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Florida Statute 517.021 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 517
SECURITIES TRANSACTIONS
View Entire Chapter
F.S. 517.021
517.021 Definitions.When used in this chapter, unless the context otherwise indicates, the following terms have the following respective meanings:
(1) “Accredited investor” shall be defined by rule of the commission in accordance with Securities and Exchange Commission Rule 501, 17 C.F.R. s. 230.501, as amended.
(2) “Affiliate” means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with an applicant or registrant.
(3) “Angel investor group” means a group of accredited investors who hold regular meetings and have defined processes and procedures for making investment decisions, individually or among the membership of the group, and who are not associated persons, affiliates, or agents of a dealer or investment adviser.
(4) “Associated person” means:
(a)1. With respect to a dealer, a natural person who is employed, appointed, or authorized by a dealer and who represents the dealer in effecting or attempting to effect purchases or sales of securities.
2. The term does not include the following:
a. A dealer.
b. A partner, an officer, or a director of a dealer or a person having a similar status or performing similar functions as a dealer, unless such person is specified in subparagraph 1.
c. A dealer’s employee whose function is only clerical or ministerial.
d. A person whose transactions in this state are limited to those transactions described in s. 15(i)(3) of the Securities Exchange Act of 1934, as amended.
(b)1. With respect to an investment adviser, a natural person, including, but not limited to, a partner, an officer, a director, or a branch manager, or a person occupying a similar status or performing similar functions, who:
a. Is employed by or associated with, or is subject to the supervision and control of, an investment adviser registered or required to be registered under this chapter; and
b. Does any of the following:
(I) Makes any recommendation or otherwise gives investment advice regarding securities.
(II) Manages accounts or portfolios of clients.
(III) Determines which recommendations or advice regarding securities should be given.
(IV) Receives compensation to solicit, offer, or negotiate for the sale of investment advisory services.
(V) Supervises employees who perform a function under this sub-subparagraph.
2. The term does not include the following:
a. An investment adviser.
b. An employee whose function is only clerical or ministerial.
(c) With respect to a federal covered adviser, a natural person who is an investment adviser representative and who has a place of business in this state, as such terms are defined in Rule 203A-3 of the Securities and Exchange Commission adopted under the Investment Advisers Act of 1940, as amended.
(5) “Boiler room” means an enterprise in which two or more persons in a common scheme or enterprise solicit potential investors through telephone calls, e-mail, text messages, social media, chat rooms, or other electronic means.
(6) “Branch manager” means a natural person who administers or supervises the affairs or operations of a branch office.
(7) “Branch office” means any location in this state of a dealer or investment adviser at which one or more associated persons regularly conduct the business of rendering investment advice or effecting any transactions in, or inducing or attempting to induce the purchase or sale of, any security or any location that is held out as such. The commission may adopt by rule exceptions to this definition for dealers in order to maintain consistency with the definition of a branch office used by self-regulatory organizations authorized by the Securities and Exchange Commission, including, but not limited to, the Financial Industry Regulatory Authority. The commission may adopt by rule exceptions to this definition for investment advisers.
(8) “Business entity” means any corporation, partnership, limited partnership, limited liability company, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, which may or may not be fictitiously named, doing business in this state.
(9) “Commission” means the Financial Services Commission.
(10) “Control,” including the terms “controlling,” “controlled by,” and “under common control with,” means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, by contract, or otherwise.
(11) “Corporation” has the same meaning as the terms “corporation,” “domestic corporation,” or “foreign corporation” in s. 607.01401.
(12)(a) “Dealer” includes, unless otherwise specified, a person, other than an associated person of a dealer, that engages, for all or part of the person’s time, directly or indirectly, as agent or principal in the business of offering, buying, selling, or otherwise dealing or trading in securities issued by another person.
(b) The term “dealer” does not include any of the following:
1. A licensed practicing attorney who renders or performs any such services in connection with the regular practice of the attorney’s profession.
2. A bank authorized to do business in this state, except nonbank subsidiaries of a bank.
3. A trust company having trust powers that it is authorized to exercise in this state, which renders or performs services in a fiduciary capacity incidental to the exercise of its trust powers.
4. A wholesaler selling exclusively to dealers.
5. A person buying and selling for the person’s own account exclusively through a registered dealer or stock exchange.
6. An issuer.
7. A natural person representing an issuer in the purchase, sale, or distribution of the issuer’s own securities if such person:
a. Is an officer, a director, a limited liability company manager or managing member, or a bona fide employee of the issuer;
b. Has not participated in the distribution or sale of securities for any issuer for which such person was, within the preceding 12 months, an officer, a director, a limited liability company manager or managing member, or a bona fide employee;
