The 2023 Florida Statutes (including Special Session C)
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. . . . § 517.211 for the sale of unregistered securities, the FPCMs and Fund Offerings. . . . Stat. § 517.211 (referencing Fla. Stat. § 517.07 ). . . . Section 517.211(1) provides that: Each person making the sale and every director, officer, partner, or . . . Stat. § 517.211(1) ). Under Florida law, a security is defined as a "note," among other things. . . . Stat. § 517.211. B. Breach of Fiduciary Duty (Counts VII, VIII. . . .
. . . . § 517.211. . . . [the] seller.” § 517.211(2), Fla. Stat. . . . of or for the purchaser or seller.” § 517.211(2), Fla. . . . Rousseff established that parties liable under section 517.211 have to be directly involved in a sale . . . The Court was distinguishing liability under section 517.211 from liability under federal rule 10b-5, . . .
. . . . § 517.211, regarding the remedies available in cases of sales of securities that are unlawful because . . .
. . . . §§ 517.12 & 517.211, and “Registration Violations of Virginia Blue Sky Laws,” Va. . . .
. . . . §§ 517.07, 517.211(1); 28 U.S.C. § 1346(b). . . .
. . . arbitrator also determined that Broker was liable for the Nalascos’ attorney’s fees, pursuant to section 517.211 . . . The Nalascos insist the trial court erred in applying Palma to a fee award under section 517.211. . . . time spent litigating the amount of fees has been applied to numerous fee statutes, including section 517.211 . . . Section 517.211, Florida Statutes, entitled "Remedies available in cases of unlawful sale,” provides, . . . fees to the prevailing party unless the court finds that the award of such fees would be unjust.” § 517.211 . . .
. . . . § 517.211(1). . . . Unlawful sales trigger the remedies set forth in § 517.211. . . . Stat. § 517.211(1). . . .
. . . . § 517.211(1). . . . Unlawful sales trigger the remedies set forth in § 517.211. . . . Stat. § 517.211(1). . . .
. . . . § 517.211, regarding the remedies available in cases of sales of securities that are unlawful because . . .
. . . The appellants sought attorneys’ fees pursuant to section 517.211(6), Florida Statutes (2009), which . . .
. . . alone alleges a violation of state securities fraud under Florida Statute §§ 517.301 (“§ 517.301”) and 517.211 . . .
. . . In this case, the only basis through which the [ ] Fund could recover fees is through Section 517.211 . . . reserves its right to seek fees as a prevailing party from a court of competent jurisdiction under Section 517.211 . . . notice of its intention to seek attorney’s fees as a prevailing party under Florida Statute Section 517.211 . . . The statute Morgan Stanley cites in the conclusion’s second sentence, Section 517.211(6), entitles a . . . The second sentence is, if anything consequential, Morgan Stanley’s Section 517.211(6) notice. . . .
. . . . § 517.211(1) (“participated in or aided”); 815 Ill. Comp. . . .
. . . Section 517.211(2) creates a civil remedy for a violation of section 517.301: Any person purchasing or . . . if the plaintiff still owns the security, or for damages, if the plaintiff has sold the security. § 517.211 . . .
. . . Rousseff, 537 So.2d 978, 981 (Fla.1989) (“Proof of loss causation is not mentioned in sections 517.211 . . . we hold that proof of loss causation is not required in a civil securities proceeding under sections 517.211 . . .
. . . It operates, however, in conjunction with § 517.211 of the Florida statutes (“§ 517.211”), which contains . . . Liability under § 517.211 Independently, Almiron and Carrillo’s claims also fail because they have not . . . Section 517.211 provides that: Any person purchasing or selling a security in violation of [§ 517.301 . . . Stat. § 517.211. . . . “[F]or the remedies of [s]ection 517.211(2) to apply to a violation of 517.301, buyer/seller privity . . .
. . . . § 517.211; (5) sale of securities by unregistered persons (state), in violation of Fla. . . . . § 517.211; (6) securities fraud (state), in violation of Fla. . . .
