IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CIVIL ACTION STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS, CASE NO. DIVISION: vs. Plaintiff, BUENA VISTA MOTEL, INC. and IRENE CSOKASY, Defendants. / COMPLAINT FOR TEMPORARY AND PERMANENT INJUNCTION, AND OTHER STATUTORY RELIEF Plaintiff, State of Florida, Office of the Attorney General, Department of Legal Affairs, and ( OAG ) brings this action against Defendant BUENA VISTA MOTEL, INC. ( Buena Vista Motel, or the motel ) and IRENE CSOKASY ( Csokasy ) for injunctive relief, civil penalties, and other statutory relief brought pursuant to Florida's Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes (2004) ( FDUTPA ), and Section 501.160, Florida Statutes (2004), prohibiting unconscionable prices in the rental or sale of essential commodities during a declared state of emergency, and states: THE PARTIES 1. Office of the Attorney General is statutorily authorized to bring this action under Sections 501.160(8), 501.207 and 812.035(5), F.S. (2004), and is authorized to seek injunctive and other statutory relief thereunder. 2. Buena Vista Motel, at all times material hereto, has conducted business at 5200 Space
Coast Pkwy., Kissimmee, Osceola County, FL, 34746-5346, and operates as an overnight lodging business which offers rooms for rent. 3. Csokasy is a resident of the State of Florida and President and one of two Directors of Buena Vista Motel. JURISDICTION 4. This Court has jurisdiction pursuant to the provisions Florida s Deceptive and Unfair Trade Practices Act and Section 501.160, Fla. Stat. (2004). 5. The violations alleged herein affect more than one judicial circuit in the State of Florida. Moreover, the Office of the State Attorney of the Ninth Judicial Circuit has deferred enforcement of Florida s Deceptive and Unfair Trade Practices violations by Buena Vista Motel and Csokasy in writing to the Department of Legal Affairs, Office of the Attorney General. See attached Exhibit A. 6. The State has conducted an investigation and the Attorney General, Charles J. Crist, Jr., has determined that an enforcement action serves the public interest. 7. Defendants, at all times material hereto have engaged in "trade or commerce" as that term is defined in Section 501.203(8), Florida Statutes (2004). DEFENDANT S UNLAWFUL COURSE OF BUSINESS 8. On August 10, 2004, the Governor of the State of Florida, Jeb Bush, signed Executive Order 04-182, and declared that a State of Emergency exists in the State of Florida, including communities located in southern and southwestern portions of the State, in connection with Tropical Storms Bonnie and Charley. Section 8 of Executive Order 04-182 further provides: 2
In accordance with Sections 501.160(2) and 501.160(3), Florida Statutes, I hereby place all persons on notice that it is unlawful for any person to rent or sell, or offer to rent or sell at an unconscionable price, any essential equipment, services, or supplies whose consumption or use is necessary because of the emergency. Such services shall include, without limiting the generality of the foregoing, any rental of hotel, motel, or other transient lodging facilities, and any rental of storage facilities. In accordance with Sections 501.160 (1)(b), Florida Statutes, any price exceeding the average price for such essential equipment, services, or supplies for the thirty (30) days immediately proceeding the date of this Executive Order shall create a presumption that the price is unconscionable unless such increase is caused by actual costs incurred in connection with such essential equipment, services, or supplies, or is caused by national or international economic trends. (See copy of Executive Order No. 04-182, attached Exhibit B ). 9. On August 13, 2004, Hurricane Charley struck Florida with winds exceeding 145 miles per hour, crossing Florida from coast to coast leaving devastation in its wake. Homes were destroyed. People were killed. Hospitals and nursing homes were critically damaged. Almost two million citizens were evacuated. Thousands of people were without electricity or water for days, even weeks. 10. On or about September 5, 2004, Hurricane Frances struck Florida, and on or about September 16, Hurricane Ivan struck Florida, and the State of Florida is now being threatened by Hurricane Jeanne. 11. During this State of Emergency, essential commodities like lodging, food, water, ice, chemicals, petroleum products, and lumber are necessary for use and consumption for citizens of Florida. Likewise, the rental of a motel, hotel, or other lodging are services which are necessary as a result of the emergency. 12. During this State of Emergency, Defendant Buna Vista Motel and Csokasy engaged, and continues to engage in unconscionable pricing practices, and unconscionable, deceptive and 3
