The 2023 Florida Statutes (including Special Session C)

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

Chapter 517
SECURITIES TRANSACTIONS

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F.S. 517.302

517.302 Criminal penalties; alternative fine; Anti-Fraud Trust Fund; time limitation for criminal prosecution.—

(1) 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.

(2) Any person who violates the provisions of s. 517.312(1) by obtaining money or property of an aggregate value exceeding $50,000 from five or more persons is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) In lieu of a fine otherwise authorized by law, a person who has been convicted of or who has pleaded guilty or no contest to having engaged in conduct in violation of this chapter may be sentenced to pay a fine that does not exceed the greater of three times the gross value gained or three times the gross loss caused by such conduct, plus court costs and the costs of investigation and prosecution reasonably incurred.

(4) There is created within the office a trust fund to be known as the Anti-Fraud Trust Fund. Any amounts assessed as costs of investigation and prosecution under this subsection shall be deposited in the trust fund. Funds deposited in the trust fund must be used, when authorized by appropriation, for investigation and prosecution of administrative, civil, and criminal actions arising under this chapter. Funds may also be used to improve the public’s awareness and understanding of prudent investing.

(5) Criminal prosecution for offenses under this chapter is subject to the time limitations in s. 775.15.

History.—s. 1, ch. 65-102; s. 488, ch. 71-136; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 4, 5, ch. 80-254; s. 397, ch. 81-259; ss. 2, 3, ch. 81-318; s. 13, ch. 86-85; ss. 12, 14, 15, ch. 90-362; s. 4, ch. 91-429; s. 2, ch. 97-90; s. 11, ch. 98-221; s. 609, ch. 2003-261; s. 151, ch. 2010-102.

F.S. 517.302 on Google Scholar

F.S. 517.302 on Casetext

Amendments to 517.302

Arrestable Offenses / Crimes under Fla. Stat. 517.302

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

S517.302 - FRAUD - SECURITY TRANSACTN OVER 50000DOLS AND 5 PERSON - F: F

S517.302 - FRAUD - SECURITIES TRANSACTIONS VIOLATIONS - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

L. BARNETT, v. ANTONACCI,, 122 So. 3d 400 (Fla. Dist. Ct. App. 2013)

. . . . & 517.302(1), Fla. Stat. (2012). . See § 812.014(2)(b)l„ Fla. Stat. (2012). . . . .

DAY, v. STATE, 977 So. 2d 664 (Fla. Dist. Ct. App. 2008)

. . . Prior to 1986, section 517.302, Florida Statutes, provided that: “Whoever violates any of the provisions . . . See § 517.302, Fla. Stat. (1985). . . . Criminal prosecution for offenses under this chapter is subject to the time limitations of s. 775.15.” § 517.302 . . .

JONES v. H. CHILDERS, 18 F.3d 899 (11th Cir. 1994)

. . . . §§ 517.302(1), violations of Chapter 517 constitute per se felonies for which there is no intent or . . .

FIRST UNION BROKERAGE, v. P. MILOS P., 717 F. Supp. 1519 (S.D. Fla. 1989)

. . . Failure to State a Claim under Florida Statute Section 517.301 Section 517.302(l)(a) of the Florida Securities . . .

HOROWITZ, v. L. WAINWRIGHT, HOROWITZ, v. L. WAINWRIGHT,, 709 F.2d 1403 (11th Cir. 1983)

. . . . §§ 517.301(1) and 517.302. They were each sentenced to terms of imprisonment. . . .

SPEIGHTS, v. STATE, 414 So. 2d 574 (Fla. Dist. Ct. App. 1982)

. . . . § 517.302, Florida Statutes (1981). . . . .

H. CONARD v. STATE, 397 So. 2d 1158 (Fla. Dist. Ct. App. 1981)

. . . fraudulently selling securities, and one count of scheming to defraud each, in violations of sections 517.07, 517.302 . . .

STATE v. BUTTS,, 388 So. 2d 317 (Fla. Dist. Ct. App. 1980)

. . . case ruled that the prosecution was not barred and that the applicable statute of limitations was § 517.302 . . . in Carcaise, supra, argued that because of § 932.465, enacted in 1971, was enacted subsequent to § 517.302 . . . specific statute of limitations in effect at that time for violations of the sale of securities law, § 517.302 . . .

RUDD, v. STATE, 386 So. 2d 1216 (Fla. Dist. Ct. App. 1980)

. . . . § 517.302, Fla.Stat. (1973). . . .

CARCAISE, v. J. DURDEN,, 382 So. 2d 1236 (Fla. Dist. Ct. App. 1980)

. . . Fla.Stat. 517.302 (1973) allows five years within which to begin prosecution. . . .

STATE V. RIDENOUR R. v. L. BRYSON,, 380 So. 2d 468 (Fla. Dist. Ct. App. 1980)

. . . . § 517.302, Fla.Stat. (1977). . . . Ch. 74-383, § 10, Laws of Fla.; Ch. 75-24, Laws of Fla. .See § 517.302, Fla.Stat. (1973), which makes . . .

STATE v. BUCHMAN, 361 So. 2d 692 (Fla. 1978)

. . . . § 517.302, Fla.Stat. . . . .

EDWARDS, v. D. TRULIS,, 212 So. 2d 893 (Fla. Dist. Ct. App. 1968)

. . . . § 517.302, F.S.A. . McManus v. . . .