The 2023 Florida Statutes (including Special Session C)
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. . . .” § 517.301, Fla. Stat. (2012). . . . The FSIPA provides for a remedy of rescission for all violations of section 517.301 “if the plaintiff . . . Joint and several liability under section 517.301 extends to any “director, officer, partner, or agent . . . Perazzo, 357 F.3d 1218, 1222 (11th Cir. 2004) (noting the elements of a section 517.301 claim are similar . . . as to justifiable reliance in Rousseff was dicta and’holding reliance is not an element of a section 517.301 . . .
. . . )l., Florida Statutes ■ (2007); and (2) a fraudulent security transaction, in violation of sections 517.301 . . . time of appellant’s crime, the statutory elements of a fraudulent security transaction, under section 517.301 . . . See § 517.301(l)(a), Fla. Stat. (2007). This is not required of grand theft. . . .
. . . See §§ 517.301 (l)(a)2. & 517.302(1), Fla. Stat. (2012). . See § 812.014(2)(b)l„ Fla. . . .
. . . . § 517.301; common-law fraud; negligent misrepresentation; unjust enrichment; and imposition of a constructive . . .
. . . We have held that the elements of a Section 10(b) claim are virtually identical to a Section 517.301 . . .
. . . violation of section 517.07, Florida Statutes, and committed securities fraud in violation of Section 517.301 . . . Claimants, as follows: (1) as to misrepresentation, Respondents are in violation of Florida Statute § 517.301 . . . association ... to have violated provisions of Chapter 517, Florida Statutes, specifically Section 517.301 . . . violated section 517.07, Florida Statutes, by selling unregistered securities, and violated section 517.301 . . .
. . . The Barbachano complaint alone alleges a violation of state securities fraud under Florida Statute §§ 517.301 . . . (“§ 517.301”) and 517.211(2). . . . See Anwar IV, 826 F.Supp.2d at 585-90 (applying Rule 9(b) to § 517.301 and negligent misrepresentation . . . The elements of § 517.301 securities fraud are almost identical to common law fraud and federal securities . . . "To state a claim under § 517.301, a plaintiff must allege: (1) a misrepresentation or omission of material . . .
. . . . § 517.301 (“FSIPA”); and 3) additional factual allegations. (See Docket No. 838, 840.) . . .
. . . . § 517.301; 815 Ill. Comp. Stat. § 5/12; Mass. Gen. . . .
. . . violations of the Florida Securities and Investor Protection Act, and in particular violation of section 517.301 . . . Section 517.211(2) creates a civil remedy for a violation of section 517.301: Any person purchasing or . . . selling a security in violation of s. 517.301, and every director, officer, partner, or agent of or . . . In count six, Eagletech alleged that the named defendants had violated section 517.301(1) via a market . . . Section 517.301(1) provides: It is unlawful and a violation of the provisions of this chapter for a person . . .
. . . The securities act violation claims are based on section 517.301(l)(a), Florida Statutes (2004), which . . .
. . . the following counts against seven individual Defendants: (1) securities fraud pursuant to section 517.301 . . . Count One In count one, Plaintiffs allege Defendants violated section 517.301(l)(a) (“Section 301”) of . . . Stat. § 517.301(l)(a)(l)-(3). . . . Rousseff, 537 So.2d 978, 981 (Fla.1989) (“Proof of loss causation is not mentioned in sections 517.211 or 517.301 . . . proof of loss causation is not required in a civil securities proceeding under sections 517.211 and 517.301 . . .
. . . FRAUD CLAIMS UNDER § 517.301 1. . . . Stat. § 517.301(l)(a). . . . Finally, § 517.301 does not create a private right of action. . . . Sufficiency of § 517.301 Claims under Rule 9(b) SCBI argues that Almiron and Carrillo’s § 517.301 claims . . . Mgmt., Inc., 401 F.Supp.2d 1270, 1280 (S.D.Fla.2003) (§ 517.301)). . . .