c. Primarily performs, or is intended to perform at the end of the distribution, substantial duties for, or on behalf of, the issuer other than in connection with transactions in securities; and
d. Does not receive a commission, compensation, or other consideration for the completed sale of the issuer’s securities apart from the compensation received for regular duties to the issuer.
(13) “Director” means a person appointed or elected to sit on a board that manages the affairs of a corporation or other organization by electing or exercising control over its officers.
(14) “Federal covered adviser” means a person that is registered or required to be registered under s. 203 of the Investment Advisers Act of 1940, as amended. The term does not include any person that is excluded from the definition of investment adviser under subparagraphs (20)(b)1.-7. and 9.
(15) “Federal covered security” means a security that is a covered security under s. 18(b) of the Securities Act of 1933, as amended, or rules and regulations adopted thereunder.
(16) “General partner” has the same meaning as in s. 620.1102. The term includes a co-owner or manager of a partnership who has unlimited liability for the partnership’s debts.
(17) “Guarantor” means a person that agrees in writing, or that holds itself out to the public as agreeing, to pay the indebtedness of another when due, including, without limitation, payments of principal and interest on a bond, debenture, note, or other evidence of indebtedness, without resort by the holder to any other obligor, whether or not such writing expressly states that the person signing is signing as a guarantor. The obligation of a guarantor hereunder shall be a continuing, absolute, and unconditional guaranty of payment, without regard to the validity, regularity, or enforceability of the underlying indebtedness.
(18) “Guaranty” means an agreement in writing in which one party either agrees, or holds itself out to the public as agreeing, to pay the indebtedness of another when due, including, without limitation, payments of principal and interest on a bond, debenture, note, or other evidence of indebtedness, without resort by the holder to any other obligor, whether or not such writing expressly states that the person signing is signing as a guarantor. An agreement that is not specifically denominated as a guaranty shall nevertheless constitute a guaranty if the holder of the underlying indebtedness or the holder’s representative or trustee has the right to sue to enforce the guarantor’s obligations under the guaranty. Words of guaranty or equivalent words that otherwise do not specify guaranty of payment create a presumption that payment, rather than collection, is guaranteed by the guarantor. Any guaranty in writing is enforceable notwithstanding any statute of frauds.
(19) “Intermediary” means a person that facilitates through its website the offer or sale of securities of an issuer with a principal place of business in this state.
(20)(a) “Investment adviser” means a person, other than an associated person of an investment adviser or a federal covered adviser, that receives compensation, directly or indirectly, and engages for all or part of the person’s time, directly or indirectly, or through publications or writings, in the business of advising others as to the value of securities or as to the advisability of investments in, purchasing of, or selling of securities.
(b) The term does not include any of the following:
1. A dealer or an associated person of a dealer whose performance of services in paragraph (a) is solely incidental to the conduct of the dealer’s or associated person’s business as a dealer and who does not receive special compensation for those services.
2. A licensed practicing attorney or certified public accountant whose performance of such services is solely incidental to the practice of the attorney’s or accountant’s profession.
3. A bank authorized to do business in this state.
4. A bank holding company as defined in the Bank Holding Company Act of 1956, as amended, authorized to do business in this state.
5. A trust company having trust powers, as defined in s. 658.12, which it is authorized to exercise in this state, which trust company renders or performs investment advisory services in a fiduciary capacity incidental to the exercise of its trust powers.
6. A person that renders investment advice exclusively to insurance or investment companies.
7. A person that, during the preceding 12 months, has fewer than six clients who are residents of this state. As used in this subparagraph, the term “client” has the same meaning as provided in Securities and Exchange Commission Rule 275.222-2, 17 C.F.R. s. 275.222-2, as amended.
8. A federal covered adviser.
9. The United States, a state, or any political subdivision of a state, or any agency, authority, or instrumentality of any such entity; a business entity that is wholly owned directly or indirectly by such a governmental entity; or any officer, agent, or employee of any such governmental or business entity who is acting within the scope of his or her official duties.
(21) “Issuer” means a person that proposes to issue, has issued, or shall hereafter issue any security. A person that acts as a promoter for and on behalf of a corporation, trust, partnership, limited liability company, association, or other legal entity of any kind to be formed shall be deemed an issuer.
(22) “Limited liability company” has the same meaning as in s. 605.0102. The term includes a foreign limited liability company as defined in s. 605.0102.
(23) “Limited liability company manager” or “limited liability managing member” means a person who is responsible alone, or in concert with others, for performing the management functions of a limited liability company.
(24) “Limited partner” has the same meaning as in s. 620.1102. The term includes a co-owner of a partnership who has limited liability for the partnership’s debts.
(25) “Offer to sell,” “offer for sale,” or “offer” means an attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security, or an investment or interest in an investment, for value.
(26) “Office” means the Office of Financial Regulation of the commission.
