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TALLAHASSEE - Attorney General Charlie Crist today announced price gouging charges against a Central Florida business for attempting to charge almost nine times the going rate in order to remove trees from the yards of Orange County homeowners in the wake of Hurricane Charley.
The Attorney General's Office today filed a complaint for price gouging and unfair and deceptive trade practices against Sun State Trees & Property Maintenance, Inc., a Casselberry company that has been in business for at least five years. The complaint alleges that Sun State engaged in "unconscionable, deceptive and unfair acts and practices" in offering and providing tree removal services following the hurricane.
"Two weeks after Hurricane Charley devastated vast portions of our state, we are still building cases against those who have tried to take advantage of their neighbors in need," said Crist. "We simply will not tolerate price gouging in any form. We continue to build strong cases arising out of Hurricane Charley, even as we begin hearing complaints of possible gouging relating to the approach of Hurricane Frances."
The complaint, which was filed today in Circuit Court in Seminole County, details the case of two Winter Park neighbors who obtained an estimate from Sun State after three trees in one man's yard fell onto the other man's house, damaging the roof. According to the complaint, Sun State provided an estimate of $30,000 for tree removal services and gave invoices for $15,000 to each of the neighbors.
Sun State removed one tree on August 15, two days after Hurricane Charley hit Florida, and arranged to return the next day to remove the remaining trees. The next day, however, the neighbors complained to Sun State about the high cost of the tree removal service, and a Sun State supervisor offered to complete the job for a total cost of $11,000. According to the complaint, the average price in Central Florida for the removal of three trees during the 30-day period preceding the declaration of a state of emergency was approximately $3,359.14 – almost nine times less than the original Sun State estimate and over three times less than the revised price.
The Attorney General's complaint against Sun State alleges violations of Florida's price gouging statute, and the Florida Deceptive and Unfair Trade Practices Act. Provisions of the statute and act took effect when Governor Jeb Bush declared a state of emergency on August 10, 2004. Attorneys for the state are seeking a temporary injunction to prohibit Sun State from charging unconscionable prices for any goods or services for the remainder of Florida's state of emergency.
The Attorney General's Office has sued hotels in West Palm Beach, Lakeland, Ocala and Sarasota for improperly inflating prices for rooms sought by consumers fleeing the onslaught of Hurricane Charley. The Attorney General's Office has also filed a price gouging complaint against a Jacksonville tree removal service, and the Fraud Prevention Team worked with the Charlotte County Sheriff's Office to bring about the arrest of an out-of-state roofer for operating without a valid Florida contractor's license
Florida's price gouging statute requires that the cost of necessities like food and water must remain at the price that was average during the 30 days immediately preceding a major storm like Hurricane Charley. Otherwise, violators of the price gouging statute are subject to civil penalties of $1,000 per violation up to a total of $25,000 for multiple violations committed in a single 24-hour period. Florida's Deceptive and Unfair Trade Practices Act provides for civil penalties of $10,000 per violation or $15,000 for violations that victimize a senior citizen or handicapped person.
Citizens may report suspected instances of price gouging by calling the Attorney General's hotline at 1-800-646-0444.
For a copy of the complaint against Sun State Trees & Property Maintenance, Inc., go to: http://www.myfloridalegal.com/sunstatecomplaint.pdf