. . . . § 517.301; (7) fraud and fraud in the inducement; and (8) negligent misrepresentation. . . .
. . . violations of the Florida Securities and Investor Protection Act (FSIPA), Florida Statutes section 517.301 . . . Plaintiff brought his FSI-PA claim pursuant to Florida Statutes sections 517.301(l)(a) and 517.211(2) . . . explaining that section 517.211(2) provides the civil liability provision for violations of section 517.301 . . . July 3, 2008) ("Because § 517.301 involves fraud, Plaintiffs must allege the elements of the claim with . . .
. . . Pursuant to Florida Statute § 517.301: It is unlawful and a violation of the provisions of this chapter . . . The remedy for a violation of Section 517.301 is contained in Florida Statutes Section 517.211(2) and . . . states: Any person purchasing or selling a security in violation of s. 517.301, and every ... agent . . . a Seller’s Agent Wachovia first argues that it is not liable under FSIPA, Florida Statutes Section 517.301 . . . The County responds that “[ujnlike its federal counterpart, a securities fraud claim under Section 517.301 . . .
. . . . § 517.301. . SC ¶¶ 33, 44, 52-53, 55, 67, 78, 88. . Id. ¶¶ 47-54. . Id. ¶¶ 33, 55. . . . .
. . . 10b-5 (Count II), common law fraud (Count III), and securities fraud pursuant to Florida Statute § 517.301 . . . St. § 517.301 Plaintiff alleges in Count IV that the defendants violated Florida Statute § 517.301 by . . . Florida Statute § 517.301 makes it unlawful for any person: (a) In connection with the rendering of any . . . Stat. § 517.301. . . . Under section 517.301 an agent can be held liable for fraud. Fla. Stat. § 517.211. . . .
. . . . § 517.301, against the Company and Charles W. . . .
. . . all Defendants (Count III); Declaratory Judgment against White Oak (Count IV); Violation of Section 517.301 . . . Defendants Count III (fraudulent inducement against all Defendants), Count V (violation of Section 517.301 . . . does not bar Sierra’s statutory claims, such as the fraud claims brought for violations of Section 517.301 . . .
. . . . § 517.301]; (3) violations of the Massachusetts Uniform Securities Act [Mass. Gen. . . .
. . . Section 517.301, Florida Statutes, makes it unlawful to employ certain false representations, schemes . . . ) imposes individual liability on: [a]ny person purchasing or selling a security in violation of s. 517.301 . . . In discussing the meaning of the term agent in the context of section 517.301, this court explained that . . .
. . . . § 517.301(l)(b) by promoting WorldCom through its marketing and advertising without disclosing that . . .
. . . the defendants acts or practices constituted a scheme to defraud in violation of Florida Statute § 517.301 . . .
. . . . § 517.301; (12) Accounting. . . . . Stat. § 517.301; (12) Accounting. . . .
. . . Issuance of Lis Pendens (Count III) against Morgan, individually, and a violation of Florida Statute § 517.301 . . .
. . . . § 517.301; (2) cyberstalking under 47 U.S.C. § 223; (3) dilution of trade name under Fla. . . .
. . . . § 517.301(l)(b) by promoting WorldCom through its marketing and advertising without disclosing that . . . dealers, directly or indireetly[,] for the advertisements and promotions violated Florida Statute Section 517.301 . . .
. . . Noddle was the trustee for the Mal-ing Trust, which sued Appellants for violation of section 517.301, . . .
. . . .; 5) prejudgment interest; and 6) a finding that each respondent violated Section 517.301, Florida Statutes . . . Stat. ch. 517.301 but failed to award the full statutory damages as directed by Fla. . . .
. . . . § 517.301 (l)(a) (2001). Rl-7, Exh. 3 at 1. He was sentenced to thirty-four months in prison. . . .
. . . . § 517.301(l)(a) (2001). R1-7, Exh. 3 at 1. He was sentenced to thirty-four months in prison. . . .