(27) “Partnership” means two or more persons who are the co-owners of a business, including those operating as a foreign limited liability limited partnership, a foreign limited partnership, a limited liability limited partnership, or a limited partnership as those terms are defined in s. 620.1102.
(28) “Predecessor” means a person whose major portion of assets has been acquired directly or indirectly by an issuer.
(29) “Principal” means an executive officer of a corporation, partner of a partnership, sole proprietor of a sole proprietorship, trustee of a trust, or any other person with similar supervisory functions with respect to any organization, whether incorporated or unincorporated.
(30) “Promoter” includes the following:
(a) A person that, acting alone or in conjunction with one or more other persons, directly or indirectly takes the initiative in founding and organizing the business or enterprise of an issuer.
(b) A person that, in connection with the founding or organizing of the business or enterprise of an issuer, directly or indirectly receives in consideration of services or property, or both services and property, 10 percent or more of any class of securities of the issuer or 10 percent or more of the proceeds from the sale of any class of securities. However, a person that receives such securities or proceeds either solely as underwriting commissions or solely in connection with property shall not be deemed a promoter if such person does not otherwise take part in founding and organizing the enterprise.
(31) “Qualified institutional buyer” means a qualified institutional buyer, as defined in Securities and Exchange Commission Rule 144A, 17 C.F.R. s. 230.144A(a), under the Securities Act of 1933, as amended, or any foreign buyer that satisfies the minimum financial requirements set forth in such rule.
(32) “Sale” or “sell” means a contract of sale or disposition of an investment, security, or interest in a security, for value. With respect to a security or interest in a security, the term does not include preliminary negotiations or agreements between an issuer or any person on whose behalf an offering is to be made and any underwriter or among underwriters who are or are to be in privity of contract with an issuer. Any security given or delivered with, or as a bonus on account of, any purchase of securities or any other thing shall be conclusively presumed to constitute a part of the subject of such purchase and to have been offered and sold for value. Every sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer, as well as every sale or offer of a security which gives the holder a present or future right or privilege to convert into another security or another issuer, is considered to include an offer of the other security.
(33) “Security” includes any of the following:
(a) A note.
(b) A stock.
(c) A treasury stock.
(d) A bond.
(e) A debenture.
(f) An evidence of indebtedness.
(g) A certificate of deposit.
(h) A certificate of deposit for a security.
(i) A certificate of interest or participation.
(j) A whiskey warehouse receipt or other commodity warehouse receipt.
(k) A certificate of interest in a profit-sharing agreement or the right to participate therein.
(l) A certificate of interest in an oil, gas, petroleum, mineral, or mining title or lease or the right to participate therein.
(m) A collateral trust certificate.
(n) A reorganization certificate.
(o) A preorganization subscription.
(p) A transferable share.
(q) An investment contract.
(r) A beneficial interest in title to property, profits, or earnings.
(s) An interest in or under a profit-sharing or participation agreement or scheme.
(t) An option contract that entitles the holder to purchase or sell a given amount of the underlying security at a fixed price within a specified period of time.
(u) Any other instrument commonly known as a security, including an interim or temporary bond, debenture, note, or certificate.
(v) A receipt for a security, or for subscription to a security, or a right to subscribe to or purchase any security.
(w) A viatical settlement investment.
(34) “Trust” has the same meaning as in s. 731.201.
(35) “Underwriter” means a person that has purchased from an issuer or an affiliate of an issuer with a view to, or offers or sells for an issuer or an affiliate of an issuer in connection with, the distribution of any security, or participates or has a direct or indirect participation in any such undertaking, or participates or has a participation in the direct or indirect underwriting of any such undertaking; except that a person is presumed not to be an underwriter with respect to any security which it has owned beneficially for at least 1 year; and, further, a dealer is not considered an underwriter with respect to any securities which do not represent part of an unsold allotment to or subscription by the dealer as a participant in the distribution of such securities by the issuer or an affiliate of the issuer; and, further, in the case of securities acquired on the conversion of another security without payment of additional consideration, the length of time such securities have been beneficially owned by a person includes the period during which the convertible security was beneficially owned and the period during which the security acquired on conversion has been beneficially owned.
(36) “Viatical settlement investment” means an agreement for the purchase, sale, assignment, transfer, devise, or bequest of all or any portion of a legal or equitable interest in a viaticated policy as defined in chapter 626.
History.s. 1, ch. 78-435; s. 147, ch. 79-164; ss. 1, 15, ch. 79-381; s. 5, ch. 80-254; ss. 1, 6, ch. 81-115; ss. 2, 3, ch. 81-318; s. 1, ch. 83-184; s. 3, ch. 83-265; s. 2, ch. 84-159; s. 2, ch. 85-165; s. 3, ch. 86-85; s. 3, ch. 87-237; s. 2, ch. 87-316; ss. 1, 14, 15, ch. 90-362; s. 4, ch. 91-429; s. 5, ch. 97-35; s. 682, ch. 97-103; ss. 1, 2, ch. 97-224; s. 1, ch. 98-221; s. 32, ch. 99-7; s. 50, ch. 2000-154; s. 583, ch. 2003-261; s. 93, ch. 2004-5; s. 1, ch. 2005-237; s. 32, ch. 2006-213; s. 2, ch. 2009-242; s. 1, ch. 2015-171; s. 1, ch. 2023-205; s. 1, ch. 2024-168; s. 1, ch. 2025-28.