. . . Plaintiff brought his FSI-PA claim pursuant to Florida Statutes sections 517.301(l)(a) and 517.211(2) . . . Rousseff, 537 So.2d 978, 980-81 (Fla.1989) (per curiam) (explaining that section 517.211(2) provides . . . Section 517.211(6) provides that “[i]n any action brought under this section, including an appeal, the . . . See id.; see also Golub, 863 F.2d at 1521 (“The award of attorneys’ fees [under section 517.211(6) ] . . . Stat. § 517.211(6); Ivans v. . . .
. . . The remedy for a violation of Section 517.301 is contained in Florida Statutes Section 517.211(2) and . . . The Florida Supreme Court has stated that for the remedies of Section 517.211(2) to apply to a violation . . . Therefore, the buyer/seller privity required by Section 517.211 is not present. . . . July 27, 2010) (following the plain language of Section 517.211, which does not state that a “holder” . . . The County asserts that Rousseffs indication that Section 517.211(2) protects only buyers and sellers . . .
. . . . § 517.211. Whether an agency relationship exists is usually a question of fact. Rubin v. . . .
. . . . § 517.211. . . . Stat. § 517.211(5). . . .
. . . Section 517.211(6), Florida Statutes (2007) provides: In any action brought under this section, including . . . Section 517.211(6), Fla. . . .
. . . Because both of these actions are predicated on a violation of section 517.211, Florida Statutes, Lipson . . .
. . . Brian Rubin appeals a final judgment finding him liable for securities fraud as an agent under section 517.211 . . . Because there was no evidence to support liability under section 517.211, we reverse. . . . Section 517.211(2) imposes individual liability on: [a]ny person purchasing or selling a security in . . . Rubin fit no other category, Gabay had to prove that Rubin was an agent within the meaning of section 517.211 . . . Because Gabay failed to prove liability of Rubin under section 517.211(2), we reverse the final judgment . . .
. . . The Panel awarded Kostoff attorneys’ fees pursuant to § 517.211(6), Fla. . . . had the authority to make an award of attorney’s fees and appropriately determined that pursuant to § 517.211 . . . the Panel did not have the authority, this Court finds Plaintiff is entitled to fees pursuant to § 517.211 . . .
. . . Florida Statute section 517.211(2). . . .
. . . and- costs to the Maling Trust, asserting that they were the prevailing parties pursuant to section 517.211 . . . declaration of the prevailing party, the [Appellants] might be entitled to attorney’s fees pursuant to [§ 517.211 . . . Section 517.211(6), Florida Statutes, provides: "In any action brought under this section, including . . .
. . . alleged various legal theories of misconduct and requested an award of attorney’s fees under section 517.211 . . . He also sought attorney’s fees under section 517.211(6). . . . order denying attorney’s fees and remand to the circuit court for determination of fees under section 517.211 . . .
. . . Stat. ch. 517.211. . . .
. . . Envirocycle does not contest Carpet Inn’s entitlement to “reasonable” attorney’s fees under section 517.211 . . .
. . . Securities and Investor Protection Act (“FSIPA”) §§ 517.07, 517.211; (III) misrepresentations in connection . . . Stat. § 517.211(2) (2005); see also Fla. Stat. § 517.07(1) (2005). . . . First, in order to be in violation of § 517.211(2), one must be an officer, director, or agent of the . . . Securities and Investor Protection Act (“FSIPA”) §§ 517.07, 517.211. . . . Stat. 517.211(2) (2005). . (1) It is unlawful and a violation of this chapter for any person to sell . . .
. . . In support of this section, section 517.211 provides remedies, including the rescission of the sale and . . .
. . . Stat. § 517.211(2). Nichols v. . . . Fla.Stat. § 517.211(2). Thus, in order to be liable under Fla. . . . Section 9 of Chapter 79-381 splits former Section 517.211 into Sections 517.211(1) and (2), the former . . . ), Whigham must conform to the requirements of Section 517.211 and Nichols or fall. . . . Section 9 of Chapter 79-381 displays vividly the legislative revision of Section 517.211: 517.211 Remedies . . .
. . . . § 517.211(1). . . . Stat. § 517.211(1) with Fla. Stat. § 517.211(2). . . .
