The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 517
SECURITIES TRANSACTIONS

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F.S. 517.061

517.061 Exempt transactions.—Except as otherwise provided in s. 517.0611 for a transaction listed in subsection (21), the exemption for each transaction listed below is self-executing and does not require any filing with the office before claiming the exemption. Any person who claims entitlement to any of the exemptions bears the burden of proving such entitlement in any proceeding brought under this chapter. The registration provisions of s. 517.07 do not apply to any of the following transactions; however, such transactions are subject to the provisions of ss. 517.301, 517.311, and 517.312:

(1) At any judicial, executor’s, administrator’s, guardian’s, or conservator’s sale, or at any sale by a receiver or trustee in insolvency or bankruptcy, or any transaction incident to a judicially approved reorganization in which a security is issued in exchange for one or more outstanding securities, claims, or property interests.

(2) By or for the account of a pledgeholder or mortgagee selling or offering for sale or delivery in the ordinary course of business and not for the purposes of avoiding the provisions of this chapter, to liquidate a bona fide debt, a security pledged in good faith as security for such debt.

(3) The isolated sale or offer for sale of securities when made by or on behalf of a vendor not the issuer or underwriter of the securities, who, being the bona fide owner of such securities, disposes of her or his own property for her or his own account, and such sale is not made directly or indirectly for the benefit of the issuer or an underwriter of such securities or for the direct or indirect promotion of any scheme or enterprise with the intent of violating or evading any provision of this chapter. For purposes of this subsection, isolated offers or sales include, but are not limited to, an isolated offer or sale made by or on behalf of a vendor of securities not the issuer or underwriter of the securities if:

(a) The offer or sale of securities is in a transaction satisfying all of the requirements of subparagraphs (11)(a)1., 2., 3., and 4. and paragraph (11)(b); or

(b) The offer or sale of securities is in a transaction exempt under s. 4(1) of the Securities Act of 1933, as amended.

For purposes of this subsection, any person, including, without limitation, a promoter or affiliate of an issuer, shall not be deemed an underwriter, an issuer, or a person acting for the direct or indirect benefit of the issuer or an underwriter with respect to any securities of the issuer which she or he has owned beneficially for at least 1 year.

(4) The distribution by a corporation, trust, or partnership, actively engaged in the business authorized by its charter or other organizational articles or agreement, of securities to its stockholders or other equity security holders, partners, or beneficiaries as a stock dividend or other distribution out of earnings or surplus.

(5) The issuance of securities to such equity security holders or other creditors of a corporation, trust, or partnership in the process of a reorganization of such corporation or entity, made in good faith and not for the purpose of avoiding the provisions of this chapter, either in exchange for the securities of such equity security holders or claims of such creditors or partly for cash and partly in exchange for the securities or claims of such equity security holders or creditors.

(6) Any transaction involving the distribution of the securities of an issuer exclusively among its own security holders, including any person who at the time of the transaction is a holder of any convertible security, any nontransferable warrant, or any transferable warrant which is exercisable within not more than 90 days of issuance, when no commission or other remuneration is paid or given directly or indirectly in connection with the sale or distribution of such additional securities.

(7) The offer or sale of securities to a bank, trust company, savings institution, insurance company, dealer, investment company as defined by the Investment Company Act of 1940, pension or profit-sharing trust, or qualified institutional buyer as defined by rule of the commission in accordance with Securities and Exchange Commission Rule 144A, 17 C.F.R. s. 230.144(A)(a), whether any of such entities is acting in its individual or fiduciary capacity; provided that such offer or sale of securities is not for the direct or indirect promotion of any scheme or enterprise with the intent of violating or evading any provision of this chapter.

(8) The sale of securities from one corporation to another corporation provided that:

(a) The sale price of the securities is $50,000 or more; and

(b) The buyer and seller corporations each have assets of $500,000 or more.

(9) The offer or sale of securities from one corporation to another corporation, or to security holders thereof, pursuant to a vote or consent of such security holders as may be provided by the articles of incorporation and the applicable corporate statutes in connection with mergers, share exchanges, consolidations, or sale of corporate assets.

(10) The issuance of notes or bonds in connection with the acquisition of real property or renewals thereof, if such notes or bonds are issued to the sellers of, and are secured by all or part of, the real property so acquired.

(11)(a) The offer or sale, by or on behalf of an issuer, of its own securities, which offer or sale is part of an offering made in accordance with all of the following conditions:

1. There are no more than 35 purchasers, or the issuer reasonably believes that there are no more than 35 purchasers, of the securities of the issuer in this state during an offering made in reliance upon this subsection or, if such offering continues for a period in excess of 12 months, in any consecutive 12-month period.