. . . Securities Fraud (Counterclaim Count VII) A successful claim for securities fraud under Florida Statute 517.301 . . .
. . . The thrust of the Vogels’ complaint was that Wachovia violated section 517.301, which is titled “Fraudulent . . .
. . . Peebles presented the following claims: (1) violation of Section 517.301 of Florida Statutes; (2) fraud . . .
. . . Stat. 517.301, breach of fiduciary duty, fraudulent inducement, negligence and negligent supervision. . . . Stat. 517.301, breach of fiduciary duty, fraudulent inducement, negligence and negligent supervision . . . Section 517.301 of the Florida Securities and Investors Protection Act provides, in part, that: (1) It . . .
. . . The Boleses’ claims unquestionably sound in tort and as violations of section 517.301, Florida Statutes . . .
. . . . § 517.301 (l)(a), known generally as Florida’s “Little 10b-5.” . . . It imposes liability only on “[a]ny person purchasing or selling a security in violation of § 517.301 . . . Stat. 517.301(l)(a), a director or officer must personally engage in some act or acts that induce a purchaser . . . directed to violations of Section 517.07 and 517.12 and the latter directed to violations of Section 517.301 . . . proportion, to say the least): (1) persons who purchased or sold a security in violation of Section 517.301 . . .
. . . . § 517.301. . . . Stat. § 517.301. II. . . . Stat. § 517.301 as well. However, because Musolino prevails under Fla. . . . Stat. § 517.301 is the same — namely, recision — we need not address Machzikei Hadas’s grievance with . . . Stat. § 517.301. Compare Fla. Stat. § 517.211(1) with Fla. Stat. § 517.211(2). . . .
. . . Petitioners and against Respondent Cassedy on a statutory violation of the Florida Securities Act, § 517.301 . . . arbitration award acknowledges in the case summary that Petitioners raised a statutory claim under § 517.301 . . .
. . . . § 517.301 (fraudulent transactions); BSEC, FLEET and Pusso for violation of FI. . . .
. . . Rule 144; (2) State Securities Fraud in violation of Florida Statutes ch. 517.301; (3) Common Law Fraud . . .
. . . sought recovery against Debtor on claims for breach of contract, violations of Sections 517.01 and 517.301 . . .
. . . . § 517.301(l)(a). He was sentenced to thirty-four months in prison. . . .
. . . Failure to Allege the Purchase of a Security Section 517.301 of the Florida Securities and Investor Protection . . . The elements of a cause of action under § 517.301 are identical to those under the Federal Rule 10b-5 . . . based on the allegations in count 10, he is clearly alleging a violation of Florida Statute Chapter 517.301 . . .
. . . Plaintiffs further maintain that Sections 517.12, 560.111, 655.50, and 517.301, Florida Statutes, impose . . . a security in violation of s. 517.301, and every director, officer, partner, or agent of or for the . . . Therefore, as a matter of law Plaintiffs cannot maintain a claim for a violation of Section 517.301, . . . A plaintiff is afforded a private cause of action for violations of section 517.301, Fla. . . . Stat. § 517.301(1)). . . .
. . . . § 517.301), Plaintiffs seek to hold Safra vicariously liable for misrepresentations that BNM representatives . . . Stat. §§ 517.301, 517.07, 517.211; Allen v. . . . Fla. 4th DCA 1999) (sales or offers for sale occurring outside of Florida are not actionable under § 517.301 . . .
. . . . § 517.301(l)(a). . . .
. . . The complaint in Ward was based on common law fraud, securities fraud under section 517.301, Florida . . . In Ward, the Third District Court of Appeals notes that a securities fraud claim under section 517.301 . . . pursuing claims for: violation of Florida Securities and Investor Protection Act sections 517.12(5) and 517.301 . . . The Palmer court found that Florida Statute subsections 517.301(3) and 517.12(11) and rule 3E-600.08 . . . also said “Nothing in the Rousseff opinion purports to pass on the statutory provisions in subsection 517.301 . . .
