Arrestable Offenses / Crimes under Fla. Stat. 517.07
S517.07 2 - PUBLIC ORDER CRIMES - FAIL REGIST PROV PROSPECTUS MEETNG REQUIREMENT - F: T
CopyCited 42 times | Published | District Court, M.D. Florida | 109 A.L.R. Fed. 377, 1989 U.S. Dist. LEXIS 6906, 1989 WL 68010
...27, 1989. 15. Defendant E.F. Hutton & Company's supplemental memorandum in support of motion for summary judgment on conflict of laws, filed March 1, 1989. 16. Plaintiff John M. Miller's motion for summary judgment on Count I (non-registration under Section 517.07, Florida Statutes) and memorandum in support thereof, filed January 4, 1989....
...After review of the subscription agreements by both Hutton and Viking, Viking accepted *1530 the subscriptions of all Plaintiffs on or about June 18, 1981. 2. At the time of Plaintiffs subscribing, Florida law provided for exemption from the registration requirements of Section 517.07, Fla.Stat....
...This claim substantially replicates the class-wide non-registration claim in Klawans based on the Oklahoma Securities Act. F.S.A.
517.211(1) provides the basic civil liability provision for unlawful sales of unregistered securities: "Every sale made in violation of ... s.
517.07 ... may be rescinded at the election of the purchaser." Liability is imposed upon "the person making the sale and every ... agent of or for the seller ... [who] participated or aided in making the sale." Section
517.07 simply provides that it is unlawful to sell an unregistered security, unless the sale is exempt from registration....
...Klawans included a class-wide non-registration claim under the Oklahoma Securities Act. That claim is replicated here as Plaintiffs' Count VI. The elements of an Oklahoma non-registration claim are not materially different from Count I. Section 301 of the Oklahoma Securities Act (parallel to F.S.A. 517.07) simply provides: It is unlawful for any person to offer or sell any security in this state unless (1) it is registered under this act or (2) the security or transaction is exempt under Section 401....
CopyCited 27 times | Published | District Court, S.D. Florida | 1980 U.S. Dist. LEXIS 9301
...the Securities Act of 1933, and Section
517.301 of Florida Statutes. Counts II and V allege that the defendants failed to register the limited partnership units as securities in violation of Sections 12(1) and 12(5) of the Securities Act of 1933 and Section
517.07 of Florida Statutes....
...the number of offerees and their relationship to each other and to the issuer 2. the number of units offered 3. the size of the offering 4. the manner of offering 2. Exemption from Registration Under State Law. The provisions of the Florida Sale of Securities Act are parallel to the provisions of the federal Act. Section
517.07 of the State Act provides that no securities except those exempt from registration may be sold in the state unless the securities are registered as provided in the Act. Section
517.021 provides the remedy for a sale without proper registration. Every sale in violation of Section
517.07 is voidable at the election of the purchaser for the amount of consideration paid, with interest, together with costs and fees. Section
517.07 defines the standard of conduct and Section
517.021 provides the remedy for violations of that standard....
CopyCited 24 times | Published | Florida 5th District Court of Appeal
...240,
96 L.Ed. 288 (1952); Simmons v. State,
151 Fla. 778,
10 So.2d 436 (1942). [2] Various criminal statutes have been upheld constitutionally and interpreted to not require intent as an element. See, e.g., State v. Houghtaling,
181 So.2d 636 (Fla. 1965) (section
517.07 prohibiting the sale of unregistered securities and section
517.12 prohibiting selling securities without being registered as a dealer or salesman); Simmons v....
CopyCited 20 times | Published | Court of Appeals for the Eleventh Circuit
...The district court entered final judgment in favor of U.S. Trust and granted U.S. Trust's Motion for Certification pursuant to Rule 54(b). II. Securities Law Claims 6 A. Florida Security and Investor Protection Act 7 Appellants claim that U.S. Trust violated Fla.Stat. section 517.07 and Fla.Stat....
CopyCited 17 times | Published | Supreme Court of Florida
...Thompson. The case with which there appeared to be the strongest likelihood of conflict is Buchman. In Buchman we held that the state did not have to prove the lack of an exemption to obtain a conviction for the sale of unregistered securities under section 517.07, Florida Statutes (1975), [3] even though the statutory exception which set out the *857 exemptions appeared in the enacting clause of the statute....
...dictment, or any other writ or proceedings brought under this chapter, and the burden of establishing the right to any exemption shall be upon the party claiming the benefit of such exemption. Based on the legislature's clear directive, we construed section
517.07 in conformity with section 517.17 and held that "the lack of an exemption is not an element of the offense."
361 So.2d at 695. In determining legislative intent a court must examine the entire statute under consideration. State v. Rodriquez,
365 So.2d 157 (Fla. 1978). If we had followed the Baeumel rule in Buchman in interpreting section
517.07, we would have not only construed that section inconsistently with the legislature's intent but we would have rendered section 517.17 a nullity....