2. Neither the issuer nor any person acting on behalf of the issuer offers or sells securities pursuant to this subsection by means of any form of general solicitation or general advertising in this state.

3. Before the sale, each purchaser or the purchaser’s representative, if any, is provided with, or given reasonable access to, full and fair disclosure of all material information.

4. No person defined as a “dealer” in this chapter is paid a commission or compensation for the sale of the issuer’s securities unless such person is registered as a dealer under this chapter.

5. When sales are made to five or more persons in this state, any sale in this state made pursuant to this subsection is voidable by the purchaser in such sale either within 3 days after the first tender of consideration is made by such purchaser to the issuer, an agent of the issuer, or an escrow agent or within 3 days after the availability of that privilege is communicated to such purchaser, whichever occurs later.

(b) The following purchasers are excluded from the calculation of the number of purchasers under subparagraph (a)1.:

1. Any relative or spouse, or relative of such spouse, of a purchaser who has the same principal residence as such purchaser.

2. Any trust or estate in which a purchaser, any of the persons related to such purchaser specified in subparagraph 1., and any corporation specified in subparagraph 3. collectively have more than 50 percent of the beneficial interest (excluding contingent interest).

3. Any corporation or other organization of which a purchaser, any of the persons related to such purchaser specified in subparagraph 1., and any trust or estate specified in subparagraph 2. collectively are beneficial owners of more than 50 percent of the equity securities or equity interest.

4. Any purchaser who makes a bona fide investment of $100,000 or more, provided such purchaser or the purchaser’s representative receives, or has access to, the information required to be disclosed by subparagraph (a)3.

5. Any accredited investor, as defined by rule of the commission in accordance with Securities and Exchange Commission Regulation 230.501, 17 C.F.R. s. 230.501.

(c)1. For purposes of determining which offers and sales of securities constitute part of the same offering under this subsection and are therefore deemed to be integrated with one another:

a. Offers or sales of securities occurring more than 6 months before an offer or sale of securities made pursuant to this subsection shall not be considered part of the same offering, provided there are no offers or sales by or for the issuer of the same or a similar class of securities during such 6-month period.

b. Offers or sales of securities occurring at any time after 6 months from an offer or sale made pursuant to this subsection shall not be considered part of the same offering, provided there are no offers or sales by or for the issuer of the same or a similar class of securities during such 6-month period.

2. Offers or sales which do not satisfy the conditions of any of the provisions of subparagraph 1. may or may not be part of the same offering, depending on the particular facts and circumstances in each case. The commission may adopt a rule or rules indicating what factors should be considered in determining whether offers and sales not qualifying for the provisions of subparagraph 1. are part of the same offering for purposes of this subsection.

(d) Offers or sales of securities made pursuant to, and in compliance with, any other subsection of this section or any subsection of s. 517.051 shall not be considered part of an offering pursuant to this subsection, regardless of when such offers and sales are made.

(12) The sale of securities by a bank or trust company organized or incorporated under the laws of the United States or this state at a profit to such bank or trust company of not more than 2 percent of the total sale price of such securities; provided that there is no solicitation of this business by such bank or trust company where such bank or trust company acts as agent in the purchase or sale of such securities.

(13) An unsolicited purchase or sale of securities on order of, and as the agent for, another by a dealer registered pursuant to the provisions of s. 517.12; provided that this exemption applies solely and exclusively to such registered dealers and does not authorize or permit the purchase or sale of securities on order of, and as agent for, another by any person other than a dealer so registered; and provided, further, that such purchase or sale is not directly or indirectly for the benefit of the issuer or an underwriter of such securities or for the direct or indirect promotion of any scheme or enterprise with the intent of violation or evading any provision of this chapter.

(14) The offer or sale of shares of a corporation which represent ownership, or entitle the holders of the shares to possession and occupancy, of specific apartment units in property owned by such corporation and organized and operated on a cooperative basis, solely for residential purposes.

(15) The offer or sale of securities under a bona fide employer-sponsored stock option, stock purchase, pension, profit-sharing, savings, or other benefit plan when offered only to employees of the sponsoring organization or to employees of its controlled subsidiaries.