. . . . § 517.301 (West 1997). . . . under Section 517.211(2) which states: Any person in purchasing or selling a security in violation of § 517.301 . . .
. . . counts alleged two or more violations of the Florida Securities and Investor Protection Act, section 517.301 . . . or to “engage in any transaction, practice, or course of business which operates ... as a fraud.” § 517.301 . . . At least two violations of section 517.301(l)(a) in which money was obtained from Escambia County were . . . Black based on violations of section 517.301(l)(a), Florida Statutes (1993), which the state alleged . . . (These theories correspond to section 517.301(l)(a)l., 3. and 2., respectively.) . . .
. . . and third-party complaint against the Clients, asserting fraud; negligence; violations of sections 517.301 . . .
. . . Panel finds that Respondents Cohen, Lee, Bekhor, and Island Securities violated Sections 517.211 and 517.301 . . .
. . . 1), 517.301(1)(a)(2), and 517.301(1)(a)(3), Florida Statutes. . . . This is not the case with Section 517.301. . . . (1)(a)(2) as 517.301(2). . . . Section 517.301(2) is a definitional section of the statute. . . . of Section 517.301(1)(a)(2). . . . .
. . . further retooled their order and found that NationsBanc had violated both the common law and section 517.301 . . .
. . . Stockholder filed a Complaint against Bank alleging common law fraud, securities fraud under section 517.301 . . . that the trial court erred in entering Summary Judgment on the securities fraud claim under section 517.301 . . . Under section 517.301, it is unlawful to engage in fraud “in connection with the offer, sale or purchase . . . , even if that were true, we find that Stockholder still has a securities fraud claim under section 517.301 . . . Unlike its federal counterpart, a securities fraud claim under section 517.301 may also be brought for . . .
. . . Section 517.301, Florida Statutes, provides that any action for a violation of chapter 517, Florida Statutes . . .
. . . (Registration of dealers, associated persons, investment advisers, and branch offices), or section 517.301 . . .
. . . Plaintiffs filed a four count complaint against the defendant alleging violation of § 517.301 of the . . . Count I Securities Fraud — Violation of § 517.301, Florida Statutes Count I of plaintiffs complaint alleges . . . a violation of § 517.301, Florida Statutes. . . . not serve to extend the five-year bar provided by the statute of limitations in § 95.11(4)(e) in a § 517.301 . . .
. . . . §§ 517.211(2) and 517.301; (4) rescission and rescissionary damages for violating §§ 517.211(2) and . . . 517.301; (5) fraud in the inducement; (6) negligent misrepresentation; (7) breach of fiduciary duty; . . . Stat. § 517.301 create or confer rights different from those found at common law. . . . Stat. § 517.301 is virtually identical to that of Rule 10b-5, the court finds that § 517.301 creates . . . Stat. §§ 517.211 and 517.301. . . .
. . . The security fraud claims are grounded on section 517.301, Florida Statutes, an anti-fraud provision . . .
. . . See § 517.301, Fla. Stat. (1993). . . . venue principle applies to all three of its claims, including its securities fraud claim under section 517.301 . . . It does not appear that such reliance damages are a compensable injuiy under its section 517.301 FSIPA . . . Stat. (1993) (providing remedies for violations of section 517.301). . . . .
. . . which would not support her entitlement to attorney’s fees, as well as a statutory claim under section 517.301 . . .
. . . Success on the FSIPA claim, see section 517.301, Florida Statutes (Supp.1992), would entitle Durham to . . .
. . . We affirm the trial court’s finding of a violation of section 517.301, Florida Statutes (1985), for the . . .
. . . of the Exchange Act (Count III); Breach of Fiduciary Duty (Count TV); Florida Blue Sky Law Section 517.301 . . . Violation of Florida Blue Sky Law § 517.301 (Count V) Defendants argue the Trustee has failed to meet . . . Thus, to establish a claim under § 517.301, a plaintiff must establish the following: (1) a misrepresentation . . . because the Trustee has failed sufficiently to plead an element necessary to bring a claim under § 517.301 . . .