...r machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms. In Thompson we found that the antique weapon proviso in this statute constituted "an exception in a subsequent clause" under Beaumel. [3] § 517.07 provides in relevant part: No securities except of a class exempt under any of the provisions of s....
CopyCited 17 times | Published | Florida 1st District Court of Appeal
...to prove this fact. This argument might prove highly persuasive were it not for the Supreme Court's recent consideration of a statutory scheme almost identical to the statutes at bar. In State v. Buchman,
361 So.2d 692 (Fla. 1978) the court examined Section
517.07, Florida Statutes (Supp....
...1959) (city charter effective date as enacted by special law construed); and Johnson v. State,
157 Fla. 685,
27 So.2d 276 (Fla. 1946), cert. denied,
329 U.S. 799,
67 S.Ct. 491,
91 L.Ed. 683 (1947) (conflicting second paragraph of search warrant statute takes precedence over first paragraph). [11] Section
517.07, Florida Statutes (Supp....
CopyCited 17 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 5279, 2002 WL 862581
...pter for any person to sell or offer to sell a security within this state unless the security is exempt under §
517.051, is sold in a transaction under §
517.061, is a federal covered security, or is registered pursuant to this chapter." FLA.STAT. §
517.07 (Supp.2001)....
...whether the private placement actually complied with the substantive requirements of Regulation D or Rule 506, the securities sold to Plaintiffs are federal "covered securities" because they were sold pursuant to those rules. As a result, FLA.STAT. § 517.07 does not require registration of such securities....
CopyCited 14 times | Published | Supreme Court of Florida
...The court transferred the appeal to us because it is within this Court's jurisdiction by certiorari. We granted certiorari, briefs were filed and the parties were heard in oral argument. The sale of securities in Florida is regulated by the "Sale of Securities Law," Chapter 517, Florida Statutes. Section 517.07, Florida Statutes, forbids the sale of unregistered securities in this State unless the securities are exempt or the transaction is exempt....
...Be that as it may, lifting the lead of the prosecutor is no answer to the claim that a constitutional right is violated. The respondents (Buchman and Horne) characterize the lack of an exemption as an element of the offense of sale of an unregistered security, as defined in Section 517.07, Florida Statutes....
CopyCited 12 times | Published | Florida 5th District Court of Appeal
...This is an appeal from a conviction in the Circuit Court for Orange County for the sale of an unregistered security, fraudulent sale of a security, and sale of a security by an unregistered salesman. The question which we find determinative of this appeal is whether there was a sale of a security within the contemplation of section 517.07, Florida Statutes (1973)....
CopyCited 11 times | Published | District Court, N.D. Florida | 2000 U.S. Dist. LEXIS 20328, 2000 WL 1780327
...1) ¶ 114, at 24. Plaintiffs allege that Defendants did not register the BAOA stocks and Cash 4 Title promissory notes with the Florida Department of Banking and Finance and that Defendants did not provide a prospectus of these securities as required by section 517.07, Florida Statutes....
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 9 U.C.C. Rep. Serv. 2d (West) 158, 1988 U.S. App. LEXIS 14969, 1988 WL 111209
...The district court entered final judgment in favor of U.S. Trust and granted U.S. Trust’s Motion for Certification pursuant to Rule 54(b). II. Securities Law Claims A. Florida Security and Investor Protection Act Appellants claim that U.S. Trust violated Fla.Stat. section 517.07 and Fla.Stat....
CopyCited 9 times | Published | District Court, S.D. Florida
...fs, I will address this question first. 3 1. Legal Standard Florida Statute §
517.211 creates a private right of action against individuals who sell securities that are not registered under Florida law. Fla. Stat. §
517.211 (referencing Fla. Stat. §
517.07 )....
...or aided in making the sale, is jointly and severally liable to the purchaser in an action for rescission, if the purchaser still owns the security, or for damages, if the purchaser has sold the security. *1335 Id. "With some exceptions, Fla. Stat. § 517.07 requires every security sold in Florida to be registered with the ... Office of Financial Regulation." Musolino v. Yeshiva Machzikei Hadas Belz , 137 F. App'x 321 , 323 (11th Cir. 2005) (citing Fla. Stat. § 517.07 ("It is unlawful and a violation of this chapter for any person to sell or offer to sell a security within this state unless ....") )....
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit | 1990 U.S. App. LEXIS 14231, 1990 WL 108016
...with the department pursuant to the provisions of this section. The intent of the statute is to protect investors. Rudd v. State,
386 So.2d 1216 (Fla. 5th DCA 1980). Florida Statute §
517.211 provides that “Every sale made in violation of either Section
517.07 or Section
517.12 may be rescinded at the election of the purchasers;” F.S....
