STATE OF FLORIDA EX REL. ABBOTT M. HERRING, AS STATE ATTORNEY FOR THE EIGHTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, APPELLANT,
v.
ALMA C. MURDOCK AND HAL RUSS, APPELLEES
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The State Attorney sought injunctive relief against real estate sellers under Florida's consumer protection statute, claiming they engaged in false advertising. The court affirmed dismissal, holding that real estate transactions do not fall within the statutory definition of 'consumer transactions' eligible for injunctive relief under the specific provision invoked.
Real estate sales do not fall within the statutory definition of 'consumer transaction' in Part II of Chapter 501, and therefore the State Attorney cannot invoke Section 501.207(1)(b) to enjoin alleged false advertising in real estate transactions. Although Chapter 501's general prohibitions on unfair methods of competition may be broad, the specific injunctive remedy is limited to suppliers engaged in consumer transactions as narrowly defined.
[1] The sale of real estate lots does not fall within the statutory definition of a "consumer transaction" under Part II of Chapter 501 of the Florida Statutes.
[2] Statutory definitions must be strictly construed, and courts cannot add to definitions explicitly provided by the legislature.
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Join FLexlaw to unlock all legal intelligence“a sale, lease, assignment, award by chance, or other disposition of an item of goods, a consumer service, or an intangible”
The statutory definition of 'consumer transaction' that does not include real estate lots
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Join FLexlaw to unlock all legal intelligenceThe State Attorney filed a complaint seeking to enjoin Murdock and Russ from false advertising in the sale of real estate lots. The complaint relied o…
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ANSTEAD, Judge.
This is an appeal from an order dismissing a complaint filed by the State Attorney seeking injunctive relief against the appel-lees, Alma C. Murdock and Hal Russ, under the provisions of Part II of Chapter 501 of the Florida Statutes.
The complaint specifically relied on the authority granted in Section 501.207(1)(b) “to enjoin a supplier who ... is violating . . . this part.” A “supplier” is defined in Section 501.203(3), Part II, as someone involved with “consumer transactions.” A “consumer transaction” is defined as:
. a sale, lease, assignment, award by chance, or other disposition of an item of goods, a consumer service, or an intangible . . . ,1
The acts of the appellees sought to be enjoined consisted of the alleged false advertising for sale of real estate lots. The trial court, in granting the motion to dismiss, simply found that the sale of real estate lots did not come within the definition of a consumer transaction as set out above. We agree.
The appellant has correctly pointed out that all “unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce” are made unlawful by Chapter 501.2 Such broad language would appear to include real estate sales, especially in light of the legislative directive to consider decisions of the Federal Trade Commission in construing the provisions of Chapter 501.3 However, we cannot ignore the specific language used by the legislature in Section 501.207(1)(b) restricting its application to a “supplier” as is defined in the statute itself. Perhaps the legislature intended to include real estate sales as a “consumer transaction”; but such sales are not included in the definition of “consumer transaction” explicitly stated in the act; and we cannot properly make such an addition to the definition.
We note that other provisions of Chapter 501 provide for actions against alleged violators of the act without restricting the actions to “suppliers,” so the appellant is not without relief.4 However, the complaint involved here limited the relief sought to that provided in Section 501.-207(l)(b); and, accordingly, the order of the trial court is affirmed.
MAGER, C. J., and ALDERMAN, J., concur. . Section 501.203(1), Florida Statutes.
. Section 501.204(1), Florida Statutes.
. Section 501.204(2), Florida Statutes.
. For example see Sections 501.207(1)(a) and 501.208.
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State v. DE Anza Corp., 416 So. 2d 1173 (Fla. 5th DCA 1982)…ransactions." “Consumer transaction” is defined by section 501.203, Florida Statutes, as “a sale, lease, assignment, award by chance, or other disposition of an item of goods, a consumer service, or an intangible.” State ex rel. Herring v. Murdock, 345 So. 2d 759 (Fla. 4th DCA 1977), held that the sale of real estate lots was not a “consumer transaction,” since a real estate lot is not an item of goods, a consumer service or an intangible. For the same reason, the lease2 of a real estate lot is not a “consum…
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Kingswharf, Ltd. v. Kranz, 545 So. 2d 276 (Fla. 3d DCA 1989)…language would seem to include real estate sales,1 we cannot ignore the statutory definitions and stated purposes of the Act which appear to limit its application to consumer transactions. As stated by the court in State ex rel. Herring v. Murdock, 345 So. 2d 759 (Fla. 4th DCA 1977), Perhaps the legislature intended to include real estate sales as a “consumer transaction”; but such sales are not included in the definition of “consumer transaction” explicitly stated in the act; and we cannot properly make su…
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Larry Kent Homes, Inc. v. Empire OF Am. FSA, 474 So. 2d 868 (Fla. 5th DCA 1985)…n is clearly a contract for the sale and purchase of a real estate lot and residence which does not constitute a "consumer transaction” within the meaning of the Florida Deceptive and Unfair Trade Practices Act. See State ex rel. Herring v. Murdock, 345 So. 2d 759 (Fla. 4th DCA 1977); Annot., "Consumer Protection Act — Scope,” 89 A.L.R.3d 399 (1979). See also State v. DeAnza Corp., 416 So. 2d 1173 (Fla. 5th DCA 1982).…
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