. . . Smith Barney, Harris Upham & Co., Inc., 626 So.2d 969, 970 (Fla.2d Dist.Ct.App. 1993), § 517.211(6), . . . Section ‘517.211(6), Fla. . . .
. . . 1998), the plaintiff sued for securities violations and sought attorney’s fees pursuant to section 517.211 . . .
. . . Protection Act and the Florida Securities Act and that the Debtor was liable to the Plaintiffs under Section 517.211 . . . Stat. §§ 517.07, 517.211, and 517.303. . . .
. . . 794 So.2d 649 (Fla. 2d DCA 2001) (involving arbitration award against securities dealer pursuant to § 517.211 . . .
. . . Section 517.211, Florida Statutes, delineates available remedies for the unlawful sale of securities . . . Stat. § 517.211(2); Marcus v. . . . Rousseff, 537 So.2d 978, 981 (Fla.1989) (stating that Section 517.211 protects buyers and sellers of . . . Defendant contends that Plaintiffs’ failure to allege reliance on Section 517.211 is fatal to their cause . . . Stat. through the provisions of section 517.211, Fla. Stat. . . .
. . . . § 517.211. Respondent Charles Schwab & Co., Inc. . . . Stat. §§ 517.211(6) and 682.11. . . . Stat. § 517.211(1). It is undisputed that Schwab is not “unregistered” under the Act. . . . STAT. § 517.211(1). . . .
. . . . §§ 517.301, 517.07, 517.211; Allen v. . . . 232 So.2d 200, 204 (Fla. 2d DCA 1970) (sales or offers for sale are not actionable under 517.07 and 517.211 . . .
. . . See § 517.211-.311, Fla. Stat. . . .
. . . Because section 517.211 contains an express civil liability provision, Florida courts need fashion no . . . Section 517.211 says that if a seller (or buyer) is untruthful in a sale, the buyer (or seller) can rescind . . . The effect of section 517.211 is similar to that of federal section 12(2), except that whereas 12(2) . . . protects only buyers, section 517.211 protects both buyers and sellers. . . . That opinion does not purport to hold that the remedies provided in section 517.211 are exclusive of . . .
. . . Plaintiffs allege MM & M is liable under Section 517.211(2) which states: Any person in purchasing or . . . Ann. § 517.211(2) (West 1997). . . .
. . . Clearly, Chapter 517 is statutory policy and section 517.211(6), which allows recovery of attorney’s . . . Chapter 517.211(6), Florida Statutes, allows for attorney fees to the prevailing party. . . . .
. . . third-party complaint against the Clients, asserting fraud; negligence; violations of sections 517.301 and 517.211 . . .
. . . states, “The Panel finds that Respondents Cohen, Lee, Bekhor, and Island Securities violated Sections 517.211 . . . Under Florida Statute § 517.211(3)(b), (6), reasonable attorneys’ fees shall be awarded unless the court . . .
. . . The claims relevant to this decision are the claims brought under Sections 517.211(6), 517.301(1)(a)( . . . plaintiff is entitled to attorney’s fees for services provided in the arbitration as provided by Section 517.211 . . .
. . . approved an award of fees where arbitration claims were filed under both the common law and under section 517.211 . . . the trial court ruled that such language was sufficient to authorize an award of fees under section 517.211 . . . Durham prevailed, “[t]his language [in the award] was sufficient to permit a fee award under section 517.211 . . . As previously mentioned, section 517.211(6) provides remedies, including the payment of attorney’s fees . . . Section 517.211(6), Florida Statutes (1997), provides: “In any action brought under this section, including . . .
. . . court found that the Arons were entitled to attorney’s fees against NationsBanc pursuant to section 517.211 . . .
. . . Plaintiffs further allege that Plaintiffs are entitled to remedies pursuant to section 517.211, Florida . . . The definition of “seller” under section 517.211. . . . Farrior, Stallings & Evans, 725 F.Supp. 499, 500 (M.D.Fla.1989) (defendant may be liable under section 517.211 . . . Court determines that conduct sufficient to constitute solicitation for the purposes of satisfying § 517.211 . . . In interpreting the meaning of “solicits” in the context of section 517.211, Florida Statutes, courts . . .