CopyCited 9 times | Published | United States Bankruptcy Court, M.D. Florida | 14 Fla. L. Weekly Fed. B 277, 2001 Bankr. LEXIS 414, 2001 WL 454534
...The arbitration award stated that it was entered "in full and final resolution of the issues submitted for determination." The award contained only one finding of fact: that the defendant "violated the Florida Securities and Investor Protection Act, Sections
517.07 and
517.301, et seq., as alleged in the Statement of Claim." The award also stated that "the Panel determines that [the defendant's] liability to [the plaintiff], as represented by this Award, constitutes a debt obtained by false pretences or...
..."So long as there is a `proper basis' for the award, the party seeking vacatur is limited to the four narrow bases set forth in the FAA, and may not invoke the non-statutory bases as grounds for vacating the award." Id. at 779. In this case, the arbitration panel found that the defendant violated Sections
517.07 and
517.301, Florida Statutes....
...Accordingly, the court presents a comprehensive discussion disposing of that finding in Section IV.A.5. of this decision. For these reasons, the court will not address this point as a basis for vacatur. [6] The arbitration panel also determined that the securities were unregistered in violation of Section 517.07, Florida Statutes....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2003 WL 1086514
...s chapter to any person to sell or offer to sell a security within this state unless the security is exempt under s.
517.051, is sold in a transaction exempt under s.
517.061, is a federal covered security, or is registered pursuant to this chapter. §
517.07(1), Fla....
...securities salesmen in Kansas at the turn of the century. The activities of these individuals, it was claimed, bordered on the sale of building lots in the blue sky in fee simple."). [3] Section
517.061 provides that the registration requirements of section
517.07 do not apply to, among other transactions, to: (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....
CopyCited 6 times | Published | Supreme Court of Florida
...*637 State's Atty., for petitioner and cross-respondent. Robert L. Koeppel, Public Defender and Phillip A. Hubbart, Asst. Public Defender, for respondents and cross-petitioner. O'CONNELL, Justice. Respondents were informed against under two counts: (1) for allegedly violating F.S. Sec. 517.07, F.S.A., which forbids the sale of certain securities which have not been registered with the Florida Public Securities Commission; and (2) for allegedly violating Sec....
...e in the business of selling securities. On motion of the respondents, the trial court quashed the information, on authority of State v. Smith, Fla.App. 1963,
151 So.2d 889, which held that scienter was a necessary element in prosecutions under Sec.
517.07....
...at
173 So.2d 748, Fla.App. 1965, reluctantly followed the authority of the Smith case, supra, in affirming as to Count One. However, the court reversed as to Count Two, reasoning as follows: (1) that the Smith case specifically referred only to Sec.
517.07 and not to Sec....
...invalid as infringing the constitutionally protected freedom of speech. For the reasons indicated, we overrule the holding of State v. Smith, supra, and hold here that the element of scienter need not be alleged and proven in prosecutions under F.S. Section 517.07, F.S.A....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...Robert L. Shevin, Atty. Gen., Tallahassee, and Andrew I. Friedrich, Asst. Attv. Gen., West Palm Beach, for appellee. OWEN, Judge. Samuel F. Sparks was informed against in a three-count information for (1) sale *538 of unregistered securities, F.S. Section 517.07, F.S.A.; (2) sale of securities by an unregistered dealer, F.S....
CopyCited 5 times | Published | District Court, S.D. Florida
...Moreover, evidence in the record supports a finding that the Defendants comingled assets such that adhering to the fiction of separate entities would not promote justice for the victims of Defendants' conduct. E. Unregistered Offer and Sale of Securities in violation of Fla. Stat. §§
517.011 , et seq. (Count V) "Section
517.07 of the [Florida Securities and Investor Protection Act] provides that '[i]t is unlawful and a violation of this chapter for any person to sell or offer to sell a security within this state unless the security ... is registered pursuant to this chapter.' Fla. Stat. §
517.07 (1)....
...Plaintiffs expected that they would receive profits from their investments in Harrison's efforts. The transactions at issue constituted investment contracts and are therefore subject to the Florida Blue Sky Laws, including the registration requirements of Fla. Stat. § 517.07 ....
...Despite neither registering the offerings nor obtaining an exemption from registration, Harrison sold Plaintiffs Coeval and Monkey Coins in connection with the Monkey Capital ICO. These effectively undisputed facts are sufficient to establish Harrison's violation of *1351 Fla. Stat. §§ 517.07 , et seq....
