§ 8A-5. Prohibition of price gouging during declared state of emergency.  


Latest version.
  • (1)

    It is prima facie evidence that a price is unconscionable if:

    a.

    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 thirty (30) days immediately prior to a declaration of a state or emergency, and the increase in the amount charged is not attributable to additional casts 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; or

    b.

    The amount charged grossly exceeds the average price at which the same or similar commodity was readily obtainable in the trade area during the thirty (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 international market trends.

    (2)

    Upon a declaration applicable to any portion of Miami-Dade County of a state of emergency by the Governor, the Mayor, the Board of County Commissioners, the County Manager or Director of the Miami-Dade Police Department, it shall be unlawful for a person or his agent or employee to rent or sell or offer to rent or sell at an unconscionable price within the area for which the state of emergency is declared, any essential commodity including, but not limited to food, water, ice, chemicals, petroleum products, lumber, supplies, services, provisions, or equipment, or any dwelling unit or self-storage facility, that is necessary for consumption or use as a direct result of the emergency. This prohibition shall remain in effect until the declaration expires or is terminated.

    (3)

    A price increase approved by an appropriate government agency shall not be a violation of this section.

    (4)

    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.

    (5)

    a.

    Any person or entity who suffers a loss as result of a violation of any provision of this article may, in addition to any other available remedy, recover compensatory damages, attorney's fees and court costs from the person or entity committing the violation.

    b.

    Any person or entity who proves the violation of any provision of this article occurred willfully or in bad faith shall recover from the person or entity committing the violation as compensatory damages three-fold the actual damages sustained or two hundred dollars ($200.00), whichever is greater, in addition to any other recovery available under law of this article.

    (6)

    In addition to the remedies elsewhere provided in this article, the County Manager or his or her designee shall have the authority to institute a civil action in a court of competent jurisdiction: (i) to seek temporary or permanent, prohibitory or mandatory injunctive relief to enforce compliance with or prohibit the violation of this Section 8A-5; (ii) to impose and recover a civil penalty in an amount of not more than ten thousand dollars ($10,000.00) for each violation of this Section 8A-5; and (iii) to recover any sums and costs expended by the county in tracing, investigating, preventing, controlling, abating or remedying violation of this Section 8A-5. Each day during any portion of which such violation occurs constitutes a separate violation. In any such action in which the county prevails the court shall award the county reasonable attorney's fees.

    (7)

    The County Manager or his or her designee shall have the power to investigate compliance with the requirements of this Section 8A-5 and incident thereto may subpoena witnesses, administer oaths and require the production of records.

    (8)

    In addition to the remedies elsewhere provided in this article, any person found guilty of violating any provision of this Section 8A-5 may be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment in the county jail for a period not to exceed sixty (60) days, or both.

(Ord. No. 92-89, § 2, 8-27-92; Ord. No. 95-187, § 1, 10-17-95; Ord. No. 01-179, § 1, 11-6-01)