. . . The Panel further found that the Plaintiff had violated Section 517.211 of the Act, entitling the Defendant . . . to render a definite award because its award only makes reference to one section of the Act, Section 517.211 . . . Thus, Plaintiff asserts, by finding that Liberty had only violated Section 517.211, the Panel failed . . . Defendant here requested that the Panel include the specific reference to Section 517.211 to preserve . . .
. . . that the arbitrators had authority to award attorney fees under the Florida securities laws, Section 517.211 . . .
. . . However, we find merit in his second contention, conclude that section 517.211(6) is not involved in . . . LTI sought relief from this conduct through an award of attorney’s fees pursuant to section 517.211(6 . . . Thus, LTI’s counterclaim was not “brought under” section 517.211, and the language of section 517.211 . . . It found that a prevailing counterclaimant was not entitled to section 517.211 fees because chapter 517 . . . Section 517.211 is titled “Remedies available in cases of unlawful sale.” . . .
. . . . §§ 517.211(2) and 517.301; (4) rescission and rescissionary damages for violating §§ 517.211(2) and . . . Stat. §§ 517.211 and 517.301. . . .
. . . See § 517.211, Fla. Stat. (1993) (providing remedies for violations of section 517.301). . . . .
. . . Section 517.211(6), Florida Statutes (1995), provides: In any action brought under this section, including . . . This language was sufficient to permit a fee award under section 517.211(6). . . .
. . . Appellees were the prevailing party in that suit within the meaning of section 517.211(6), Florida Statutes . . . 517 portions of that lawsuit, unless the court finds that “the award of such fees would be unjust.” § 517.211 . . .
. . . Section 517.211 of the Florida Statutes states that: Every sale made in violation of either s. 517.07 . . . Section 517.12(13), the Defendant is entitled to summary judgment on the issue of recission under Section 517.211 . . .
. . . following arbitration, appeal the circuit court order denying attorney’s fees sought pursuant to section 517.211 . . . parties did not agree to submit to the arbitration panel the issue of attorney’s fees under section 517.211 . . . , Prudential and Ryan for the first time specifically requested attorney’s fees pursuant to section 517.211 . . . on attorney’s fees, and denied Prudential and Ryan’s request for attorney’s fees pursuant to section 517.211 . . . See § 517.211(6). However, citing Stockman v. . . .
. . . prospectus, as required by section 517.075, Florida Statutes (1995) and rescission, as set forth in section 517.211 . . .
. . . sellers of securities through this branch office are entitled to rescission or damages pursuant to § 517.211 . . .
. . . It entered judgment against them under section 517.211, Florida Statutes (1987), which provides the remedies . . . finding a violation of section 517.301, and imposing judgment based on the remedies set forth in section 517.211 . . .
. . . Pursuant to section 517.211, the trial court ordered rescission of the purchase, which included return . . . Subsection 517.211(2) imposes individual liability on persons participating or aiding in the sale of . . . See § 517.211(2); Whigham v. Muehl, 500 So.2d 1374, 1380 (Fla. 1st DCA 1987). . . .
. . . . § 517.211(1), (2). . . . F.S.A. § 517.211(1), (2). This Court addressed this very issue in In re Sahlen & Assoc., Inc. Sec. . . . 773 F.Supp. 342, 372 (S.D.Fla.1991) (Hoeveler, D.J.), holding that a “plaintiff may recover under § 517.211 . . . He “determine[d] that conduct sufficient to constitute solicitation for purposes § 517.211 liability . . . .2d 978 (Fla.) answer to certified question conformed to 867 F.2d 1281 (11th Cir.1989) (effect of § 517.211 . . .
. . . excess of $1.4 million and recision pursuant to the Florida Securities and Investor Protection Act, § 517.211 . . .
. . . Fla.Stat. § 517.211(2). . . . Rousseff, 537 So.2d 978, 981 (Fla.1989) (“The effect of section 517.211 is similar to that of federal . . . Finally, this Court finds that there is no reason why a plaintiff proceeding under a 517.211 cause of . . . This Court sees no reason why a plaintiff proceeding under section 517.211 should be required to prove . . . Fla.Stat. § 517.211(3)(a). . . .