CopyCited 5 times | Published | District Court, S.D. Florida | 1984 U.S. Dist. LEXIS 19526
...GRANTED. Plaintiff shall have twenty (20) days leave to amend its Amended Complaint in conformity with this order. B. Defendant FFS' motion to decline exercise of plaintiff's pendent claim in count 2, alleging that all defendants violated Fla. Stat. § 517.07, be and the same is hereby DENIED....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...saction and other attendant relief. §
517.211, Fla. Stat. (1981). The action was based on theories of common law fraud, fraudulent sale of securities contrary to §
517.301, Fla. Stat. (1981), and the sale of unregistered securities in violation of §
517.07, Fla....
...For these reasons, the judgment under review is reversed and the cause remanded for the entry of an appropriate judgment for Weinberg against George Pennington and for trial on the issue of the individual liability of Rita Pennington and Charles V. Graul. Reversed and remanded. NOTES [1] The registration provisions of s. 517.07 do not apply to any of the following transactions: * * * * * * (12)(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....
CopyCited 3 times | Published | District Court, M.D. Florida | 1977 U.S. Dist. LEXIS 12908
...Finally, the evidence indicates no intent by any defendant to deceive Mr. Thiele. Thus the scienter required for a violation of Rule 10b-5 is lacking. Count Two Under Count Two of the Amended Complaint, the plaintiff argues that the sale of the securities without registration under Florida law was a violation of Section 517.07, F.S.A., which entitled him to rescind the transaction under Section 517.21(1), F.S.A. The defendants counter this argument by insisting that the securities were sold in an *590 exempt transaction and the statute of limitations has barred plaintiff's claim. Section 517.07 of the Florida Statutes in effect at the time the stock was transferred in 1974 to the plaintiff, read in pertinent part as follows: "No securities ....
...fter two years from the date of such sale . . .". The court rejects the argument of the defendants that the statute of limitations which was then embodied in Section 517.21(1) barred the plaintiff's claim. Reading Section 517.21 in pari materia with 517.07, it would appear that a claim for a sale in violation of 517.07 would accrue when the security in question is "sold"....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...se nor were the profits to come solely from the efforts of others. Secondly, appellant contends that the contracts were not binding upon appellant because the salesman was not acting within the scope of his employment in making such representations. Section 517.07, Florida Statutes (1973), prohibits the sale of any securities within the State (except those exempt under 517.05 or unless sold in an exempt transaction under 517.06), unless they have been registered as required by law....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...The sole question under consideration is the propriety of the action of the Circuit Court of Marion County in quashing an indictment which alleged in fourteen counts that W. Robert Smith sold unregistered securities in violation of the law. The statutes allegedly violated are F.S. Section 517.07, F.S.A....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 26733
...§ 78j (1988), and Rule 10b-5 promulgated thereunder; and (2) section
517.301 of the Florida Securities and Investor Protection Act ("FIPA"). Counts II and III, taken together, allege violations of the FIPA registration requirements, Fla.Stat.Ann. §§
517.07 and
517.081 (West 1988), and demand the concomitant right of rescission under section
517.211 of FIPA....
...ss exempt under any of the provisions of §
517.051 or unless sold in any transaction exempt under any of the provisions of §
517.061 shall be sold or offered for sale within this state unless such securities have been registered...." Fla.Stat.Ann. §
517.07....
CopyCited 1 times | Published | District Court, M.D. Florida | 2016 U.S. Dist. LEXIS 123437, 2016 WL 4733183
...gistered securities and government employees aided and abetted his doing so by inviting McLeod to government sponsored seminars, arranging meetings between him and employees, and/or allowing him to sell securities, in violation of FSIPA ( Fla. Stat. § 517.07 )....
...otection Act in Counts I and II. However, unless the purchaser has sold the security (which is not alleged here), the only available remedy under that statute is rescission, which is not available from the government under the FTCA. See Fla. Stat. §§
517.07 ,
517.211(1); 28 U.S.C....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1994 WL 646266
...Appellants applied for registration with the Department to deal in securities. [1] By letter of December 5, 1989, the Department notified appellants of its intent to deny the registration applications under section
517.161, Florida Statutes (1989), [2] based upon appellants' *247 having violated sections
517.12(1),
517.07,
517.301(1)(a)2, and
517.301(1)(c), Florida Statutes (1989)....
...and consolidated with case number 90-873. Prior to the hearing, the Department filed a motion in limine as to both cases to preclude appellants from introducing evidence of mitigating circumstances as to the alleged violations of sections
517.12(1),
517.07, and
517.301(1)(a)2, Florida Statutes, on the ground that these sections impose strict liability....
...sale any securities in or from offices in this state, or sell securities in this state to persons of this state from offices outside this state ... unless the person has been registered with the department pursuant to the provisions of this section. Section 517.07 (1989), Florida Statutes, provides in pertinent part: Registration of securities....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1998 WL 211649
...State,
644 So.2d 1376 (Fla. 5th DCA 1994), Fluellen v. State,
703 So.2d 511 (Fla. 3d DCA 1997), and the trial court instructed the jury that it could believe or disbelieve any or all of the expert's testimony. AFFIRMED. W. SHARP and HARRIS, JJ., concur. NOTES [1] §
517.07, Fla....