F.S. 517.021 on Google Scholar

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Amendments to 517.021


Annotations, Discussions, Cases:

Cases Citing Statute 517.021

Total Results: 68

Gordon Jones and Laura Jones v. John H. Childers and Talent Services, Inc.

18 F.3d 899, 40 Fed. R. Serv. 843, 1994 U.S. App. LEXIS 6530, 1994 WL 91268

Court of Appeals for the Eleventh Circuit | Filed: Apr 7, 1994 | Docket: 2167478

Cited 67 times | Published

"investment advisers.” See Fla.Stat. § 517.021(10)(a) and § 517.12(4). The district court found

Barnebey v. E.F. Hutton & Co.

715 F. Supp. 1512, 109 A.L.R. Fed. 377, 1989 U.S. Dist. LEXIS 6906, 1989 WL 68010

District Court, M.D. Florida | Filed: Jun 19, 1989 | Docket: 1357590

Cited 42 times | Published

as defined in the Florida Securities Act, Section 517.021. 8. The VEMCO 1981 program units were not registered

Stowell v. Ted S. Finkel Investment Services, Inc.

489 F. Supp. 1209, 1980 U.S. Dist. LEXIS 9301

District Court, S.D. Florida | Filed: Mar 31, 1980 | Docket: 1882948

Cited 27 times | Published

securities are registered as provided in the Act. Section 517.021 provides the remedy for a sale without proper

Armbrister v. Roland International Corp.

667 F. Supp. 802, 1987 U.S. Dist. LEXIS 7642

District Court, M.D. Florida | Filed: Aug 14, 1987 | Docket: 2028919

Cited 26 times | Published

the purchaser contracts to buy the security. § 517.021(17), Fla.Stat. (1985). The land sales contracts

Bond v. Koscot Interplanetary, Inc.

246 So. 2d 631

District Court of Appeal of Florida | Filed: Apr 2, 1971 | Docket: 403074

Cited 19 times | Published

the law (Sections 517.02(1), 517.07, F.S.A.). Section 517.21(1) declares that "every sale made in violation

Bryne v. GULFSTREAM FIRST BANK & TRUST CO., ETC.

528 F. Supp. 692, 1981 U.S. Dist. LEXIS 16439

District Court, S.D. Florida | Filed: Dec 21, 1981 | Docket: 2534070

Cited 17 times | Published

limitations then to be found at Fla.Stat. § 517.21. Fla.Stat. § 517.21 was repealed in November, 1978 but replaced

Merrill Lynch, Pierce, Fenner & Smith v. Byrne

320 So. 2d 436, 1975 Fla. App. LEXIS 15437

District Court of Appeal of Florida | Filed: Sep 23, 1975 | Docket: 1733738

Cited 16 times | Published

517.301 and the remedies set forth in Fla. Stat. § 517.21, but finds that Defendants would have had to have

Frye v. Taylor

263 So. 2d 835

District Court of Appeal of Florida | Filed: Mar 9, 1972 | Docket: 1693286

Cited 15 times | Published

of Chapter 517, under the provisions of F.S. Section 517.21(1), F.S.A., such sale is declared "voidable

Adams v. State

443 So. 2d 1003

District Court of Appeal of Florida | Filed: Nov 30, 1983 | Docket: 1458120

Cited 14 times | Published

membership constituted the sale of a security. Section 517.021(15), Florida Statutes (1981), defines "security"

Harrison v. McCourtney

148 So. 2d 53

District Court of Appeal of Florida | Filed: Dec 28, 1962 | Docket: 1732996

Cited 13 times | Published

plaintiff, appellee here. The action, brought under § 517.21, Florida Statutes,[1] was for recovery of the

Xaphes v. Shearson, Hayden, Stone, Inc.

