Arrestable Offenses / Crimes under Fla. Stat. 517.302
S517.302 - FRAUD - RENUMBERED. SEE REC # 9945 - F: T
S517.302 - FRAUD - RENUMBERED. SEE REC # 1813 - F: F
CopyCited 35 times | Published | District Court, S.D. Florida | 1989 U.S. Dist. LEXIS 8235, 1989 WL 79786
...bution trading, is not within the purview of Section 12(2) of the Securities Act. Accordingly, Plaintiff's Motion to Dismiss Count I of Defendants' Counterclaim is GRANTED on this basis. Failure to State a Claim under Florida Statute Section
517.301 Section
517.302(1)(a) of the Florida Securities Act, patterned after Rule 10b-5 of the federal securities laws, makes it unlawful for anyone (1) To employ any device, scheme, or artifice to defraud; * * * * * * (3) To engage in any transaction, pract...
CopyCited 17 times | Published | Florida 1st District Court of Appeal
...orded any orders entered by the department with respect to such securities. Such register, and all information with respect to the securities registered therein, shall be open to public inspection. Violation of this statute is a third degree felony. § 517.302, Florida Statutes (1981)....
CopyCited 16 times | Published | Florida 5th District Court of Appeal
...because of a defect in its content or form after the two year period has elapsed, the period for commencing prosecution shall be extended three months from the time the indictment, information, or affidavit is dismissed or set aside. [2] Fla. Stat. 517.302 (1973) allows five years within which to begin prosecution.
CopyCited 14 times | Published | Supreme Court of Florida
...NOTES [1] Art. V, § 3(b)(3), Fla. Const. [2] They charged also that the sales took place when Buchman and Horne were not registered salesmen. This opinion does not concern the second charge. [3] Fifth Amendment to the U.S.Const., Art. I., § 9, Fla. Const. [4] § 517.302, Fla....
CopyCited 12 times | Published | Florida 5th District Court of Appeal
...NOTES [1] This section was amended November 1, 1978 and now appears as section
517.021(15). The revision has left the prior definition essentially unchanged. [2] Under the 1973 Florida Statutes, the statute of limitations for prosecution of offenses committed under the Sale of Securities Act was five years. §
517.302, Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...We do not know what evidence was before the trial court to form the basis for his judgment and in the absence of a showing from the record to the contrary, such judgment comes to us clothed with a presumption of correctness. NOTES [1] F.S. §
517.12(1), F.S.A. [2] F.S. § 517.19(4) (6), F.S.A. [3] F.S. §
517.302, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17152
...dly committed, § 932.-465(2), Fla.Stat. (1973). A hearing on the motion was held on February 2, 1979. On June 27, 1979, the judge then assigned to the case ruled that the prosecution was not barred and that the applicable statute of limitations was § 517.302, Fla.Stat....
...offenses operates as an exception to the general two year statute of limitation. Carcaise v. Durden,
382 So.2d 1236 (Fla. 5th DCA 1980). The appellant in Carcaise, supra, argued that because of § 932.465, enacted in 1971, was enacted subsequent to §
517.302, first enacted in 1951, the conflict must be resolved in favor of the later enactment....
...The trial judge erred in applying the general statute of limitations in effect in early 1974 for prosecutions of felonies not punishable by death, § 932.465(2) Fla.Stat. (1973); the specific statute of limitations in effect at that time for violations of the sale of securities law, § 517.302 allowed five years for prosecution of such violations....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15477
...Following the filing of this action here, we issued an order to show cause and stayed trial on the four counts. Upon a study of the state’s response, we now conclude that the petitioners are entitled to a writ of prohibition. There is a special five year statute of limitations for the illegal sale of securities. § 517.302, Fla.Stat....
...This statute refers to all offenses proscribed by Chapter 517 but there is no reference to conspiracy in that chapter. . The statute of limitations is now Section 775.-15, Florida Statutes (1979), which went into effect on October 1, 1975. Ch. 74-383, § 10, Laws of Fla.; Ch. 75-24, Laws of Fla. .See § 517.302, Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 463243
...Section
775.15 is a default statute that applies where no specific statute of limitations has been made applicable to a criminal offense or in situations where the Legislature has expressly called for its use. There is at least one example that illustrates the point. Prior to 1986, section
517.302, Florida Statutes, provided that: "Whoever violates any of the provisions of this chapter is guilty of a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. The statute of limitations for prosecution of offenses committed under this chapter shall be 5 years." See §
517.302, Fla....
...ocess eliminated the specific statute of limitations. Instead, they replaced the former provision with a new subsection (4) which specified that: "Criminal prosecution for offenses under this chapter is subject to the time limitations of s.
775.15." §
517.302(4), Fla....