. . . . § 517.301 of the Florida Securities laws by defrauding or otherwise wrongfully inducing Plaintiff and . . .
. . . Plaintiff also alleges a violation of Section 517.301(l)(a)(2) of said act because Defendant conducted . . . Second, that Defendant breached its contract with Plaintiff by violating Sections 517.12 and 517.301 . . .
. . . Civil Theft Statute, section 812.014, and the Florida Securities and Investor Protection Act, section 517.301 . . . The arbitrators found that appellant violated section 517.301, Florida Statutes, and awarded appellees . . .
. . . of business which operated or would operate as a fraud or deceit upon a person, in violation of §§ 517.301 . . . (l)(a)(l) and 517.301(l)(a)(3) of the Florida Securities Act; 4. . . .
. . . appellee sounded in common law fraud and the other claimed damages pursuant to violations of section 517.301 . . .
. . . court found KDS and Kashner liable only for statutory securities fraud in contravention of section 517.301 . . . under section 517.211, Florida Statutes (1987), which provides the remedies for a violation of section 517.301 . . . The trial court, therefore, erred in finding a violation of section 517.301, and imposing judgment based . . .
. . . . § 78r) and Sections 517.241 and 517.301 of the Florida Securities Act, has previously consented to . . .
. . . (HSSI) violated section 517.301, Florida Statutes (1993), by making material misrepresentations that . . . in the sale of securities as follows: Any person purchasing or selling a security in violation of s. 517.301 . . . Section 517.301, Florida Statutes (1993), states in relevant part: (1) It is unlawful and a violation . . .
. . . Florida Securities and Investor Protection Act Section 517.301(1), Florida Statutes (1995) provides: . . .
. . . . § 517.301. . . .
. . . . § 517.301 by selling investments in ETOs while operating a boiler room operation as defined by Fla.St . . . Plaintiffs’ Claims Involve Investments Under § 517.301(2) Fla.Stat. § 517.301(2) reads, in pertinent . . . See Fla.Stat. § 517.301(1). . . . Milos, 997 F.2d 835, 844 (11th Cir.1993), the Eleventh Circuit stated, “To establish a § 517.301 claim . . . A reading of Florida’s Boiler Room statute reveals that in an action for the violation of § 517.301, . . .
. . . . § 517.301 (1994), which prohibits the fraudulent procurement of an investment. . . .
. . . Section 517.301, Florida Statutes (1987), provides: (1) It is unlawful and a violation of the provisions . . .
. . . 517.161, Florida Statutes (1989), based upon appellants’ having violated sections 517.12(1), 517.07, 517.301 . . . (l)(a)2, and 517.301(l)(c), Florida Statutes (1989). . . . evidence of mitigating circumstances as to the alleged violations of sections 517.12(1), 517.07, and 517.301 . . . The Department did not seek to preclude such evidence as to the alleged violations of section 517.301 . . . Section 517.301 (1989), Florida Statutes, provides in pertinent part: 517.301 Fraudulent transactions . . .
. . . The court in Palmer, however, next found that Florida Statute subsections 517.301(3) and 517.12(ll)(b . . . Although the Investors did not specifically cite subsection 517.301(3), their memoranda in opposition . . . The portions of the statutes involved in Roussejf, subsections 517.-211(2)-(5) and 517.301(1), Florida . . . Appellants do not rely on these provisions in sections 517.211 and 517.301(1) as the basis for their . . . Nothing in the Roussejf opinion purports to pass on the statutory provisions in subsection 517.301(1) . . .
. . . Negligent Misrepresentation against all Defendants; (6) alleges violation under Sections 517.211 and 517.301 . . . SECTIONS 517.211 AND 517.301 OF THE FLORIDA SECURITIES INVESTOR PROTECTION ACT (“FSI-PA”) The Florida . . . Defendant’s Dis-positive Motion to Dismiss (Dkt. # 13) alleged violations under Sections 517.211 and 517.301 . . . Peat Marwick’s Dispositive Motion to Dismiss (Dkt. # 16) alleged violations of Sections 517.211 and 517.301 . . .