508 F. Supp. 882, 1981 U.S. Dist. LEXIS 10918

District Court, S.D. Florida | Filed: Feb 23, 1981 | Docket: 967693

Cited 12 times | Published

mode of procedure. The amendment to Fla.Stat. § 517.21 is "procedural" (simply a condition precedent

Rudd v. State

386 So. 2d 1216

District Court of Appeal of Florida | Filed: Jul 2, 1980 | Docket: 1518299

Cited 12 times | Published

amended November 1, 1978 and now appears as section 517.021(15). The revision has left the prior definition

Ruden v. Medalie

294 So. 2d 403

District Court of Appeal of Florida | Filed: Apr 30, 1974 | Docket: 1736297

Cited 11 times | Published

Ruden in accordance with the terms of Fla. Stat. § 517.21, F.S.A. tendered the debentures to the defendant

Josef's of Palm Beach, Inc. v. Southern Investment Co.

349 F. Supp. 1057, 1972 U.S. Dist. LEXIS 11483

District Court, S.D. Florida | Filed: Oct 20, 1972 | Docket: 991106

Cited 11 times | Published

Florida limitations statute is Florida Statute § 517.21, F.S.A., Florida's Blue Sky Law two-year limitations

Arthur Young & Co. v. Mariner Corp.

630 So. 2d 1199, 1994 WL 10800

District Court of Appeal of Florida | Filed: Jan 19, 1994 | Docket: 418867

Cited 10 times | Published

court the definitions of agent as contained in section 517.021, Florida Statutes (1985). On appeal both appellant

Farag v. Nat. Databank Sub., Inc.

448 So. 2d 1098

District Court of Appeal of Florida | Filed: Mar 28, 1984 | Docket: 429428

Cited 10 times | Published

security. The definition of "security" in section 517.021(15), Florida Statutes (1981), embraces a variety

Beefy Trail, Inc. v. Beefy King International, Inc.

348 F. Supp. 799, 1972 U.S. Dist. LEXIS 12607, 1972 Trade Cas. (CCH) 74,127

District Court, M.D. Florida | Filed: Jul 25, 1972 | Docket: 344700

Cited 10 times | Published

private actions for fraud are provided for by F.S. § 517.21 F.S.A., which sets the limitation at two (2) years

Honig v. Kornfeld

339 F. Supp. 3d 1323

District Court, S.D. Florida | Filed: Aug 17, 2018 | Docket: 64321080

Cited 9 times | Published

defined as a "note," among other things. Fla. Stat. 517.021(22)(a). "[T]he definition of 'security' under

Al Ainsworth v. Sam Skurnick

909 F.2d 456, 1990 U.S. App. LEXIS 14231, 1990 WL 108016

Court of Appeals for the Eleventh Circuit | Filed: Aug 17, 1990 | Docket: 826702

Cited 9 times | Published

for Ainsworth within the meaning of Fla.Stat. § 517.021(9). 3 It is clear under § 517.12 that

Leithauser v. Harrison

168 So. 2d 95

District Court of Appeal of Florida | Filed: Oct 9, 1964 | Docket: 1584654

Cited 9 times | Published

grant the writ. By their suit brought under Section 517.21 of the Uniform Sale of Securities Law, Chapter

Summer v. Land & Leisure, Inc.

571 F. Supp. 380

District Court, S.D. Florida | Filed: Sep 14, 1983 | Docket: 980705

Cited 8 times | Published

two year period of limitations contained in Section 517.21, Florida Statutes. Arthur Young was under an

Brown v. Rairigh

363 So. 2d 590

District Court of Appeal of Florida | Filed: Oct 25, 1978 | Docket: 1513630

Cited 7 times | Published

purchased additional fractional interests. Section 517.21 provides that sales made in violation of the

Dokken v. Minnesota-Ohio Oil Corp.

232 So. 2d 200

District Court of Appeal of Florida | Filed: Feb 13, 1970 | Docket: 285676

Cited 7 times | Published

complaint on August 23, 1966, pursuant to F.S. § 517.21, F.S.A., seeking to recover from the defendants

Baraban v. Manatee National Bank of Bradenton

212 So. 2d 341

District Court of Appeal of Florida | Filed: Jul 10, 1968 | Docket: 460566

Cited 7 times | Published

securities themselves to be registered. Under section 517.21, every sale made in violation of these laws

Rushing v. Wells Fargo Bank, N.A.

