In preparation to combat price gouging should a state of emergency be declared at any time during Hurricane Season, the Miami-Dade County Consumer Services Department (CSD) has completed a county-wide survey of prices of essential commodities.
Declaration of a state of emergency triggers anti-price gouging provisions of both a state law and a Miami-Dade County ordinance under which providers of goods can be prosecuted if they use a disaster to hike prices.
These laws ban retailers from charging unconscionable prices for goods likely to be in greater demand if there is a disaster. An "unconscionable price" would be determined by comparing the price asked during an emergency, with the price charged for the same commodity during the preceding 30-day period.
To create a baseline from which comparisons can be made, investigations conducted and offenders prosecuted, a team of enforcement officers from CSD's Consumer Protection Division has documented the average prices of a number of essential commodities, including ice, coolers, generators, flashlights, batteries, chainsaws, power drills and plywood.
In the event of Miami-Dade County being hit by a storm or other natural or man-made disaster, a state of emergency could be declared by the Governor, the County Mayor, the Board of County Commissioners, the County Manager or the Director of the Miami-Dade Police Department, thus triggering the anti-price gouging regulations.
In actions taken by CSD, the maximum fines for price gouging range from $500 in an administrative hearing to $10,000 in a civil court action. Where the State Attorney's Office initiates the prosecution, offenders can be sentenced to 60 days in jail as well as being fined.
Hurricane Season runs June 1 to November 30.