(16) The sale by or through a registered dealer of any securities option if at the time of the sale of the option:

(a) The performance of the terms of the option is guaranteed by any dealer registered under the federal Securities Exchange Act of 1934, as amended, which guaranty and dealer are in compliance with such requirements or rules as may be approved or adopted by the commission; or

(b) Such options transactions are cleared by the Options Clearing Corporation or any other clearinghouse recognized by the office; and

(d) The underlying security may be purchased or sold on a recognized securities exchange or is quoted on the National Association of Securities Dealers Automated Quotation System; and

(e) Such sale is not directly or indirectly for the purpose of providing or furthering any scheme to violate or evade any provisions of this chapter.

(17)(a) The offer or sale of securities, as agent or principal, by a dealer registered pursuant to s. 517.12, when such securities are offered or sold at a price reasonably related to the current market price of such securities, provided such securities are:

1. Securities of an issuer for which reports are required to be filed by s. 13 or s. 15(d) of the Securities Exchange Act of 1934, as amended;

2. Securities of a company registered under the Investment Company Act of 1940, as amended;

3. Securities of an insurance company, as that term is defined in s. 2(a)(17) of the Investment Company Act of 1940, as amended;

4. Securities, other than any security that is a federal covered security pursuant to s. 18(b)(1) of the Securities Act of 1933 and is not subject to any registration or filing requirements under this act, which appear in any list of securities dealt in on any stock exchange registered pursuant to the Securities Exchange Act of 1934, as amended, and which securities have been listed or approved for listing upon notice of issuance by such exchange, and also all securities senior to any securities so listed or approved for listing upon notice of issuance, or represented by subscription rights which have been so listed or approved for listing upon notice of issuance, or evidences of indebtedness guaranteed by companies any stock of which is so listed or approved for listing upon notice of issuance, such securities to be exempt only so long as such listings or approvals remain in effect. The exemption provided for herein does not apply when the securities are suspended from listing approval for listing or trading.

(b) The exemption provided in this subsection does not apply if the sale is made for the direct or indirect benefit of an issuer or controlling persons of such issuer or if such securities constitute the whole or part of an unsold allotment to, or subscription or participation by, a dealer as an underwriter of such securities.

(c) This exemption shall not be available for any securities which have been denied registration pursuant to s. 517.111. Additionally, the office may deny this exemption with reference to any particular security, other than a federal covered security, by order published in such manner as the office finds proper.

(18) The offer or sale of any security effected by or through a person in compliance with s. 517.12(16).

(19) Other transactions defined by rules as transactions exempted from the registration provisions of s. 517.07, which rules the commission may adopt from time to time, but only after a finding by the office that the application of the provisions of s. 517.07 to a particular transaction is not necessary in the public interest and for the protection of investors because of the small dollar amount of securities involved or the limited character of the offering. In conjunction with its adoption of such rules, the commission may also provide in such rules that persons selling or offering for sale the exempted securities are exempt from the registration requirements of s. 517.12. No rule so adopted may have the effect of narrowing or limiting any exemption provided for by statute in the other subsections of this section.

(20) Any nonissuer transaction by a registered associated person of a registered dealer, and any resale transaction by a sponsor of a unit investment trust registered under the Investment Company Act of 1940, in a security of a class that has been outstanding in the hands of the public for at least 90 days; provided, at the time of the transaction:

(a) The issuer of the security is actually engaged in business and is not in the organization stage or in bankruptcy or receivership and is not a blank check, blind pool, or shell company whose primary plan of business is to engage in a merger or combination of the business with, or an acquisition of, any unidentified person;

(b) The security is sold at a price reasonably related to the current market price of the security;

(c) The security does not constitute the whole or part of an unsold allotment to, or a subscription or participation by, the broker-dealer as an underwriter of the security;

(d) A nationally recognized securities manual designated by rule of the commission or order of the office or a document filed with the Securities and Exchange Commission that is publicly available through the commission’s electronic data gathering and retrieval system contains:

1. A description of the business and operations of the issuer;

2. The names of the issuer’s officers and directors, if any, or, in the case of an issuer not domiciled in the United States, the corporate equivalents of such persons in the issuer’s country of domicile;

3. An audited balance sheet of the issuer as of a date within 18 months before such transaction or, in the case of a reorganization or merger in which parties to the reorganization or merger had such audited balance sheet, a pro forma balance sheet; and

4. An audited income statement for each of the issuer’s immediately preceding 2 fiscal years, or for the period of existence of the issuer, if in existence for less than 2 years or, in the case of a reorganization or merger in which the parties to the reorganization or merger had such audited income statement, a pro forma income statement; and

(e) The issuer of the security has a class of equity securities listed on a national securities exchange registered under the Securities Exchange Act of 1934 or designated for trading on the National Association of Securities Dealers Automated Quotation System, unless:

1. The issuer of the security is a unit investment trust registered under the Investment Company Act of 1940;

2. The issuer of the security has been engaged in continuous business, including predecessors, for at least 3 years; or

3. The issuer of the security has total assets of at least $2 million based on an audited balance sheet as of a date within 18 months before such transaction or, in the case of a reorganization or merger in which parties to the reorganization or merger had such audited balance sheet, a pro forma balance sheet.