. . . . § 517.211 (imposing liability for use of fraudulent device in a purchase or sale of security on “every . . .
. . . . § 517.211(6) (West 1988). . . .
. . . Count II sought rescission, compensatory damages, interest, and attorneys’ fees pursuant to Section 517.211 . . . Pursuant to Section 517.211(6), Florida Statutes (1993), the trial court awarded the plaintiffs attorneys . . . Section 517.211(6), Florida Statutes (1993), provides as follows: “In any action brought under this section . . .
. . . Appellants do not rely on these provisions in sections 517.211 and 517.301(1) as the basis for their . . . That opinion does not purport to hold that the remedies provided in section 517.211 are exclusive of . . .
. . . 5) alleges Negligent Misrepresentation against all Defendants; (6) alleges violation under Sections 517.211 . . . SECTIONS 517.211 AND 517.301 OF THE FLORIDA SECURITIES INVESTOR PROTECTION ACT (“FSI-PA”) The Florida . . . Individual Defendant’s Dis-positive Motion to Dismiss (Dkt. # 13) alleged violations under Sections 517.211 . . . Defendant KPMG Peat Marwick’s Dispositive Motion to Dismiss (Dkt. # 16) alleged violations of Sections 517.211 . . .
. . . We look first to the internal context of the word both within section 517.211 and in harmony with the . . . When we examine section 517.301, for which section 517.211 provides a remedy, it also fails to support . . . a literal application of the statutory definition of “agent” in section 517.211. . . . In interpreting section 517.211(2), the court in First Union Brokerage v. . . . These examples also illustrate that the use of the salesman definition of "agent” in section 517.211 . . .
. . . required under section 517.12, Florida Statutes (1989), thus entitling him to rescission under section 517.211 . . .
. . . . §§ 517.07 and 517.081 (West 1988), and demand the concomitant right of rescission under section 517.211 . . . Section 517.211, which provides for rescissory damages, does not itself speak to whether proceedings . . . Rousseff, 537 So.2d 978, 981 (Fla.1989) (noting that remedies in § 517.211 are patterned on common law . . . Section 517.211(3) of FIPA provides that the amount recoverable in a rescission action by the purchaser . . . Fla.Stat.Ann. § 517.211(4). . . .
. . . Smith Barney simultaneously requested fees in a separate motion filed pursuant to section 517.211(6), . . .
. . . . § 517.211), violations of § 10(b) of the Securities and Exchange Act, 15 U.S.C. § 78j(b) and S.E.C. . . .
. . . Section 517.211(1) provides that Every sale made in violation of ... s. 517.12 may be rescinded at the . . .
. . . The portions of the statutes involved in Rousseff, subsections 517.211(2)-(5) and 517.301(1), Florida . . . Subsections 517.211(2)-(5) deal only with claims for rescission or damages due to a violation of paragraph . . . Appellants do not rely on these provisions in sections 517.211 and 517.301(1) as the basis for their . . . That opinion does not purport to hold that the remedies provided in section 517.211 are exclusive of . . . ruled that “proof of loss causation is not required in a civil securities proceeding under sections 517.211 . . .
. . . . § 517.211. . . .
. . . A private right of action is found in section 517.211 which states: (2) Any person purchasing or selling . . . Section 517.211 is similar in effect to federal section 12(2) except that 12(2) protects buyers only . . . from untruthful sales, whereas section 517.211, protects both buyers and sellers. . . .
. . . their complaint, the Depews requested attorneys’ fees for the 10b-5 allegations and pursuant to Section 517.211 . . .
. . . Florida Claimants base their claim for pre-petition attorneys fees on § 517.211(6) of Florida’s “Blue . . . Act § 517.211(6) (emphasis added). . . .
. . . In Count XII Harrison did cite Fla.Stat. ch. 517.211 and 517.301, but, as in most of the other counts . . .
. . . Stat. ch. 517.211, which the arbitration panel failed to do. . . . that the violation of Fla.Stat. ch. 517.12 automatically triggers a damage award under Fla.Stat. ch. 517.211 . . . conclusion was reached in light of Fla.Stat. ch. 517.12 and the mandatory damages provision of Fla.Stat. ch. 517.211 . . . Skurnick violated chapter 517.12 and that Ainsworth is entitled to mandatory damages under chapter 517.211 . . .