unfair acts and practices in trade and commerce. Even after being contacted by a OAG investigator concerning its prices related to Hurricane Charley, Buena Vista Motel charged unconscionable prices as Hurricane Frances approached. 13. Illustrative of such practices are the following: A. On August 13, 2004, with Hurricane Charley approaching, Martha L. Thibodeau, who resides in a mobile home park in Kissimmee, FL, called Buena Vista Motel to make reservations because of the storm. She was told by Buena Vista Motel that the charge would be $38 plus tax, for a total of $44. However, the motel was not taking reservations and rooms were available first-come, first-served. Just 25 minutes later, Ms. Thibodeau, her husband, and two grandchildren arrived at the hotel and stood in line. Some people ahead of her in line at the time paid $44, but Ms. Thibodeau was charged $75.95, which came to $86.00 including taxes, for room 627. B. During the time Ms. Thibodeau was on line, she observed Csokasy advising a man behind the front desk of the motel to raise the price for rooms. C. Guests who arrived after Ms. Thibodeau paid as much as $108 D. During the 30 days prior to the declaration of the state of emergency, room 627 rented twice, both times for $49.95. E. On the same day, Rex Marttila of Kissimmee, FL, went to Buena Vista Motel to be in a safer place during the Hurricane since he lives in a mobile home. The only room he was able to find was at the Buena Vista Motel. Mr. Marttila was charged $75 plus taxes, for a total of $86, for room 517. 4
F. During the 30 days prior to the declaration of the state of emergency, room 517 rented twice, both times for $39.95. G. On the same day, Steven and Janet Moritz, of Winter Garden, Florida, who live in a mobile home park, were driving along US Hwy 192 in Kissimmee unable to find any vacancies when they found a vacancy at the Buena Vista Motel. Concerned for the safety of his family due to approaching Hurricane Charley, Steven Moritz was offered and took a room at the motel for $89.95 plus tax, totaling $106.65. H. On August 13, 2004, Luis Gonzalez of Kissimmee, Osceola County, Florida, paid $75.90 plus tax for a room at Buena Vista Motel. I. On August 13, 2004, Francis P. Wisman, of Kissimmee, Osceola County, Florida, paid $85.95 plus tax for room 511 at Buena Vista Motel. During the 30 days prior to the declaration of the state of emergency, room 511 rented for an average of $41.95 per night. J. On August 13, 2004, Donna Saskon of St. Petersburg, Pinellas County, Florida, situated within the Sixth Judicial Circuit, paid $65.95 plus tax for room 519 at Buena Vista Motel. K. During the 30 days prior to the declaration of the state of emergency, room 519 rented for an average of $46.62 per night. L. On September 1, 2004, with Hurricane Frances approaching, Timothy Lemuttey, who had been staying in a camper at nearby Sherwood Forest Campground, sought refuge from the storm at the Buena Vista Motel. Mr. 5
Lemuttey had stayed at the motel on previous occasions, paying approximately $30.00 per night, but was quoted a rate of $109.00 for the night of September 1. M. Upon information and belief, numerous persons paid unconscionable rates such as those quoted to Mr. Lemuttey while seeking safety from Hurricane Frances. N. Buena Vista Motel s own web site has advertised that the Rate Range for the motel is $29-95-65.00, Holidays, Special Events, and High Season excluded. See Exhibit C. O. Neither August 13, 2004, nor September 1, 2004, was a holiday. Moreover, as of August 19, 2004, Buena Vista Motel s own web site contained a coupon advertising a SEASON SPECIAL of $35.95 for one or two people with the coupon. See Exhibit D. P. The motel s business card, attached as Exhibit E, advertises Excellent Value $29.95/$65.95, Holidays; Special Events: High Season Excluded. 14. The representations Buena Vista Motel made as to cost of its hotel rooms as set forth herein were false, deceptive and misleading, in that the actual cost charged to consumers for the rooms was grossly higher than the represented price. COUNT I UNCONSCIONABLE PRICING DURING DECLARED STATE OF EMERGENCY (VIOLATIONS OF SECTION 501.160, FLORIDA STATUTES) 15. The State realleges and incorporates by reference paragraphs 8-14 and all exhibits 6
referred to, as if fully set forth herein, and further alleges: 16. Section 501.160, Fla. Stat. (2004), provides it is prima facie evidence that a price is unconscionable if the amount charged represents a gross disparity between the present price and the average price charged, in the usual course of business, during the thirty days prior to a declaration of a state of emergency, or the price grossly exceeds the average prices at which the same or similar goods were available 30 days immediately prior to the state of emergency. 17. By conducting the activities described in paragraphs 8-14 above, Buena Vista Motel and Csokasy have violated 501.160, Fla. Stat., by charging unconscionable prices. 18. As set forth in 501.160 (3), charging unconscionable prices in a declared state of emergency is a violation of the Florida Deceptive and Unfair Trade Practices Act, 501.204, Fla. Stat. (2004). By undertaking the activities described in paragraphs 8-14 above, Buena Vista Motel and Csokasy have thereby engaged in unconscionable, unfair and deceptive acts and practices in violation of 501.204, Fla. Statutes. 