. . . . § 517.301. .See Case History, supra. . . . .
. . . Stat. 517.301. . . . under Section 517.211(2) which states: Any person purchasing or selling a security in violation of s. 517.301 . . . When we examine section 517.301, for which section 517.211 provides a remedy, it also fails to support . . . Section 517.301, Florida Statutes (1983) provides: Fraudulent transactions; falsification or concealment . . . exclude an entire array of related “persons,” other than the actual seller, who could violate section 517.301 . . .
. . . . § 517.301; Ariz.Rev.Stat. Ann. § 44-1991. . . .
. . . would apply the state’s two-year statute of limitations applicable to actions under Florida Statutes § 517.301 . . .
. . . 415.111, chapter 443, section 493.3175, sections 494.0018, 496.413, and 496.417, chapter 509, subsection 517.301 . . .
. . . The Florida complaint alleges a failure to disclose in violation of Florida’s Blue Sky Law, section 517.301 . . . fraud and misrepresentation complaint through the state fraudulent securities transactions statute, § 517.301 . . .
. . . . § 78j (1988), and Rule 10b-5 promulgated thereunder; and (2) section 517.301 of the Florida Securities . . .
. . . violations of the Florida Securities and Investor Protection Act at Florida Statutes sections 517.241 and 517.301 . . .
. . . . § 517.301(l)(a), must be DENIED. II. . . .
. . . . § 517.301 (1989), a state securities anti-fraud statute, by making false representations, (2) committed . . . , and five of their amended counterclaim, the Miloses alleged that First Union violated Fla.Stat. § 517.301 . . . To establish a § 517.301 claim, the Miloses had to prove that, in connection with a securities transaction . . . Section 517.301 declares it unlawful for a person, in connection with a security transaction, directly . . . Fla.Stat. § 517.301 (1992 Supp.). . . . .
. . . When read in pari materia, subsections 517.12(ll)(b) and 517.301(3), Florida Statutes (1983), and rule . . . Section 517.301 provides in pertinent part: It is unlawful and a violation of the provisions of this . . . The portions of the statutes involved in Rousseff, subsections 517.211(2)-(5) and 517.301(1), Florida . . . Appellants do not rely on these provisions in sections 517.211 and 517.301(1) as the basis for their . . . Unlike subsection 517.301(1), subsection 517.301(3) does not address solely sales transactions between . . .
. . . have also filed claims against Defendants for violation and conspiracy to violate Florida Statute § 517.301 . . .
. . . complaint, the psychiatrist alleged that the active participants and the association had violated section 517.301 . . . Their liability for a section 517.301(l)(a)(2) violation, however, turns on whether the omitted fact . . . Section 517.301, Florida Statutes (1991), states that it is unlawful for a person (a) in connection with . . . Section 517.301 creates a "criminal or administrative offense which allows the government to pursue wrongdoers . . . section 517.211 which states: (2) Any person purchasing or selling a security in violation of section 517.301 . . .
. . . Chapter 92-45, section 8, Laws of Florida, amended section 517.301, Florida Statutes, to make the rendering . . . 415.111, chapter 443, section 493.3175, sections 494.0018, 496.413, and 496.417, chapter 509, subsection 517.301 . . . Section 494.0018 — Mortgage Brokers Section 496.413, 496.417 — Solicitation of Contributions Section 517.301 . . .
. . . would apply Florida’s two-year statute of limitations applicable to actions under Florida Statutes § 517.301 . . .
. . . In Count XII Harrison did cite Fla.Stat. ch. 517.211 and 517.301, but, as in most of the other counts . . .
. . . recision based upon two theories: common law fraudulent misrepresentation and violation of section 517.301 . . .