Florida’s price gouging laws are designed to protect consumers from extreme price increases during a declared state of emergency. Under Florida Statutes section 501.160, once the Governor declares a state of emergency—such as during a hurricane, natural disaster, or public health crisis—it becomes unlawful for businesses to sell or offer essential goods and services at unconscionable prices. These laws apply to both in-person and online sales and are enforced to prevent sellers from taking unfair advantage of emergency conditions.

Price gouging generally occurs when the price of an essential item or service increases by more than 25 percent above the average price charged in the 30 days immediately before the emergency declaration, unless the seller can show that the increase is directly attributable to higher costs from suppliers or other legitimate business expenses. Essential goods and services include necessities such as food, water, ice, gas, lodging, medical supplies, building materials, and repair services needed as a result of the emergency.

Violations of Florida’s price gouging laws can result in significant penalties. The Florida Attorney General has the authority to investigate complaints, seek injunctions, require restitution to affected consumers, and impose civil penalties of up to $1,000 per violation, with a maximum of $25,000 per day during the emergency period. In some cases, repeated or willful violations may also expose businesses to additional legal consequences.

These laws remain in effect for the duration of a declared state of emergency and are designed to strike a careful balance between protecting consumers and allowing legitimate businesses to continue operating. Although businesses may pass along reasonable and documented increases in their own costs, they must be prepared to justify those price increases if questioned or challenged. Consumers who believe they have been subjected to price gouging are encouraged to report the matter to the Florida Attorney General’s Office for review and potential enforcement action. Attorney Eliot Dempsey and the Dempsey Law Firm are also available to assist individuals and families who believe they have been unfairly overcharged, providing guidance on their rights and helping them pursue appropriate legal remedies under Florida law.