HB 789 Summary

• Establishes the Florida Free Enterprise Act by creating section 501.002, Florida Statutes, prohibiting governmental entities from establishing regulatory minimum prices for lawful goods or services.

• Designates the establishment of regulatory minimum prices or service classifications that apply differently to competing businesses as unfair or deceptive regulatory acts under the Florida Deceptive and Unfair Trade Practices Act.

• Requires the Department of Agriculture and Consumer Services to identify and notify any state agency or governmental entity of noncompliant regulatory minimum prices.

• Allows persons adversely affected by violations to sue for declaratory relief, injunctive relief, reasonable attorney fees and costs, and actual damages up to $1 million, with interest accruing at the legal rate from the date suit was filed.

• Exempts minimum wages established by governmental entities and regulatory fees such as permit fees, license fees, and impact fees from the restrictions imposed by this act; takes effect July 1, 2015.