CopyCited 1 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 24509, 2005 WL 2012273
...The second claim alleges that Austin "personally participated or aided in making the sale" of unregistered securities within the meaning of Section
517.211(2), Florida Statutes, part of the Florida Securities and Investor Protection Act ("FSIPA"), Section
517.07, et....
...The jury returned a verdict against Austin. Austin renews her motion for judgment as a matter of law, arguing that "the plaintiffs have failed to offer sufficient evidence or testimony to support a jury verdict in the plaintiffs' favor on the elements of their claim of violation of [FSIPA] § 517.07 against Austin." In deciding a Rule 50(b) motion the court must determine "whether reasonable jurors could have concluded as this jury did based on the presented evidence." Davis v....
...In 1979, Section 9 of Chapter 79-381, Laws of Florida, amended Section
517.211 to codify more explicitly the Nichols interpretation of liability. Section 9 of Chapter 79-381 splits former Section
517.211 into Sections
517.211(1) and (2), the former directed to violations of Section
517.07 and
517.12 and the latter directed to violations of Section
517.301....
...342) is GRANTED as to the plaintiffs' second claim and DENIED as to the plaintiffs' fourth claim. Consequently, the Clerk is directed to enter judgment for the plaintiffs and against Reiser on claim one, fraudulent inducement; claim two, the sale of unregistered securities in violation of Section
517.07 et seq.; and claim three, misrepresentation in connection with the sale of AXXSYS securities in violation of Section
517.301....
...ection
726.105, Florida Statutes. The motion is DENIED. [2] Section 9 of Chapter 79-381 displays vividly the legislative revision of Section
517.211:
517.211 Remedies available in cases of unlawful sale. (1) Every sale made in violation of either s.
517.07 or s....
CopyCited 1 times | Published | Supreme Court of Florida | 15 Fla. L. Weekly Supp. 203, 1990 Fla. LEXIS 515, 1990 WL 43611
...0 FEE PROVIDED FOR IN THE AMENDED STATUTE, §
517.061(19)(b), FLA. STAT. (1979), SUBSTANTIALLY COMPLIED WITH THE EXEMPTION REQUIREMENTS, THEREBY AVOIDING LIABILITY TO INVESTORS UNDER §
517.211 FOR THE SALE OF UNREGISTERED SECURITIES IN VIOLATION OF §
517.07....
...Seeking to recover market losses in excess of $360,000.00 incurred through the purchase and sale of the Fund's shares, Birnholz alleged that the securities of the Fund which he purchased between October, 1980, and March, 1985, were sold in violation of the registration requirements of §
517.07. [2] As an affirmative defense the Fund asserted that the transactions in question were exempt from registration according to §
517.061(19), Fla. Stat. (1978 Supp.), which provided that the registration provisions of §
517.07 did *1130 not apply to the sale of securities made in compliance with a registration statement effective under the Securities Act of 1933, 15 U.S.C....
...[2] This section makes it unlawful to sell or offer for sale in Florida securities which have not been registered with the state, unless the securities belong to an exempt class or are sold in any exempt transaction. [3] The original statute provided: "The registration provisions of s. 517.07 do not apply to any of the following transactions: ......
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 4009546, 2012 Fla. App. LEXIS 15370
...ociated person of a securities dealer. 1 OFR based the denial on the fact that Appellant was the subject of a Financial Industry Regulatory Authority (“FINRA”) arbitration award finding that Appellant sold unregistered securities in violation of section
517.07, Florida Statutes, and committed securities fraud in violation of Section
517.301, Florida Statutes....
...are liable on all of the claims asserted by Claimants, as follows: (1) as to misrepresentation, Respondents are in violation of Florida Statute §
517.301; (2) as to violation of [chapter] 517, Respondents sold unregulated securities in violation of §
517.07; (3) as to breach of fiduciary ....
...es association, (3) involving a violation of state securities law. OFR concluded that Appellant “has been found by a national securities association ... to have violated provisions of Chapter 517, Florida Statutes, specifically Section
517.301 and
517.07, Florida Statutes, which [is] grounds for denial pursuant to [section]
517.161(l)(m), Florida Statutes.” We find no error in this conclusion....
