State, Dept. of Agriculture v. Quick Cash of Tallahasee, Inc.

609 So. 2d 735, 1992 WL 355446
CourtDistrict Court of Appeal of Florida
DecidedDecember 4, 1992
Docket92-41
StatusPublished
Cited by4 cases

This text of 609 So. 2d 735 (State, Dept. of Agriculture v. Quick Cash of Tallahasee, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State, Dept. of Agriculture v. Quick Cash of Tallahasee, Inc., 609 So. 2d 735, 1992 WL 355446 (Fla. Ct. App. 1992).

Opinion

609 So.2d 735 (1992)

STATE of FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF CONSUMER SERVICES, Appellant,
v.
QUICK CASH OF TALLAHASSEE, INC., a Florida Corporation, Appellee.

No. 92-41.

District Court of Appeal of Florida, First District.

December 4, 1992.

Gabriel Mazzeo, Dept. of Agriculture and Consumer Services, Tallahassee, for appellant.

Larry D. Simpson of Judkins & Simpson, P.A., Tallahassee, for appellee.

WEBSTER, Judge.

The Department of Agriculture and Consumer Services, Division of Consumer Services (Division) appeals a summary final judgment in favor of Quick Cash of Tallahassee, Inc. (Quick Cash). The summary judgment was based upon the conclusion of law that the Division lacked standing to bring the action, which sought injunctive relief and damages, for alleged violations of various of the state's laws "relating to consumer protection." Because we conclude that the legislature has authorized the Division to maintain such actions, we reverse.

The Division's complaint alleges that Quick Cash is a "pawnbroker," as defined in section 538.03(1)(c), Florida Statutes (Supp. 1990); and that it is registered with the Department of Revenue as a "secondhand dealer," pursuant to section 538.09, *736 Florida Statutes (Supp. 1990). According to the complaint, Quick Cash "is in the business of ... making loans to consumers using the consumer's automobile, or the automobile's title, as collateral for the loan." The complaint alleges, further, that Quick Cash "attempts to disguise the interest charged on the loans through a lease of the automobile to the consumer for a `rental fee[,]'" which is, "in fact[,] interest charged on the principal of the loan"; and that "[t]he interest rates for these loans are usurious, and in violation of [c]hapter 687, Florida Statutes."

The complaint also contains the following allegations:

The Division is charged with the responsibility of... protecting the rights and interests of the consumers of the State of Florida. The Division has authority pursuant to [s]ection 570.544(11), Florida Statutes (Supp. 1990), to commence legal proceedings to enjoin those persons the Division has reason to believe are in violation of the laws of the state relating to consumer protection and may seek appropriate relief on behalf of consumers who have been damaged by such violations.

According to the complaint, Quick Cash's "business of ... making loans to consumers using the consumer's automobile, or the automobile's title, as collateral for the loan" constitutes "unfair and deceptive acts or practices in the conduct of trade or commerce, as contemplated and prohibited by [s]ection 501.204, Florida Statutes (Supp. 1990)." In addition, the complaint alleges that Quick Cash's business violates the following "laws of the state relating to consumer protection," and "has damaged and is damaging the consumer of this state": usury laws (ch. 687, Fla. Stat.); pawnbroker laws (ch. 538, Fla. Stat.); consumer finance laws (ch. 516, Fla. Stat.); motor vehicle retail sales finance laws (ch. 520, Fla. Stat.); motor vehicle sales laws (ch. 320, Fla. Stat.); and federal truth-inlending laws (15 U.S.C. §§ 1601 et seq.). The complaint requests the entry of temporary and permanent injunctions prohibiting Quick Cash from committing further "deceptive acts or practices" or violating any of the "consumer protection laws" cited; the entry of "a permanent prohibitory injunction restoring to any Florida consumers any motor vehicle lost as a result of an unlawful transaction as described in this complaint, or the value thereof"; the award of damages to Quick Cash's "Florida consumers ... in an amount equal to three-fold the damages sustained by the consumer, but not less than $200 each"; forfeiture to Quick Cash's "Florida consumers" of "all interest exceeding 18 percent per annum[,] ... all interest and all principal where interest exceeds 24 percent per annum[] and ... double the amount of interest collected on any loan where interest exceeds 18 percent per annum"; and attorney fees and costs.

Quick Cash filed an answer, in which it admitted that it was a "pawnbroker" and that it was registered with the Department of Revenue as a "secondhand dealer"; and denied all of the remaining material allegations of the complaint. Quick Cash also raised as affirmative defenses failure to state a cause of action; that the Division lacked "standing and statutory authority to bring [the] action"; and that the Division had singled out Quick Cash "for selective prosecution[,] while others similarly situated are permitted to operate under color of state law," thereby violating Quick Cash's "right[s] to equal protection of the laws and ... due process under the Florida and Federal constitutions."

The Division then filed a motion requesting partial summary judgment on two issues, as to which it represented there was no genuine issue as to any material fact: "[w]hether a pawn, and specifically a `buy-sell agreement' as defined in [s]ection 538.03(1)(d)2, Fla. Stat. (Supp. 1990), is permitted to be made with an automobile"; and whether the Division "has statutory authority and standing to bring this action." Quick Cash responded with its own motion for summary judgment, representing that no genuine issue existed as to any material fact, and that it was entitled to the entry of a final judgment holding that the Division "lacks statutory authority and standing to bring this action"; and "[t]hat the laws of *737 the State of Florida do not prohibit the pawn of an automobile and/or automobile title."

To support its claim that it "ha[d] statutory authority and standing to bring this action," the Division relied upon section 570.544(11), Florida Statutes (Supp. 1990). That section reads:

If the [D]ivision by its own inquiry, or as a result of complaints, has reason to believe that a violation of the laws of the state relating to consumer protection has occurred or is occurring, that the interests of the consumers of this state have been damaged or are being damaged, or that the public health, safety, or welfare is endangered or is likely to be endangered by any consumer product or service, the [D]ivision may commence legal proceedings in circuit court to enjoin such act or practices or the sale of such product or service and may seek appropriate relief on behalf of such consumers. Upon application by the [D]ivision, a hearing shall be held within 3 days after the commencement of such proceedings.

The Division argued that the complaint alleged facts which, if true, would establish (1) that Quick Cash had violated "laws of the state relating to consumer protection"; (2) "that the interests of the consumers of this state [had] been damaged or [were] being damaged" by Quick Cash; and (3) "that the public health, safety, or welfare [was] endangered or [was] likely to be endangered by [the] consumer ... service" being offered by Quick Cash. Therefore, according to the Division, section 570.544(11) clearly conferred upon it the authority to maintain the action.

In response, Quick Cash argued that section 570.544(11) had not been intended by the legislature to expand the Division's authority. Rather, according to Quick Cash, it was necessary to read section 570.544(11) together with section 570.544(10), which reads:

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Bluebook (online)
609 So. 2d 735, 1992 WL 355446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-dept-of-agriculture-v-quick-cash-of-tallahasee-inc-fladistctapp-1992.