 1448 PAGE 678 3. Control over pricing of these commodities represents o p county, and it is in the public interest to require that price gouging commodities be prohibited and made subject to penalties and civil re~ 4. It is necessary to prohibit any person from raising markE to excessive, unconscionable or unfair levels during a declared state o 5. It is not the intent of the Board to apply this ordinance t. practices of raw or processed food products that occur as a direct re: of emergency or relevant national or international market conditions. BE IT ORDAINED by the Board of Court NOW, THEREFORE, Lucia County, Florida: PART A. CHAPTER 1-6.3 "CIVIL DEFENSE AND EMERGENC~ ARTICLE IV "PROHIBTI-J.'ON$ ON PRICE EMERGENCIES of Chapter !-6.3 are hereby create ARTICLE IV. Section 6.3-51. PROHIBIT'IONS ON PRICE GOUGING DURIN Title. Title; authority; purpose. This article shall be known as the "St. Lucie Ordinance." The provisions of this article shall be applicable in all geogr County. Unless otherwise provided, nothing in this article shall be const from compliance with applicable county or municipal regulations. {b) Authority. This article is enacted by the authority of 501, Florida .Statutes. Underlined passages are added. 5tr'.:ck throuDh passages ore deleted. ermissible power of the with respect to these ,edies; and, t prices on commodities emergency; and, the reasonable pricing Jlt of a declared state ~y Commissioners of St. MANAGEMENT" and GOUGING DURING as follows: EMERGENCIES County Price Gouging aphic areas of St. Lucia ~ued to relieve a person ,:hapters 125,252, and BR BBOK 144B P,~GE~"~ c_. Purpose. The purpose of this article is to set measures protection of life and property, threatened because of natural, technolo and emergencies. This article is not intended to preempt or to restrict more restrictive ordinances of St. Lucia County already in effect. intended to preempt or to preclude the application or enforceme management measures already in effect, or which will be effective emergency. This article is not intended and shall not be construed as upon lawful business activities in St. Lucia County. Section 6.3- §2. Definitions. Average retail price. The term "average retail price" shall mE which similar merchandise was being sold during the thirty (30) days iml declaration of a local emergency. Commission. The term "commission" shall mean the board of c St. Lucia County, Florida. Consumer goods. The term "consumer goods" shall mear merchandise, or commodity of any kind or class which is customarily for sale at retail for consumption by individuals or use by individuals, to: food, water, ice, clothing, lumber, hardware, chain saws, generat materials, and fuel products. Underlined passages are added. 5;;ucC: th;:u~h passages are deleted. 3 place necessary to the ical, or other disasters ~e application of other, Iqeither is this article nt of local emergency , upon a deClaration of imposing price controls an the average price at nediately preceding the 3unty commissioners of any article, product, [.roduced or distributed ncluding but not limited ors, home improvement OR BOOK 1448 PAGE 880 Eme~'gency. The term "emergency" shall mean any occurrer whether accidental, natural in war or in peace, which results or may re.' or harm to the population or substantial damage to or loss of propertl Enforcement official. The term "enforcement official" shal enforcement officers, any code compliance official, code inspector, per; Management Division, and any other appropriate municipal or county o Fuel product. The term 'fuel product" shall mean home-heatin natural gas, diesel fuel, methanol, and gasoline. Unconscionable. The term "unconscionable" shall mean and be is prima focie evidence that a price is unconscionable if: (1) The amount charged represents a gross disparity be~ commodity or rental or lease of any dwelling unit or self-storage facili~ the offer or transaction and the average price at which that commodit storage facility was rented, leased, sold, or offered for rent or business during the 30 days immediately prior to a declaration of a stat increase in the amount charged is not attributable to additional cost., with the rental or sale of the commodity or rental or lease of any dwel facility, or national or international market trends; however, a mere pri authorized by a government agency, law, statute, or regulation unconscionable and shall not be a violation of this ordinance's prohibit Underlined passages ore added. 5t:~c;< th~=u~h passages ore deleted. :e, or threat thereof, :ult in substantial injury mean oll police or Iow ;onnel of the Emergency l:ficial. oil, kerosene, propane, ~ed in the sense that it ~ween the .price. of the that is the subject of ~r dwelling unit or self- in the usual course of :ofemergency, and the incurred in connection ing unit or self-storage ce increase approved or shall not be deemed ;OHS; or 'rjr ~' . ~0._~ 1448 PAGE 2_. The amount charged grossly exceeds the average pric similar commodity was readily obtainable in the trade area during the 3( to a declaration of a state of emergency, and the increase in the attributable to additional costs incurred in connection with the rental or rental or lease of any dwelling unit or self-storage facility, or n market trends; however, a mere price increase approved or authorized law, statute, or regulation shall not be deemed unconscionable and shall article's prohibitions. Section 6.3-53. Declaration of emergency. (a) When a disaster or threat of a disaster has placed all Lucia County in danger of loss of life or property, a state of emerg pursuant to St. Lucia County Resolution Number 00-;?77, by the count, of emergency so declared shall continue for seven (7) days, unless eD seven-day increments. However, if the local emergency involves a thr~ or public infrastructure, the local emergency may remain in effect for (b) A declaration of emergency shall activate the applic emergency management plans and shall constitute authority for the procedures and formalities otherwise required by the county by law p, (D Performance of public work, and any other prud, enure the health, safety, and welfare of the citizens of St. Lucia Cout Underlined passages are added. 