...of Admin. v. Huberty,
46 So.3d 1144, 1146 (Fla. 1st DCA 2010) (appellate court defers to agency’s interpretation of statute it administers unless such interpretation is clearly erroneous). Finally, the arbitration award found that Appellant violated section
517.07, Florida Statutes, by selling unregistered securities, and violated section
517.301, Florida Statutes, by misrepresenting information in the course of securities transaction....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1993 WL 488586
...§ 78j (1988), and Rule 10b-5 promulgated thereunder; and (2) section
517.301 of the Florida Securities and Investor Protection Act (“FIPA”). Counts II and III, taken together, allege violations of the FIPA registration requirements, Fla. Stat.Ann. §§
517.07 and
517.081 (West 1988), *1549 and demand the concomitant right of rescission under section
517.211 of FIPA....
...FIPA provides that "[n]o securities except of a class exempt under any of the provisions of §
517.051 or unless sold in any transaction exempt under any of the provisions of §
517.061 shall be sold or offered for sale within this state unless such securities have been registered....” Fla.Stat.Ann. §
517.07....
CopyPublished | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 22467
Chapter 517 requires registration of securities. §
517.07, Fla.Stat. (1981). The only exemptions are for
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5816, 1992 WL 111375
...AFFIRMED; Sentences VACATED; REMANDED. DAUKSCH and DIAMANTIS, JJ., concur. COWART, J., dissents with opinion. . §
895.03(3), one count of engaging in racketeering activity; §
895.03(4), one count of conspiracy to commit racketeering; §
817.034(4), two counts of organized fraud; §
517.07, thirty counts of selling unregistered securities; § 517.-301, twenty counts of securities fraud; § 895.-03(1), two counts of receiving proceeds derived from racketeering activity....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 1698130, 2012 Fla. App. LEXIS 7846
...y judgment in favor of Sunrise View, Inc. Sunrise View was the plaintiff in a suit against appellants, which alleged a violation of Florida’s Securities and Investor Protection Act as the result of the alleged sale of an unregistered security. See § 517.07(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...In the present case, the Appellees' complaint alleged three counts
against the Appellants for violations of Florida's Securities and Investor
Protection Act, see §
517.211, Fla. Stat. (2019). Count I alleged that the
sale of Venn's securities to Appellees was made in violation of section
517.07 because the securities were not registered pursuant to that
chapter, the securities were not exempt from such registration, and prior
11
to each sale, the Appellees were not given a prospectus as r...
CopyPublished | Florida 2nd District Court of Appeal
...In the present case, the Appellees' complaint alleged three counts
against the Appellants for violations of Florida's Securities and Investor
Protection Act, see §
517.211, Fla. Stat. (2019). Count I alleged that the
sale of Venn's securities to Appellees was made in violation of section
517.07 because the securities were not registered pursuant to that
chapter, the securities were not exempt from such registration, and prior
11
to each sale, the Appellees were not given a prospectus as r...
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 3748, 2000 WL 331910
...§
517.211 (6), LTI is entitled to an award of its reasonable costs and attorneys' fees against BUEHLER. . Section
517.211 is titled “Remedies available in cases of unlawful sale.” The section lays out the remedies for plaintiffs who purchased from sellers who violate section
517.07 (Registration of securities), section
517.12 (Registration of dealers, associated persons, investment advisers, and branch offices), or section
517.301 (Fraudulent transactions; falsification or concealment of facts)....
CopyPublished | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 5526, 2003 WL 1733688
...Petitioner's Motion A. The Award The arbitration award entered on September 20, 2001 states: Respondent was negligent, breached its fiduciary duty to Claimants William Bright and Jean Bright, and violated Florida Statutes sections
517.12(1),
517.12(11),
517.07(1), 517.012(5) and Rules 3E-600.002(2) and 3E-600.008(5), FLA Admin. As such, Respondent is liable and shall pay to Claimants William Bright and Jean Bright compensatory damages in the sum of $155,334.25, pre-judgment interest specifically excluded. Respondent violated Florida Statutes sections
517.12(1),
517.07(1),
517.12(5),
517.12(11), Rules 3E-600.002(2) and 3E-600.008(5), FLA Admin., and
777 So.2d 1144 (Fla. 3d DCA 2001). As such, respondent is liable and shall *1256 pay to Claimants William Bright and Jean Bright punitive damages in the sum of $50,000. For ease of reference, the Court includes the following: Florida Statute
517.07(1) states: It is unlawful and a violation of this chapter for any person to sell or offer to sell a security within this state unless the security is exempt under s....
CopyPublished | Florida 3rd District Court of Appeal
...in violation of Chapter 517, Florida Statutes (1975). The Information, in Counts I and IV, charged that appellee, along with two co-defendants, not appellees herein, had sold two Triex Corporation promissory notes to James Burleson, in violation of Section 517.07, Florida Statutes (1975)....
CopyPublished | Florida 2nd District Court of Appeal
...ss Counts II, III, and VI of Ms.