(21) The offer or sale of a security by an issuer conducted in accordance with s. 517.0611.

(22) The offer or sale of securities, solely in connection with the transfer of ownership of an eligible privately held company, through a merger and acquisition broker in accordance with s. 517.12(21).

History.—s. 1, ch. 78-435; ss. 4, 15, ch. 79-381; ss. 1, 5, ch. 80-254; ss. 1, 3, ch. 80-403; ss. 3, 6, ch. 81-115; ss. 2, 3, ch. 81-318; s. 2, ch. 83-184; s. 3, ch. 83-265; s. 3, ch. 84-159; s. 4, ch. 85-165; s. 5, ch. 86-85; ss. 3, 14, 15, ch. 90-362; s. 4, ch. 91-429; s. 2, ch. 92-45; s. 2, ch. 96-338; s. 1166, ch. 97-103; s. 3, ch. 98-221; s. 586, ch. 2003-261; s. 34, ch. 2006-213; s. 2, ch. 2015-171; s. 1, ch. 2016-111; s. 14, ch. 2023-205.

F.S. 517.061 on Google Scholar

F.S. 517.061 on Casetext

Amendments to 517.061

Arrestable Offenses / Crimes under Fla. Stat. 517.061

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 517.061.

Annotations, Discussions, Cases:

Cases from cite.case.law:

COEXIST FOUNDATION, INC. v. FEHRENBACHER,, 865 F.3d 901 (7th Cir. 2017)

. . . within this state unless the security is exempt under § 517.051, is sold in a transaction exempt under § 517.061 . . .

IN RE A. BAVELIS, A. v., 571 B.R. 278 (Bankr. S.D. Ohio 2017)

. . . . § 517.061(ll)(a)(5). Marion H. . . . Ann, § 517.061(ll)(a)(5). Debt- or’s Ex. 118 at iv. Although Mr. . . . Ann. § 517.061(11). . . . Ann. § 517.061(11) and the sale is to five or more persons in Florida (both of which was the case with . . . Ann. § 517.061(11)(a)(5). As the Court found above, Mr. . . .

In A. BAVELIS, A. v., 773 F.3d 148 (6th Cir. 2014)

. . . . § 517.061(ll)(a)(5). . . . Stat. § 517.061(11)(a)(1)-(5). . . . The requirement of § 517.061(ll)(a)(3) was thus satisfied. ii. . . . Section 517.061(11)(a)(5) requires a three-day right of rescission for securities purchasers. . . . As a result, the transaction here complied with § 517.061(ll)(a)(5). . . .

In A. BAVELIS, A. v., 773 F.3d 148 (6th Cir. 2014)

. . . . § 517.061(ll)(a)(5). . . . Stat. § 517.061(ll)(a)(l)-(5). . . . The requirement of § 517.061(ll)(a)(3) was thus satisfied. ii. . . . Section 517.061(ll)(a)(5) requires a three-day right of rescission for securities purchasers. . . . As a result, the transaction here complied with § 517.061(ll)(a)(5). . . .

In A. BAVELIS, A. v., 490 B.R. 258 (Bankr. S.D. Ohio 2013)

. . . . § 517.061(ll)(a)(5). Debtor’s Ex. 118 at iv. Although Mr. . . . Ann. § 517.061(11). . . . Ann. § 517.061(11) and the sale is to five or more persons in Florida (both of which was the case with . . . Ann. § 517.061(ll)(a)(5). As the Court found above, Mr. . . .

VENEZIA v. SUNRISE VIEW, INC. a a, 93 So. 3d 1051 (Fla. Dist. Ct. App. 2012)

. . . this state unless the security is exempt under s. 517.051, is sold in a transaction exempt under s. 517.061 . . .

NOURACHI, v. FIRST AMERICAN TITLE INSURANCE COMPANY,, 44 So. 3d 602 (Fla. Dist. Ct. App. 2010)

. . . See, e.g., § 517.061(ll)(a)3., Fla. Stat. (2008) (dealing with sale of securities). . . .