752 F. Supp. 2d 1254, 2010 U.S. Dist. LEXIS 118362, 2010 WL 4639308

District Court, M.D. Florida | Filed: Nov 8, 2010 | Docket: 2342661

Cited 6 times | Published

term "sale" is defined in Florida Statutes Section 517.021(20). (Doc. No. 2, ¶ 61). Furthermore, the County

Beach v. Great Western Bank

670 So. 2d 986, 1996 WL 34045

District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 1671427

Cited 6 times | Published

within the Uniform Sale of Securities Law: F.S.A. § 517.21 created an entirely new right of action that did

Waters v. International Precious Metals Corp.

172 F.R.D. 479, 1996 U.S. Dist. LEXIS 21244, 1996 WL 814728

District Court, S.D. Florida | Filed: Jan 17, 1996 | Docket: 66315439

Cited 5 times | Published

a boiler room operation as defined by Fla.St. § 517.021(5). Plaintiffs seek rescissionary damages for

Skurnick v. Ainsworth

591 So. 2d 904, 16 Fla. L. Weekly Supp. 608, 1991 Fla. LEXIS 1589, 1991 WL 181925

Supreme Court of Florida | Filed: Sep 12, 1991 | Docket: 541368

Cited 5 times | Published

for Ainsworth within the meaning of Fla. Stat. § 517.021(9). It is clear under § 517.12 that one who is

Sargent v. Genesco, Inc.

352 F. Supp. 66, 1972 U.S. Dist. LEXIS 13468

District Court, M.D. Florida | Filed: Jun 1, 1972 | Docket: 1832346

Cited 4 times | Published

Fifth Circuit did not consider whether or not § 517.21 might apply. In the case of Fowler v. Matheny

Kligfeld v. STATE, OFFICE OF FINANCIAL REG.

876 So. 2d 36, 2004 WL 1196812

District Court of Appeal of Florida | Filed: Jun 2, 2004 | Docket: 1245279

Cited 3 times | Published

are expressly defined as securities under section 517.021(20)(q), Florida Statutes, and the ABS program

Clarke v. Schimmel

774 So. 2d 7, 2000 WL 801133

District Court of Appeal of Florida | Filed: Jun 23, 2000 | Docket: 1330988

Cited 3 times | Published

731.201(31) of the probate code refers to section 517.021 for the definition of security, and subsection

Thiele v. Davidson

440 F. Supp. 585, 1977 U.S. Dist. LEXIS 12908

District Court, M.D. Florida | Filed: Nov 16, 1977 | Docket: 1397302

Cited 3 times | Published

entitled him to rescind the transaction under Section 517.21(1), F.S.A. The defendants counter this argument

Wee Mac Corporation v. State

301 So. 2d 101

District Court of Appeal of Florida | Filed: Sep 24, 1974 | Docket: 1338816

Cited 3 times | Published

enjoin the unlawful sale of securities, and section 517.21 gives purchasers the right to recover the purchase

Artistic Door Corp. v. Rheney

384 So. 2d 179

District Court of Appeal of Florida | Filed: May 13, 1980 | Docket: 1269240

Cited 2 times | Published

Jose D. Susacasa, who they claimed violated Section 517.21(1), Florida Statutes (1975) and was therefore

Hughes v. Bie

183 So. 2d 281

District Court of Appeal of Florida | Filed: Feb 23, 1966 | Docket: 2541773

Cited 2 times | Published

prescribed in the statute comes into play. Section 517.21 provides "that no action shall be brought for

Mehl v. Office of Financial Regulation

859 So. 2d 1260, 2003 WL 22768431

District Court of Appeal of Florida | Filed: Nov 25, 2003 | Docket: 1684348

Cited 1 times | Published

items under the definition of security, see section 517.021(19)(q), Florida Statutes (2000), but is otherwise

Bookhardt v. State

710 So. 2d 700, 1998 WL 211649

District Court of Appeal of Florida | Filed: May 1, 1998 | Docket: 1445345

Cited 1 times | Published

victims involved the sale of a "security" under section 517.021(18), Florida Statutes. The defendant held himself

Kaser v. Swann

141 F.R.D. 337, 1991 U.S. Dist. LEXIS 16028, 1991 WL 323438

District Court, M.D. Florida | Filed: Aug 20, 1991 | Docket: 66306578

Cited 1 times | Published

offer to buy, a security ... for value.” Id. § 517.021(12) (1989 & Supp. II 1990). Plaintiffs’ complaint

Dept. of Banking & Finance v. Evans

540 So. 2d 884, 1988 WL 125349

District Court of Appeal of Florida | Filed: Mar 16, 1989 | Docket: 1688947

Cited 1 times | Published

proceedings. The Department countered that the section 517.021(4) definition of an "associated person," as

Whigham v. Muehl

500 So. 2d 1374, 12 Fla. L. Weekly 289, 1987 Fla. App. LEXIS 6346

District Court of Appeal of Florida | Filed: Jan 20, 1987 | Docket: 64624368

Cited 1 times | Published

section 517.-211(1) when read in conjunction with section 517.21 l(4)(a). Accordingly, we reverse those portions

Bond v. Koscot Interplanetary, Inc.