Nguyen's complaint alleging fraud against Perspective, fraud in the "offer,
sale, or purchase of [an] investment or security" under section
517.301,
Florida Statutes (2020), and sale of an unregistered security under
section
517.07, part of Florida's Blue Sky Law, against Perspective and
its agents....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1990 WL 77591
...00 FEE PROVIDED FOR IN THE AMENDED STATUTE, §
517.061(19)(b), FLA.STAT. (1979), SUBSTANTIALLY COMPLIED WITH THE EXEMPTION REQUIREMENTS, THEREBY AVOIDING LIABILITY TO INVESTORS UNDER §
517.211 FOR THE SALE OF UNREGISTERED SECURITIES IN VIOLATION OF §
517.07....
...00 FEE PROVIDED FOR IN THE AMENDED STATUTE, §
517.061(19)(b), FLA.STAT. (1979), SUBSTANTIALLY COMPLIED WITH THE EXEMPTION REQUIREMENTS, THEREBY AVOIDING LIABILITY TO INVESTORS UNDER §
517.211 FOR THE SALE OF UNREGISTERED SECURITIES IN VIOLATION OF §
517.07....
...Seeking to recover market losses in excess of $360,-000.00 incurred through the purchase and sale of the Fund’s shares, Birnholz alleged that the securities of the Fund which he purchased between October, 1980, and March, 1985, were sold in violation of the registration requirements of §
517.07.2 As an affirmative defense the Fund asserted that the transactions in question were exempt from registration according to §
517.061(19), Fla.Stat. (1978 Supp.), which provided that the registration provisions of §
517.07 did not apply to the sale of securities made in compliance with a registration statement effective under the Securities Act of 1933, 15 U.S.C....
...This section makes it unlawful to sell or offer for sale in Florida securities which have not been registered with the state, unless the securities belong to an exempt class or are sold in any exempt transaction. 3- The original statute provided: "The registration provisions of s. 517.07 do not apply to any of the following transactions: (19) The sale of securities pursuant to a registration statement effective under the Securities Act of 1933, provided that the department has received, prior to the offer or sale: (a) A not...
CopyPublished | United States Bankruptcy Court, M.D. Florida | 20 Fla. L. Weekly Fed. B 467, 2007 Bankr. LEXIS 2147
...results from— (i) any judgment, order, consent order, or decree entered in any ... State judicial or administrative proceeding; (ii) any settlement agreement entered into by the debtor; ... 11 U.S.C. § 523 (a)(19)(A)(i), (A)(ii), (B)(i), and (B)(ii) (2005). Section 517.07, Florida Statutes, further provides in pertinent part: (1) It is unlawful and a violation of this chapter for any person to sell or offer to sell a security within this state unless the security is exempt under s....
...d for sale within this state unless such securities have been registered pursuant to this chapter and unless prior to each sale the purchaser is furnished with a prospectus meeting the requirements of rules adopted by the commission. Fla. Stat. ANN. § 517.07(1) and (2) (West 2005)....
...of all material information with respect to Magnolia Manor and Magnolia-LTC, Inc. Thus, Magnolia-LTC, Inc. was not exempt from registration with the state of Florida, and therefore the Securities Transaction with Plaintiff was a direct violation of § 517.07(1), Florida Statutes. The Court also finds that the Prospectus Mr. Williams provided to Plaintiff on behalf of Debtor and Magnolia-LTC, Inc., was insufficient to conform with the requirements of § 517.07(2), Florida Statutes....
...Admin. Code Ann. r. 69W-700.003(8) (2005). The Prospectus did not contain this required information either. As a result, the Prospectus provided to Plaintiff was inadequate according to Florida law, and therefore failed to meet the exemption listed in § 517.07(2), Florida Statutes....
...Plaintiff obtained a final judgment from the State Court Action for $65,000.00. Plaintiff also entered into a Settlement Agreement with Debtor for $65,000.00, upon which Debtor then reneged. Either of these facts satisfies the requirement of § 523(a)(19). As a result, because Debtor violated § 517.07, Florida Statutes, a state securities law, and because Plaintiff obtained a Final Judgment from or entered into a Settlement Agreement with Debtor, the Debt is excepted from Debtor’s discharge under § 523(a)(19)....
CopyPublished | District Court of Appeal of Florida | 1962 Fla. App. LEXIS 3328
...See United States v. Western P. R. Co.,
352 U.S. 59 ,
77 S.Ct. 161 ,
1 L.Ed.2d 126, 132 . Cf. Northeast Airlines, Inc. v. Weiss, Fla.App.1959,
113 So.2d 884 . The complaint as amended was sufficient, and the order of dismissal is reversed. Reversed. . §
517.07 provides: “No securities except of a class exempt under any of the provisions of § 517.05 or unless sold in any transaction exempt under any of the provisions of § 517.06 shall be sold within this state unless such securities shall have been registered as hereinafter defined....