. . . . § 517.211. Defendants countered that Mr. . . . the amount of $54,108.78 owing to the claimant under the mandatory damages provision of Fla.Stat. § 517.211 . . . unless the person has been registered with the department pursuant to the provisions of this section. . 517.211 . . .
. . . The attorneys’ fees available under section 517.211(6), Florida Statutes (1987), clearly fall within . . . We note that the statutory authorization for fees in section 517.211(6) allows a trial court to deny . . . As a result of this holding, we conclude that the Wienekes’ successful claim under section 517.211(6) . . .
. . . . § 517.211, which gives the purchaser the option of voiding the sale and instituting an action for rescission . . . This section must be read with section 517.211(1), Florida Statutes (1989), which provides, in pertinent . . . that section has been violated, damages are automatic in accordance with the provisions of section 517.211 . . .
. . . contested judgment for attorneys’ fees in an action alleging the unlawful sale of securities under section 517.211 . . . interest in the award, we find the instant case distinguishable from Pirretti, which was based on section 517.211 . . .
. . . and § 517.301 of the Florida Securities and Investor Protection Act (“FSIPA”), Fla.Stat. §§ 517.211 . . . Contrasting the express civil liability provision of § 517.211 with the implied liability of Rule 10b . . . It requires no privity between buyer and seller____ [S]ection 517.211 ... . . . Section 517.211(2) provides a civil cause of action for Plaintiffs, as buyers of securities, against . . . Accordingly, this Court holds that a plaintiff may recover under § 517.211 from either (1) his seller . . .
. . . . §§ 517.12 and 517.211. . . .
. . . the prevailing defendants awarded in an action alleging the unlawful sale of securities under section 517.211 . . .
. . . . § 517.211 and not § 517.241(3). . . .
. . . . §§ 517.301, 517.211, which apparently permits recovery even absent loss causation and has nothing to . . .
. . . Rousseff, 537 So.2d 978 (Fla.1989) (§ 517.211 requires buyer/seller privity). . . .
. . . . §§ 517.301 and 517.211 (1980) (count V); committed common-law fraud (count IV) and negligence (count . . . Measure of Damages Under Florida Securities Law Section 517.211 provides a remedy for violation of the . . . Fla.Stat. § 517.211(2)-(4). . . . The remedial effect of § 517.211 is similar to that of § 12(2) of the Securities Act of 1933. E.F. . . . Further, there is nothing in the language of § 517.211 to indicate that the Florida legislature intended . . .
. . . Plaintiff cites Section 517.211(6) of the FIPA as support for an award of attorneys’ fees. . . . The Court assumes that Plaintiff was referring to Florida Statutes, § 517.211(6). . . . Plaintiff correctly quotes § 517.211(6): In any action brought under this section, including an appeal . . .
. . . . § 517.211(1) (“Count Five”); Section 517.221(2) of the FISPA, Fla.Stat. . . . . § 517.211(2) (“Count Six”); Section 1962(b) of RICO, 18 U.S.C. § 1962(b) (“Count Seven”); and Section . . . Count Five asserts a claim based upon section 517.211(1) of the FISPA. Fla.Stat.Ann. § 517.211(1). . . . Count Six of the Complaint is based upon section 517.211(2) of the FISPA. Fla.Stat. . . . . § 517.211(2). . . .
. . . . § 517.211. . . . A violation of § 517.12 automatically triggers damages under Fla.Stat. § 517.211, which gives the purchaser . . . 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. § 517.211. . . . As stated earlier Fla.Stat. § 517.211 provides that every sale made in violation of Section 517.12 may . . .
. . . . § 517.211(2), which operates upon Section 517.301, provides that: Any person purchasing or selling . . . As this Court previously held in Milos, 717 F.Supp. at 1524, “Section 517.211 expressly provides for . . . The remedies for violation of Section 517.12 are set forth in Fla.Stat. § 517.211 which authorizes rescission . . .