The 2023 Florida Statutes
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Defendant Interinvestments has also alleged that Plaintiffs cannot state a claim for a violation of the FDUPTA in count VII against it because FDUPTA provides that it does not apply to "[a]n act or practice involving the sale lease, rental or appraisal of real estate by a person licensed, certified or registered pursuant to chapter 475, which act or practice violates s. 475.42 or s. 475.626." Fla. Stat. § 501.212(6). Defendant Interinvestments argue that Plaintiffs' allegations that Interinvestments provided false or misleading information to induce them to purchase real estate fall within the scope of Fla. Stat. § 475.42(1)(f) and thus, Plaintiffs cannot state a viable claim against Interinvestments for a violation of FDUPTA. The Court, however, finds that whether Interinvestments is "a person licensed, certified or registered pursuant to chapter 475" is a question of fact, which is inappropriate for this Court to resolve in considering a motion to dismiss. The Court disagrees that it is apparent from the face of the complaint that Interinvestments is such a person. Accordingly, Interinvestments's motion to dismiss with prejudice on this ground is denied.
Section 501.212(6) exempts from the FDUTPA "[a]n act or practice involving the sale, lease, rental, or appraisal of real estate by a person licensed, certified, or registered pursuant to chapter 475, which act or practice violates s. 475.42 or s. 475.626." FLA. STAT. § 501.212(6). This exemption applies only to a person licensed, certified, or registered under chapter 475 of the Florida Statutes. Peters has not alleged The Keyes Company is licensed, certified, or registered under chapter 475. And The Keyes Company has offered nothing more than its assertions that it is licensed, certified, or registered under chapter 475. See, e.g., Sea Shelter IV, LLC v. TRG Sunny Isles V, Ltd., No. 08-21767-CIV, 2009 WL 692469, at *6 (S.D. Fla. Mar. 17, 2009) (allowing a defendant to show, at the motion to dismiss stage, that "it is licensed under Chapter 475 by submitting records regarding its license from the Florida Department of Business and Professional Regulation"). The Keyes Company therefore has not demonstrated its conduct falls within section 501.212(6).
As to defendants D W, GDW, Robb, Kreitner, and D'Alessandro, defendants Robb and Kreitner argue (and the remaining defendants join the argument) that plaintiffs' FDUTPA claims should be dismissed because the claims are statutorily precluded by § 501.212(6), which excludes the application of FDUTPA to, among other things, "[a]n act or practice involving the sale, lease, rental, or appraisal of real estate by a person licensed, certified, or registered pursuant to chapter 475, which act or practice violates § 475.42 or § 475.626." FLA. STAT. § 501.212(6). Defendants claim that the statutory exclusion applies to them.
(6) An act or practice involving the sale, lease, rental, or appraisal of real estate by a person licensed, certified, or registered pursuant to chapter 475, which act or practice violates s. 475.42 or s. 475.626.
. . . licensed, certified, or registered pursuant to chapter 475, which act or practice violates § 475.42 or § 475.626 . . .