F. THOMPSON, L. v. RELATIONSERVE MEDIA, INC. a. k. a. F. L. v. a. k. a., 610 F.3d 628 (11th Cir. 2010)

. . . dealers, and agents who were not registered in Florida, in violation of Florida Statutes §§ 517.12 and 517.061 . . .

In A. WILLIAMS, A. v. A., 370 B.R. 397 (Bankr. M.D. Fla. 2007)

. . . this state unless the security is exempt under s. 517.051, is sold in a transaction exempt under s. 517.061 . . . According to § 517.061, Florida Statutes, a securities transaction is exempt from any registration with . . . Ann. § 517.061(11)(a)(2) (West 2005). . . . In addition, under § 517.061, “[p]rior to the sale [of the issuer’s own securities], each purchaser . . . .

MUSOLINO, v. YESHIVA MACHZIKEI HADAS BELZ, a a N. C. a, 137 F. App'x 321 (11th Cir. 2005)

. . . . § 517.061(3). . . . Stat. § 517.061(3). . . .

SHIELDS COMPANY, s v. G. BRIGHT, s, 254 F. Supp. 2d 1253 (M.D. Fla. 2003)

. . . this state unless the security is exempt under s. 517.051, is sold in a transaction exempt under s. 517.061 . . .

MOECKER, v. ANTOINE, M., 845 So. 2d 904 (Fla. Dist. Ct. App. 2003)

. . . dissent because I am unable to reconcile the majority’s decision with the clear language of section 517.061 . . . I am of the view that section 517.061(ll)(a)5 is such a piece of legislation. . . . Reduced to its essentials, section 517.061(ll)(a)5 says that “any sale ... is voidable by the purchaser . . . the appellees had timely rescinded their purchases of First Street common stock pursuant to section 517.061 . . . under section 727.112(1), Florida Statutes (1997), and that the appellees’ rescission under section 517.061 . . . Rescission under Section 517.061(ll)(a)5 The federal Securities Act of 1933 requires that all securities . . . As the court there explained, the intent of section 517.061(11)(a)5, in part, is to provide purchasers . . . Section 517.061 provides that the registration requirements of section 517.07 do not apply to, among . . .

WENDT, v. HOROWITZ,, 822 So. 2d 1252 (Fla. 2002)

. . . were deemed to be securities, they were exempt from registration under section 517.051(8) or section 517.061 . . .

UMBEL, v. FOODTRADER. COM, INC. S., 820 So. 2d 372 (Fla. Dist. Ct. App. 2002)

. . . Umbel argues that section 517.061(11) renders the partnership agreement legal and enforceable. . . . where there is no commission or compensation for the sale, or the seller is a registered dealer. § 517.061 . . .

TEMPLE, A. G. J. R. C. B. v. L. D. GORMAN, 201 F. Supp. 2d 1238 (S.D. Fla. 2002)

. . . security within this state unless the security is exempt under § 517.051, is sold in a transaction under § 517.061 . . .

HILLIARD v. H. BLACK,, 125 F. Supp. 2d 1071 (N.D. Fla. 2000)

. . . that the sale of BAOA and Cash 4 Titles securities are not exempt transactions pursuant to section 517.061 . . .

Dr. E. GARLAND R. v. ADVANCED MEDICAL FUND, L. P. II,, 86 F. Supp. 2d 1195 (N.D. Ga. 2000)

. . . provisions of § 517.051 and including any security sold in a transaction exempted under the provisions of § 517.061 . . .

J. ALLEN C. v. COATES, a k a A. Jr., 661 So. 2d 879 (Fla. Dist. Ct. App. 1995)

. . . . §§ 230.501-230.505; § 517.061, Fla.Stat. (1993). . . .

TUCKER R. Jr. v. E. MARIANI, Sr., 655 So. 2d 221 (Fla. Dist. Ct. App. 1995)

. . . of s. 517.051 and including any security sold in a transaction exempted under the provisions of s. 517.061 . . .

ARTHUR YOUNG COMPANY, n k a a v. MARINER CORPORATION, 630 So. 2d 1199 (Fla. Dist. Ct. App. 1994)

. . . of s. 517.051 and including any security sold in a transaction exempted under the provisions of s. 517.061 . . .