CopyPublished | Florida 3rd District Court of Appeal
...517, Florida Statutes (2018), is purposed “to protect the public from
fraudulent and deceptive practices in the sale and marketing of securities.”
Arthur Young & Co. v. Mariner Corp.,
630 So. 2d 1199, 1203 (Fla. 4th DCA
1994); see also §
517.011, Fla. Stat. (2018). To that end, section
517.07(1),
Florida Statutes (2018), provides in pertinent part,
It is unlawful and a violation of this chapter for any person to sell
or offer to sell a security within this state unless the security is
exempt under s....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5086
...Solomon was not the original subscriber for the shares but owned 25 shares, 50% of the capital stock of Hobbyfish. Appellant’s complaint sought return of the $50,000 paid to Solomon and the $2,000 lent to the corporation. The complaint alleged that the sale was void because it was an illegal sale under § 517.07 Fla.Stat.: “No securities except of a class ex-exempt under any of the provisions of § 517.05 or unless sold in any transaction exempt under any of the provisions of § 517.06 shall be sold within this state unless such securities shall have been registered as hereinafter defined....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 16269
...The Supreme Court, after stating the general rule above, upheld the conviction because the enacting clause of the statute contained no exception for druggists. Similarly, in Buchman , the defendants were charged with sale of unregistered securities in violation of Chapter 517, Laws of Florida. They, too, argued that because Section 517.07 forbids sales of unregistered securities unless the securities or the transactions are exempt, an element of the offense must include non-existence of any exemption. Section 517.07, however, makes only general reference to exemptions; specific exemptions are listed in other sections of Chapter 517....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 11873, 1989 WL 81670
...Seeking to recover market losses in excess of $360,000.00 incurred through the purchase and sale of the Fund’s shares, Birn-holz alleged that the securities of the Fund which he purchased between October, 1980, and March, 1985, were sold in violation of *337 the registration requirements of §
517.07. 2 As an affirmative defense the Fund asserted that the transactions in question were exempt from registration according to §
517.061(19), Fla.Stat. (1978 Supp.), which provided that the registration provisions of §
517.07 did not apply to the sale of securities made in compliance with a registration statement effective under the Securities Act of 1933, 15 U.S.C....
...PROVIDED FOR IN THE AMENDED STATUTE, §
517.061(19)(b), FLA.STAT. (1979), SUB *342 STANTIALLY COMPLIED WITH THE EXEMPTION REQUIREMENTS, THEREBY AVOIDING LIABILITY TO INVESTORS UNDER §
517.211 FOR THE SALE OF UNREGISTERED SECURITIES IN VIOLATION OF §
517.07....
...This section makes it unlawful to sell or offer for sale in Florida securities which have not been registered with the state, unless the securities belong to an exempt class or are sold in any exempt transaction. . The original statute provided: The registration provisions of s. 517.07 do not apply to any of the following transactions: (19) The sale of securities pursuant to a registration statement effective under the Securities Act of 1933, provided that the department has received, prior to the offer or sale: (a) A not...
CopyPublished | Florida 1st District Court of Appeal | 1965 Fla. App. LEXIS 4500
CARROLL, Judge. On this appeal the state seeks reversal of an order of the criminal court of record in and for Dade County quashing an information. Appellees were informed against, charged with sale of unregistered securities, in violation of §
517.07, Fla.Stat., F.S.A., and with selling securities without having registered as a dealer or salesman therefor, in violation of §
517.12, Fla.Stat., F.S.A....
...The trial court quashed the information for failure to allege scienter, on authority of State v. Smith, Fla.App.1963,
151 So.2d 889 , decided by the first district court of appeal. We affirm the quashal order as it relates to the first count, charging sale of unregistered securities in violation of §
517.07, on the authority of State v....
...of expression — freedom of the press. Because of that distinction, we would be inclined to accept the arguments of the state upon which it is contended scienter is not a needed element in a charge of selling unregistered securities in violation of § 517.07, Fla.Stat., F.S.A., were it not for the square contrary holding by the first district court of appeal in State v....
...Scarborough, Fla.App.1965,
170 So.2d 458 ; State v. Krasne, Novelty Skirt Co., 103 Neb. 11 , 170 N.W. 494 ; Bell v. State, 62 Tex.Cr.R. 242 , 137 S.W. 670, 672 , 36 L.R.A.N.S., 98 . For the reasons stated the order appealed from is affirmed in quashing the first count charging an offense under §
517.07, Fla....
CopyPublished | District Court of Appeal of Florida | 1963 Fla. App. LEXIS 3592
...a bona fide reorganization of such corporation made in good faith and not for the purpose of avoiding the provisions of this chapter, either in exchange for the securities of such security holders or claims of such creditors * * [Emphasis supplied] Section 517.07, Fla.Stat., F.S.Á., provides : “Registration of securities....
