State laws vary on what price increases are permitted during a declared disaster. California has set a 10 percent ceiling on price increases. Florida prohibits a price increase “that grossly exceeds the average price” of that same item in the 30 days leading up to the emergency declaration.Fla. Stat. § 501.160(b) (2017). Some state laws do not define what constitutes a “gross disparity,” making it difficult for either affected residents or law enforcement to determine when price gouging has occurred, while others merely limit vendors and landlords to price increases of less than 25 percent.Id.; Ala. Code § 8-31-4 (2017). Laws often include exceptions for price increases that can be justified in terms of the increased cost of supply, transportation, demand, or storage.See Cal. Penal Code § 396 (West 2018). California Penal Code Section 396 permits price increases greater than 10 percent if the vendor demonstrates that the markup results from “the seller's supplier or additional costs of providing the good or service during the state of emergency” and that the price represents no greater than 10 percent above the total cost to seller plus the customary markup. Landlords may also increase the cost of their rental units by an additional 5 percent if they are renting a previously unfurnished residence with furniture.