19. These above-described acts and practices of Buena Vista Motel and Csokasy have injured and will likely continue to injure and prejudice the public. 20. Defendant willfully engaged in the acts and practices when it knew or should have known that said acts and practices were unfair or deceptive or prohibited by law. 21. Unless Buena Vista Motel is temporarily and permanently enjoined from engaging further in the acts and practices herein complained of, the continued activities of Buena Vista Motel and Csokasy will result in irreparable injury to the public for which there is no adequate remedy at law. Specifically, if Buena Vista Motel is not enjoined, persons who are fleeing a future storm who cannot afford the motel s unconscionably high prices during states of emergency may be injured or 7
killed or exposed to dangerous conditions. Indeed, elderly persons were observed leaving the motel without getting a room after being informed of the price. COUNT II FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT 22. The State realleges and incorporates by reference paragraphs 8-14 and all exhibits referred to, as if fully set forth herein, and further alleges: 23. Section 501.204(1), Fla. Stat. (2004), declares unconscionable acts or practices in the conduct of any trade or commerce to be unlawful. 24. As set forth in paragraphs 8-14, above, Buena Vista Motel and Csokasy have committed acts or practices in trade or commerce which shock the conscience, engaged in representations, acts, practices or omissions which are material, and which are likely to mislead consumers acting reasonably under the circumstances; or Defendants have committed acts or practices in trade or commerce which offend established public policy and are unethical, oppressive, unscrupulous or substantially injurious to consumers. Thus, Defendants have engaged in unfair or deceptive acts or practices in the conduct of any trade or commerce in violation of 501.204(1), Fla. Stat.(2004). 25. These above-described acts and practices of Buena Vista Motel and Csokasy have injured and will likely continue to injure and prejudice the public. 26. Defendant have willfully engaged in the acts and practices when it knew or should have known that such acts and practices were unfair or deceptive or otherwise prohibited by law. 27. Unless Buena Vista Motel and Csokasy are temporarily and permanently enjoined 8
from engaging further in the acts and practices complained of, the continued activities of Buena Vista Motel and Csokasy will result in irreparable injury to the public for which there is no adequate remedy at law. RELIEF REQUESTED 28. WHEREFORE, Plaintiff, State of Florida, Office of the Attorney General, Department of Legal Affairs, asks for judgment: A. Temporarily and permanently enjoining Defendant Buena Vista Motel, Csokasy, its other officers, agents, servants, employees, attorneys and those persons in active concert or participation with them who receive actual notice of the injunction, from engaging in the acts and practices in violation of provisions of Chapter 501, Part II, Florida Statutes (2004), and 501.160 as specifically alleged above, and any similar acts and practices; B. Assessing against Defendant Buena Vista Motel and Csokasy civil penalties in the amount of Ten Thousand Dollars ($10,000) for each violation of Chapter 501, Part II, Florida Statutes (2004); and Fifteen Thousand Dollars ($15,000) for each such violation that victimizes, or attempts to victimize, a senior citizen or handicapped person, in accordance with 501.2077, Fla. Stat. (2004). C. Awarding to Plaintiff, the State, all reasonable attorney's fees and costs pursuant to 501.2105, Fla. Stat. (2004); D. Awarding actual damages caused to consumers by Defendant s acts and practices in violation of FDUTPA, pursuant to Section 501.207(1)(c), Fla. 9
Stat. (2004); E. Assessing against Defendant Buena Vista Motel and Csokasy civil penalties in the amount of One Thousand Dollars ($1,000) for each violation of 501.160, Fla. Stat. (2004) in accordance with 501.164, Fla. Stat. (2004); F. Imposing reasonable restrictions upon the future activities of Defendants Buena Vista Motel and Csokasy including, but not limited to, prohibiting the Defendant from engaging in the same alleged type of endeavor; G. Order the suspension or revocation of all licenses, permits or prior approval granted to Defendants by any State department or agency; H. Award Plaintiff, the State, all such costs and attorney fees as may be taxable by law; and I. Granting such other relief as this Honorable Court deems just and proper. Respectfully submitted, CHARLES J. CRIST, JR. ATTORNEY GENERAL ANDREW BENNETT SPARK ASSISTANT ATTORNEY GENERAL Florida Bar # 0899811 Office of the Attorney General Department of Legal Affairs 135 W. Central Blvd., Suite, 1000 Orlando, FL 32801 (407) 317-7007 (telephone) (407) 245-0645 (facsimile) 10