Florida law, undoubtedly intended to protect the most vulnerable citizens?senior citizens and the handicapped?will actually make it harder for many people to find hotel space during an emergency such as a hurricane. Florida law forbids purveyors of “basic needs” to raise prices above the average price 30 days prior to the hurricane.

The state?s Deceptive and Unfair Trade Practices Act imposes penalties of $10,000 per violation of the law, and increases the fine to $15,000 for infractions that involve a handicapped person or a senior citizen. Separate civil penalties may also be assesed, and can range from $1,000 to $25,000. Hotels that advertise their rates are, so far, the ones most likely to be prosecuted if they raise price during periods of extraordinary demand.

This law will preempt genuinely charitable efforts to accomodate the elderly and handicapped citizens. In addition, hotel managers will now weigh the likelihood of litigation when they decide who gets a room in a pinch. We can predict that non-handicapped people and young families are more likely to be turned down, a defensive strategy that makes perfect sense. The Florida Attorney General?s office is telling some of its citizens, in effect, that they don?t deserve a room if there are any old or handicapped folk about (are we kidding?this is Florida!!!), and they might just as well head right to the shelter–or out of state–for the duration.

On the up side, AARP admits members starting at age 50, and nearly 80% of American school children arguably have some type of education “disability,” so for most of us its just a matter of time, probability, and definitions before we all qualify as “preferred” hotel guests in Florida.