§ 2-277. Excessive price increases.

(a)

Findings. As a result of previous natural disasters, communities have found that residents have sought to purchase emergency supplies, food and other consumer goods necessary for their health and safety; and although no general shortage of consumer goods has been evident, numerous residents have reported cases of excessive price increases for consumer items such as gasoline and food items many times above the prices in effect on or before the emergency. Though the price increases may be necessary where a merchant has incurred higher expenses, the reported price increases clearly exceeded those that would have been reasonable and just to recapture any increased operational expenses.

(b)

Legislative intent. It is the intention of the mayor and the city commission in adopting this ordinance to protect citizens from excessive and unjustified increases in the prices charged during any abnormal disruption of the marketplace for consumer goods and services vital and necessary for the health, safety, and welfare of consumers resulting from emergency or major disaster for which a state of emergency for the City of Fort Lauderdale is proclaimed by the mayor pursuant to section 16-51, "Declaration of State of Emergency," of the City of Fort Lauderdale Code of Ordinances, or for which a local disaster or emergency is declared by the President of the United States or the Governor of Florida.

(c)

Excessive price increases prohibited.

(1)

Upon declaration of an emergency pursuant to section 16-51 of this chapter, and through the duration of such emergency, it shall be an unlawful method of competition and an unfair and deceptive trade act or practice for a person or his or her agent or employee doing business with the city to charge more than predatory retail price for any consumer goods, except as provided in subsection 2-277(c)(3).

(2)

Upon declaration of an emergency pursuant to section 16-51 of this chapter, and through the duration of such emergency, it shall be an unlawful method of competition and an unfair and deceptive trade act or practice for a person or his or her agent or employee to impose predatory prices for the rental or lease of any dwelling unit, self-storage facility, or equipment, except as provided in subsection 2-277(c)(3).

(3)

This section does not prevent the seller of consumer goods from charging an amount in excess of the average retail price, if such higher price is 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 can be added to the average retail price.

(4)

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

(5)

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

( Ord. No. C-04-12, § 1, 3-16-04 )