5t~uc~ t~cu~passages are deleted. 5 at which the same or ) days immediately prior ~mount charged is not r sale of the commodity ~tional or international >y a government agency, qot be a violation of this or some persons of 5t. ,.ncy shall be declared, 'administrator. A state rended as necessary, in .at to private structure 'up to thirty (30} days. able St. Lucia County Followinq in lieu of the ;rtaining to: ;nt action necessary to OR BOOK 1448 PAGE 682 (4) (6) (7) Entering into contracts; Incurring obligations; Employment of permanent and temporary worke~ Utilization of volunteer workers; Rental of equipment; Acquisition and distribution, with or without car goods, supplies, materials and facilities; (8) Appropriation and expenditure of public funds. ~.~ The county administrator or designee or enforcement the provisions of this ordinance with or without instructions as may be of county commissioners and the county administrator. (d) Nothing in this article shall be construed to limit the a~ county commissioners to declare, limit, or terminate a state of eme~ action authorized by law, when convened in a regular or special meetir Section 6.3-54. Prohibitions against price gouging. ~a~ Upon declaration of an emergency pursuant to section 6. through the duration of such emergency, it shall be an unlawful methc unfair and deceptive trade act or practice for a person or his or her business in St. Lucia County to charge more than the average retail goods. Underlined passages are added. 5;r'~c;~ t~cug~ p~ssages are dele;ed. 6 's; )ensation, of consumer :ficials shall implement :urnished by the board thority of the board of 'gency, and to take any g. 3-53 of this article, and d of competition and an ~gent or employee doing )rice for any consumer OR BOOK 1448 PAGE 683 (b) Upon declaration of an emergency pursuant to section 6 through the duration of such emergency, it shall be an unlawful methc unfair and deceptive trade act or practice for a person or his or he impose unconscionable prices for the rental or lease of any dwelling unit ~c) This section does not prevent the seller of consumer amount in excess of the average retail price, if such higher price is limited to, any increased cost for the consumer goods from the manu wholesaler to the seller. Zn such instances, only the actual cost incr, manufacturer, distributor, or wholesaler can be added to the average (d) This section does not interfere with the authority of go~ to distribute consumer goods, supplies, materials, and facilities, with o (e) A price increase approved or authorized by a governme or regulation shall not be a violation of this article's prohibitions. Section 6.3- §§. Enforcement. (a) Failure to comply with the requirements of section 6.3. constitute a violation of this article. ~[t shall be the duty of all enforce in the enforcement of this artiCle. Violations of the provisions prosecuted in the name of the state in a court having .jurisdiction o' prosecuting attorney thereof and upon conviction shall be punished by c hundred dollars (${500.00) or by imprisonment in the county jail not to Underlined passages are added. 5t:ucl; tkr'c.u~h passages are deleted. 7 3-53 of this article, and d of competition and an r agent or employee to or self-storage facility. oods from charging an ~e direct result of, and acturer, distributor, or ~.ase per item from the retail price. Cernment to acquire and without compensation. ~t agency, law, statute, · 54 of this article shall ment officials to assist )f this article may be misdemeanors by the :ina not to exceed five exceed sixty (60) days t OR BOOK 1448 PAGE 684 or by both such fine and imprisonment, pursuant to section 125.69(1), day of noncompliance shall constitute a separate violation. PART B. CONFLZCTZNG PROVZSZONS. Special acts of the Florida legislature applicable only to uninc Lucia County, County ordinances, and County resolutions, or parts that, ordinance are hereby superseded by this ordinance to the extent of PART C. SEVERABILZTY AND APPLT. CABILZTY. This Ordinance shall be applicable throughout St. Lucia Count' ordinance is for any reason held or declared to be unconstitutional, holding shall not affect the remaining portions of this ordinance. I' provision thereof shall beheld to be inapplicable to any person, propert' holding shall not affect its applicability to any other person, property PART b. FILING WITH THE DEPARTMENT OF STATE. This Ordinance shall take effect upon receipt of notice of fil, of State. PART E. EFFECTIVE DATE. This ordinance shall take effect when a copy has been accepted of the Government of the United 5totes for special delivery bt Department of 5tote. PART F. ADOPTZON Underlined passages are added. 5truck thr;u~h passages are deleted. 8 Florida Statutes. Each orporated areas of St. ;of, in conflict with this uch conflict. if any portion of this ~perative, or void, such this ordinance or any , or circumstance, such or circumstance. ng from the Secretary ~y the postal authorities certified mail to the OR BOOKI44B P~GE 685 After motion and second, the vote on this ordinance was as fo Chair Frannie Hutchinson AYE Vice Chairman Doug Coward Commissioner Paula Lewis AYE AYE Commissioner ~Tohn Bruhn AYE Commissioner Cliff Barnes PASSED AND DULY ENACTED this AYE BOARD OF COUN' ST. LUCTI / APPROVI BY: Coun Underlined passages are added. 5,~rucl: :~r:u.~ passages are deleted. lows: :Ct.,, 2oo ..