276 So. 2d 198

District Court of Appeal of Florida | Filed: Apr 9, 1973 | Docket: 1439198

Cited 1 times | Published

together with incidental relief authorized by § 517.21, F.S. The trial court dismissed the complaint

Fowler v. Matheny

184 So. 2d 676, 1966 Fla. App. LEXIS 5726

District Court of Appeal of Florida | Filed: Mar 31, 1966 | Docket: 64496200

Cited 1 times | Published

court dismissed the cause of action citing F.S.A. § 517.21 which provides that “ * * * no action shall be

Skaf's Jewelers, Inc. v. Antwerp Import Corp.

150 So. 2d 260

District Court of Appeal of Florida | Filed: Feb 27, 1963 | Docket: 60210175

Cited 1 times | Published

affirmative defense of estoppel. In an action based on § 517.21, Florida Statutes, for the recovery of the amount

ACF IV, LLC v. FDI Capital, LLC

District Court of Appeal of Florida | Filed: Jul 9, 2025 | Docket: 70740034

Published

participation agreements were securities under section 517.021(22)(s), Florida Statutes (2018), and Zurita

NGUYEN v. PERSPECTIVE GLOBAL, LLC, HOOKS

District Court of Appeal of Florida | Filed: Jun 7, 2024 | Docket: 68471735

Published

for the ten percent membership 5 Under section 517.021(23)(q), the definition of a "security"

McCloskey v. Department of Financial Services

172 So. 3d 973, 2015 Fla. App. LEXIS 12559, 2015 WL 4950094

District Court of Appeal of Florida | Filed: Aug 21, 2015 | Docket: 60250181

Published

securities and began regulating them as such. § 517.021(21)(w), Fla. Stat. (2005). The new law included

McCloskey v. Department of Financial Services

115 So. 3d 441, 2013 WL 3100394, 2013 Fla. App. LEXIS 9801, 38 Fla. L. Weekly Fed. D 1376

District Court of Appeal of Florida | Filed: Jun 21, 2013 | Docket: 60232191

Published

constituted investment contracts, which, pursuant to section 517.021(19)(q), Florida Statutes (2003), were listed

Wojnowski v. State, Office of Financial Regulation

98 So. 3d 189, 2012 WL 4009546, 2012 Fla. App. LEXIS 15370

District Court of Appeal of Florida | Filed: Sep 13, 2012 | Docket: 60312201

Published

AFFIRMED. THOMAS and WETHERELL, JJ„ concur. . See § 517.021(2), Fla. Stat. (2012) (defining "associated person”);

Venezia v. Sunrise View, Inc.

93 So. 3d 1051, 2012 WL 1698130, 2012 Fla. App. LEXIS 7846

District Court of Appeal of Florida | Filed: May 16, 2012 | Docket: 60310416

Published

” and a “note,” among other transactions. See § 517.021(21)(a)-(w), Fla. Stat. It is apparent that genuine

Umbel v. Foodtrader.com, Inc.

820 So. 2d 372, 2002 Fla. App. LEXIS 6589, 2002 WL 985161

District Court of Appeal of Florida | Filed: May 15, 2002 | Docket: 64816212

Published

Foodtrader rather than soliciting sales or offers. See § 517.021(12)(a), Fla. Stat. (1999). The last exemption

Greater Ministries International, Inc. v. State

689 So. 2d 328, 1997 Fla. App. LEXIS 923, 1997 WL 43387

District Court of Appeal of Florida | Filed: Feb 5, 1997 | Docket: 64771615

Published

Fla. Stat. (1995). Securities are defined in section 517.021(17), Florida Statutes (1995). It is undisputed

Edelstein v. Flanagan

630 So. 2d 1205, 1994 Fla. App. LEXIS 148, 1994 WL 10815

District Court of Appeal of Florida | Filed: Jan 19, 1994 | Docket: 64746018

Published

broker was a dealer *1206as defined under section 517.021(9), Florida Statutes (1989), who was not registered

State v. Feldman

522 So. 2d 503, 13 Fla. L. Weekly 734, 1988 Fla. App. LEXIS 1081, 1988 WL 22255

District Court of Appeal of Florida | Filed: Mar 18, 1988 | Docket: 64633677

Published

an “agent,” as those words are defined in section 517.021, were negatively answered in granting the motions