P. SCHEURENBRAND L. E. S. Sr. R. A. v. WOOD GUNDY CORP., 8 F.3d 1547 (11th Cir. 1993)

. . . the provisions of § 517.051 or unless sold in any transaction exempt under any of the provisions of § 517.061 . . .

P. BIRNHOLZ, P. P. A. v. WALL STREET FUND, INC. a, 904 F.2d 567 (11th Cir. 1990)

. . . Birnholz v. 44-Wall Street Fund, Inc., 880 F.2d 335 (11th Cir.1989); see § 517.061(19), Fla.Stat. (1978 . . . (the original statute), and § 517.061(19), Fla.Stat. (1979) (the amended statute). . . . App.P: WHETHER AN ISSUER THAT PROPERLY OBTAINED AN EXEMPTION FROM STATE REGISTRATION PURSUANT TO § 517.061 . . . OF SELLING ITS SHARES IN FLORIDA, TO FORWARD THE $750.00 FEE PROVIDED FOR IN THE AMENDED STATUTE, § 517.061 . . . Court: WHETHER AN ISSUER THAT PROPERLY OBTAINED AN EXEMPTION FROM STATE REGISTRATION PURSUANT TO § 517.061 . . .

HALL DADELAND TOWERS ASSOCIATES v. W. HARDEMAN, Jr. M. v. HALL SECURITIES CORPORATION,, 736 F. Supp. 1422 (N.D. Tex. 1990)

. . . The Hall Plaintiffs rely for exemption upon Fla.Stat.Ann. § 517.061(11) and claim that theirs was an . . . The second requirement is set forth in § 517.061(ll)(a)2 which states the following condition for exemption . . . construed as “acting on behalf of the issuer”, the Hall Dadeland Partnership, within the meaning of § 517.061 . . . Section 517.061(1 l)(b)(5) excludes accredited investors from the calculation of the number of investors . . . in § 517.061(11 )(a). . . . .

P. BIRNHOLZ, v. WALL STREET FUND, INC., 559 So. 2d 1128 (Fla. 1990)

. . . Court: WHETHER AN ISSUER THAT PROPERLY OBTAINED AN EXEMPTION FROM STATE REGISTRATION PURSUANT TO § 517.061 . . . OF SELLING ITS SHARES IN FLORIDA, TO FORWARD THE $750.00 FEE PROVIDED FOR IN THE AMENDED STATUTE, § 517.061 . . . received from the Fund, in addition to a $750.00 filing fee, all of the documents required under § 517.061 . . . statute reveals that to maintain the effectiveness of an exemption from registration under section 517.061 . . . case, the fund paid a $750 filing fee and filed each of the required documents pursuant to section 517.061 . . .

BARTON, v. J. PETERSON,, 733 F. Supp. 1482 (N.D. Ga. 1990)

. . . . § 517.061(ll)(a). . . .

P. BIRNHOLZ, P. P. A. v. WALL STREET FUND, INC. a, 880 F.2d 335 (11th Cir. 1989)

. . . defense the Fund asserted that the transactions in question were exempt from registration according to § 517.061 . . . received from the Fund, in addition to a $750.00 filing fee, all of the documents required under § 517.061 . . . Division issued to the Fund a “Notification of Exemption” certifying that the Fund had complied with § 517.061 . . . statute reveals that to maintain the effectiveness of an exemption from registration under section 517.061 . . . The rule provides: (1) Notices of Intention to Sell pursuant to Section 517.061(19), F.S., shall be filed . . .

BARNEBEY, v. E. F. HUTTON CO., 715 F. Supp. 1512 (M.D. Fla. 1989)

. . . Relevant to the securities herein was Section 517.061(12), Fla.Stat. (1981), [recodified as Section 517.061 . . . (11)] [hereinafter reference will be to Section 517.061(12) only] which read in relevant part: (a) The . . . that the sale shall be voidable by the purchaser within three days of sale, as required by Section 517.061 . . . Stat. tit. 71 § 401(b)(9)C2 and F.S. (1981) § 517.061(12)(a)(2) [general advertisements]. . . . F.S. (1981) § 517.061 (12)(a)(5). . . .

ROUSSEFF, R. v. E. F. HUTTON COMPANY, INC. a Co. a ROUSSEFF, v. E. F. HUTTON COMPANY, INC. a Co. a, 867 F.2d 1281 (11th Cir. 1989)

. . . of § 517.051 and including any security sold in any transaction exempted under the provisions of s. 517.061 . . .

E. F. HUTTON COMPANY, INC. v. M. ROUSSEFF,, 537 So. 2d 978 (Fla. 1989)