There may be times in our lives when we face a natural disaster. In these times, it's difficult to
focus on the various tasks that need to be handled. We have put together some quick tips to help
aid consumers in making the right decision when disaster strikes.
Price Gouging
In the wake of a natural disaster, essentials - such as fuel, food, ice, generators, lanterns,
lumber, lodging, etc. - may be in short supply. Charging exorbitant or excessive prices for these
and other necessities following a disaster is not only unethical, it's illegal. Under Sections
501.160 and 501.205 Florida Statutes, it is illegal to charge unconscionable prices for goods or
services following a declared state of emergency. Individuals or businesses found guilty of price
gouging could face fines up to $1,000 per violation, or up to a maximum of $25,000 per day.
Report price gouging by calling the Florida Department of Agriculture and Consumer Services at
1-800-HELP-FLA (435-7352), or request Price Gouging Complaint Form be sent to you via mail.
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Home Repair
- Know your contractor. A frequent problem after a disaster are "fly-by-night" contractors
who take deposits before starting work or final payments before finishing. Ask for a list of
recent customers and call them for references.
- Get at least three estimates. Be certain the estimates are itemized and for the same work.
Variations in the proposals should be noted.
- Beware of repair businesses or individuals who solicit door-to-door, arrive in unmarked
vehicles, have a post office box or temporary address, claim they are from another county or
state and are in the area solely to help disaster victims, or offer to work for you only if
you secure the necessary permits.
- Make sure you obtain information about the Florida's Construction Lien Law by calling the
Florida Department of Business and Professional Regulation at (850) 487-1395. It is very
important that you understand how this law works to ensure you don't pay twice for the same
job.
- Check on the contractor's address, license and complaint history by contacting the Florida
Department of Business and Professional Regulation through their web site located at
www.myfloridalicense.com or via telephone at (850) 487-1395, or contact your city or county
building department. For further complaint information, call the Florida Department of
Agriculture and Consumer Services at 1-800-HELP-FLA (435-7352).
Have a written contract for your repairs and understand it before you sign. A contract should
include, at a minimum, the following:
- It should be specific about the work to be done and the exact type of materials to be used.
- The contract should show a beginning date and final completion date. If a penalty assessment is stated
for failing to meet the completion date, the amount of the penalty should be stated and how it is to be
assessed.
- The contract should specify the terms of payment.
- Any warranties or guarantees of workmanship and materials should be explicitly stated in the contract.
Be sure of the duration and what is covered.
- If the contract is on a "cost plus" or hourly basis, get a written estimate and, if possible, a
"ceiling" (maximum amount to be paid).
- The contract should specify that the contractor is to obtain all permits or variances, carries full
insurance on all employees and "subcontractors," releases you from all liens, and provides for a proper
clean up.
Some home improvement or repair contracts may be canceled without penalty or obligation by midnight of
the third business day after signing. They are:
- Those signed at a place other than the seller's normal place of business, unless you requested the
specific product or service.
- All door-to-door agreements, except for emergency home repairs.
- Those paid on an installment basis.
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Credit and Finances
- If you are unable to pay your bills, contact your creditors and lending institutions and
try to work out a payment schedule. Do not wait until they contact you for being delinquent
on the payments.
- Contact the National Foundation for Consumer Credit Counseling (NFCC) at 1-800-388-2227
for help in negotiating with creditors.
- If seeking a loan, shop around. Compare finance charges and interest rates for various
lending institutions before signing a contract.
- Avoid doing business with anyone who, for an advance fee, "guarantees" you a loan.
- Contact the Florida Department of Financial Services at 1-800-342-2762 to check on a
finance company before signing a contract.
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Giving to Charity
- Beware of people soliciting contributions on behalf of victims of a natural disaster. Ask the
name of the organization they represent. Do not judge an organization solely on a name that sounds
impressive. Many organizations use names similar to well-known charities and organizations. Know
who is asking for your money.
- Beware of pressure tactics. Reputable organizations won't pressure you to give today; they
will gladly accept your gift at a future date.
- Not all organizations soliciting are true charities eligible to receive tax-deductible
contributions. Ask if donations are tax deductible. Verify the information with the Internal
Revenue Service (IRS).
- Never give cash. Contribute by check payable to the organization, never to an individual's name.
- Charitable solicitation organizations must register with the state. To check on a group's
registration or complaint history, call the Florida Department of Agriculture and Consumer Services at
1-800-HELP-FLA (435-7352). You can also view our online Gift Givers' Guide for up-to-date charitable
organizations financial information.
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Landlord/Tenant Law
- If, due to a disaster, the landlord refuses to renew your lease, terminates your
month-to-month rental agreement, or increases your rent substantially, you can seek a court
decision on whether the rental agreement or any part of it is unconscionable or if the landlord is
acting in a retaliatory manner.
- If the premises is damaged or destroyed due to powers beyond your control and it is rendered
unlivable, you may move out and stop paying rent. First you must give notice, in writing, by
hand-delivery or certified mail, to the landlord, describing the condition of the home and your
intention to vacate. In the letter, include an address where your deposit(s) should be sent.
- When you move out, the landlord must either return your deposit (plus interest, if applicable)
within 15 days of termination of the lease if the landlord does not intend to impose a claim upon
the security deposit; or justify in writing by certified mail, to the tenant's last known mailing
address within 30-days upon termination of a lease, as to why they are keeping a portion of, or
all of the deposit. If the notice is not sent as required within the 30-day period, the landlord
forfeits his/her right to impose a claim upon the deposit, unless you fail to give proper notice
prior to vacating. If you object to the claim, you may take the matter to small claims court.
- Keep a copy of any notice you give to the landlord in addition to any notices received.
- Take pictures of the home, inside and out, showing the damage and keep them for your records.
The pictures will be important should you have to defend yourself in court on an eviction
procedure, or if the landlord refuses to return your deposit because you terminated your rental
agreement early because of damage to the home.
- If the rental home is damaged but is still livable, you only have to pay rent for the value of
the part you can use. Before withholding rent, give notice to the landlord, in writing,
by hand-delivery or certified mail, advising the landlord of the problems, requesting they be
fixed within a specified period of time, and stating the deduction for the fair rental value of
the part of the premises damaged or destroyed.
- If you are unable to pay the full rent due to financial difficulties caused by a natural
disaster, talk with the landlord and try to reach a mutually agreeable solution. Do not wait until
the rent is past due.
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Important Numbers and Resources
FEMA (Federal Emergency Management Agency) Registration
1-800-621-FEMA (3362), TTY: 1-800-462-7585
State of Florida Emergency Information 24-hour hotline (FEIL)
1-800-342-3557
Florida Department of Agriculture and Consumer Services Hotline
1-800-HELP-FLA (435-7352), ¡Español! 1-800-FL-AYUDA (352-9832)
State Volunteer and Donations Hotline
1-800-FL-HELP1 (354-3571)
Elder Affairs
1-800-96-ELDER (963-5337)
Florida Department of Financial Services Insurance Claim Hotline
1-800-22-STORM (227-8676)
Agency for Workforce Innovation Unemployment Claims Emergency Hotline
1-800-204-2418
Salvation Army Donation Helpline
1-800-SAL-ARMY (725-2769)
American Red Cross
1-800-HELP-NOW (435-7669)
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