Yeomans v. State, Department of Banking & Finance, Division of Securities

452 So. 2d 1011, 83 Oil & Gas Rep. 490, 1984 Fla. App. LEXIS 13805

District Court of Appeal of Florida | Filed: Jun 26, 1984 | Docket: 64605901

Published

. The system has since been suspended. . § 517.021(15), Fla.Stat. (1981): "Security" means any note

Nelson v. State ex rel. Lewis

441 So. 2d 659, 1983 Fla. App. LEXIS 22467

District Court of Appeal of Florida | Filed: Oct 12, 1983 | Docket: 64601134

Published

an investment contract is a security under section 517.021(15), Florida Statutes (1981). Hence, in my

Butts v. State

418 So. 2d 468, 1982 Fla. App. LEXIS 21420

District Court of Appeal of Florida | Filed: Sep 1, 1982 | Docket: 64591823

Published

BERANEK, JJ., concur. . A ‘security’ as defined in § 517.021(15), Fla. Stat. (1981). . The language of the

Markham v. Thomson McKinnon Securities, Inc.

373 So. 2d 709, 1979 Fla. App. LEXIS 15506

District Court of Appeal of Florida | Filed: Jul 31, 1979 | Docket: 64571421

Published

rescission of certain transactions, pursuant to Section 517.21, Florida Statutes (1977). The case went to

Krutel v. Stolberg

356 So. 2d 1299, 1978 Fla. App. LEXIS 15610

District Court of Appeal of Florida | Filed: Mar 28, 1978 | Docket: 64563725

Published

Plumbing Company to the Plaintiff purchaser under Section 517.21 Florida Statutes. The Plaintiff has tendered

Haygood v. Adams Drugs, Inc.

346 So. 2d 612, 1977 Fla. App. LEXIS 15714

District Court of Appeal of Florida | Filed: May 27, 1977 | Docket: 64558888

Published

individual defendants (Count II) pursuant to Section 517.21(1), Florida Statutes (1975). Defendants Dennard

Beckham v. Holborn

332 So. 2d 682, 1976 Fla. App. LEXIS 14456

District Court of Appeal of Florida | Filed: Apr 14, 1976 | Docket: 64553867

Published

directly liable to the purchaser by virtue of § 517.-21(1). Before Holborn’s case against Beckham went

Frye v. Platinum Coast Aviation, Inc.

298 So. 2d 522, 1974 Fla. App. LEXIS 8932

District Court of Appeal of Florida | Filed: Aug 16, 1974 | Docket: 64540560

Published

F.S. § 517.13 (1971). . F.S. § 517.21(1) (1971). . F.S. § 517.21(2) (1971) reads: “(2) Any person

Davis v. McGahee

257 So. 2d 62, 1972 Fla. App. LEXIS 7316

District Court of Appeal of Florida | Filed: Jan 4, 1972 | Docket: 64524074

Published

this action is for rescission pursuant to F.S. Section 517.21, F.S.A., and for damages in excess of $1,000

Florida Peach Corp. v. Barron

249 So. 2d 67, 1971 Fla. App. LEXIS 6342

District Court of Appeal of Florida | Filed: May 6, 1971 | Docket: 64520867

Published

the purchase price paid for her stock under F.S. § 517.21, F.S.A., which provides that “Every sale made

Sloane v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

221 So. 2d 451, 1969 Fla. App. LEXIS 5957

District Court of Appeal of Florida | Filed: Apr 15, 1969 | Docket: 64509366

Published

counts. The first count sought recovery under § 517.21 Fla.Stat., F.S.A. The second count was based on

Lapidus v. Rever

174 So. 2d 459, 1965 Fla. App. LEXIS 4568

District Court of Appeal of Florida | Filed: Apr 27, 1965 | Docket: 64492890

Published

beneficial interest in title to property.” Section 517.21(1) provides that a sale made in violation of

Scott v. Novick

172 So. 2d 516

District Court of Appeal of Florida | Filed: Feb 26, 1965 | Docket: 64492266

Published

Plaintiff-appellee brought this action under § 517.21, Fla.Stat., F.S.A., seeking in count 1 of his

Orlando Auto Auction, Inc. v. Crown Capital Corp.

171 So. 2d 30, 1965 Fla. App. LEXIS 4613

District Court of Appeal of Florida | Filed: Jan 21, 1965 | Docket: 64491813

Published

said security?” and then recited Florida Statute, § 517.21, F.S.A.: “Every sale made in violation of any

DeBlase v. Winter Garden Co-operative Apartments, Inc.

142 So. 2d 307, 1962 Fla. App. LEXIS 3328

District Court of Appeal of Florida | Filed: Jun 12, 1962 | Docket: 60205240

Published

registered therein shall be open to public inspection.” § 517.21 provides in part: “Every sale made in violation