BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NO. 426

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1 BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NO. 426 AN ORDINANCE PROHIBITING PRICE GOUGING DURING A STATE OF EMERGENCY DECLARED BY EITHER THE GOVERNOR OF THE STATE OF FLORIDA OR A LOCAL EMERGENCY DECLARED BY THE MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS OR SUCH OTHER DESIGNEE AS MAY BE PROVIDED FOR BY 'THE MARTIN COUNTY CODE OF LAWS AND ORDINANCES AND PROVIDING FOR PENALTIES; AND WAIVING CERTAIN PROCEDURES AND FORMALITIES, OTHERWISE REQUIRED OF A POLITICAL SUBDIVISION, DURING A, STATE OF EMERGENCY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, APPLICABILITY, EFFECTIVE DATE AND CODIFICATION; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, THE DEPARTMENT OF COMMUNITY AFFAIRS, AND THE TREASURE COAST REGIONAL PLANNING COUNCIL. WHEREAS, during a state of emergency declared by either the Governor of the State of Florida or a local emergency declared by the Martin County Board of County Commissioners or such other designee as may be provided for by the Martin County Code of Laws and Ordinances, the health, safety, and welfare of the citizens of Martin County depend on the availability and affordability of certain essential commodities, and WHEREAS, control over pricing of these commodities represents a permissible power, pursuant to Florida Statute Section , and it is in the public interest to require that price gouging with respect to these commodities be prohibited and made subject to penalties, and WHEREAS, in order to obtain essential goods and services during a state of emergency, the Martin County Board of County Commissioners, pursuant to Florida Statute Section , can waive procedures and formalities otherwise required by law,

2 including bidding requirements. NOW THEREFORE, BE IT ORDAINED BY THE MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS, THAT THE FOLLOWING ORDINANCE IS HEREBY ADOPTED : 1. Rental or sale of essential commodities durina a geclared state of emersencv: ~rohibition asainst unconscionable prices. A. As used in this section: (a) llcommodityw means any goods, services, materials, merchandise, supplies, equipment, resources, or other article of commerce, and includes, without limitation, food, water, ice, chemicals, petroleum products, and lumber necessary for consumption or use as a direct result of the emergency. (b) 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 or rental or lease of any dwelling unit or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit or self-storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the 30 days immediately prior to a 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 rental or lease of any dwelling unit or self-storage facility, or national or

3 international market trends; 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 declaration of a sate 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 rental or lease of any dwelling unit or self-storage facility, or national or international market trends. B. Upon a declaration of a state of emergency by the Governor or the Martin County Board of County Commissioners or such other designee as may be provided for by the Martin County Code of Laws and Ordinances, it is unlawful and a violation of this ordinance for a person or his agent or employee to rent or sell or offer to rent or sell at any unconscionable price within the area for which the state of emergency is declared, any essential commodity including, but not limited to, supplies, services, provisions, or equipment that are necessary for' consumption or use as a direct result of the emergency. This prohibition remains in effect until the declaration expires or is terminated. C. It is unlawful and a violation of this ordinance for any person to impose unconscionable prices for rental or lease of any dwelling unit or self-storage facility during a period of declared state of emergency.

4 D. A price increase approved by an appropriate governmental agency shall not be in violation of this section. E. This section shall not apply to sales by growers, producers or processors of raw or processed food products, except for retail sales of such products to the ultimate consumer within the area of the declared state of emergency. F. Nothing in this section creates a private cause of action in favor of any person damaged by a violation of this section. G. PENALTIES. Violation of this section is a misdemeanor pursuant to Section , FLORIDA STATUTES, and is punishable under said section by imprisonment for up to sixty (60) days, or a fine of up to $500.00, or both such imprisonment and fine. 2. Waiver of ~rocedures and formalities otherwise law durina a declared state of emeraencv. Upon declaration of a state of local emergency declared by the Board of County Commissioners or such other designee as may be provided for by the Martin County Code of Laws and ordinances, or emergency declared by the Governor of the State of Florida, and pursuant to Florida Statute Section , Martin County hereby waives the procedures and formalities (including bidding procedures) otherwise required of political subdivisions by law pertaining to:

5 A. Performing of public work, taking whatever action is necessary to ensure the health, safety and welfare of the community; B. Entering into contracts; C. Incurring obligations; D. Employment of permanent and temporary workers; E. Utilization of volunteer workers; F. Rental of equipment; G. Acquisition and distribution with or without compensation of supplies, materials, and facilities; H. Appropriation and expenditure of public funds 3. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of Martin County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. 4. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance of any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances.

6 5. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable through Martin County's jurisdiction except where in conflict with a municipal ordinance to the extent of such conflict. 6. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida FILING WITH DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send by certified mail a certified copy of this ordinance to Treasure Coast Region Planner/DRI Section, Department of Community Affairs, 2571 Executive Center Circle, East, Tallahassee, Florida, FILING WITH TREASURE COAST REGIONAL PLANNING COUNCIL. The County Attorney shall send a certified copy of this ordinance to Treasure Coast Regional Planning Council, Post Office Box 1529, Palm City, Florida EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the office of Secretary of State that this ordinance has been filed in that office. 10. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word I1ordinancew1 may be changed to nsection,ll llarticlell or other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention;

7 provided, however, that parts 3 to 10 shall not be codified. DULY PASSED AND ADOPTED THIS 25TH DAY OF MAY, ATTEST : BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA, PF, CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: (h* NOREEN S. DREYER COUNTY ATTORNEY

8 m ;-$1. En f OR RECUR3 l..h{?ti!i CG., F1.A- 33 JUN 24 An FLORIDA DEPARTMENT OF STA \ E MARSHA ;,LLtlR 1 Tim Smith CLERK OF CIRCUI1' COURT &retg of State DIVISION OF ELECTIONS Room 2002, The Capitol, Tallahassee, Florida June 21, 1993 Honorable Marsha Stiller Clerk of the Circuit Court Martin County Courthouse Post Office Box 9016 Stuart, Florida Attention: Dear Ms. Stiller: W. Timmons, Deputy Clerk Pursuant to the provisions of Section , Florida Statutes, this will acknowledge your envelope of recent date and certified copy of Martin County Ordinance (9426) pertaining to prohibiting price gouging during a State of Emergency, which we have numbered This ordinance was received and filed in this office on June 21, Sincerely, /\ ~ i cloud. Chief Bureau of.~dministrative Code LC/mb Enclosure (1)

ORDINANCE NO. 04- I O

ORDINANCE NO. 04- I O AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA AMENDING CHAPTER 123, ARTICLE I1 OF THE ALACHUA COUNTY CODE RELATING TO COURT FILING FEES AND COSTS; PROVIDING