Florida Statute 517.302 - Full Text and Legal Analysis

The 2025 Florida Statutes

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 s. 517.301 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; s. 25, ch. 2024-168.

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Amendments to 517.302

Annotations, Discussions, Cases:

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

Cases Citing Statute 517.302

Total Results: 9

First Union Brokerage v. Milos

717 F. Supp. 1519, 1989 U.S. Dist. LEXIS 8235, 1989 WL 79786

District Court, S.D. Florida | Filed: May 12, 1989 | Docket: 496895

Cited 35 times | Published

Claim under Florida Statute Section 517.301 Section 517.302(1)(a) of the Florida Securities Act, patterned

Speights v. State

414 So. 2d 574

District Court of Appeal of Florida | Filed: May 10, 1982 | Docket: 1707258

Cited 17 times | Published

Violation of this statute is a third degree felony. § 517.302, Florida Statutes (1981). [12] Section 517.17

Carcaise v. Durden

382 So. 2d 1236

District Court of Appeal of Florida | Filed: Mar 26, 1980 | Docket: 1255367

Cited 16 times | Published

affidavit is dismissed or set aside. [2] Fla. Stat. 517.302 (1973) allows five years within which to

State v. Buchman

361 So. 2d 692

Supreme Court of Florida | Filed: May 25, 1978 | Docket: 1685701

Cited 14 times | Published

the U.S.Const., Art. I., § 9, Fla. Const. [4] § 517.302, Fla. Stat. [5] Burden of proof. It shall not

Rudd v. State

386 So. 2d 1216

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

Cited 12 times | Published

under the Sale of Securities Act was five years. § 517.302, Fla. Stat. (1973). The period for prosecution

Edwards v. Trulis

212 So. 2d 893

District Court of Appeal of Florida | Filed: Feb 22, 1968 | Docket: 460608

Cited 8 times | Published

[2] F.S. § 517.19(4) (6), F.S.A. [3] F.S. § 517.302, F.S.A. [4] McManus v. Fulton (1929), 85 Mont

Day v. State

977 So. 2d 664, 2008 WL 463243

District Court of Appeal of Florida | Filed: Feb 22, 2008 | Docket: 1529809

Published

that illustrates the point. Prior to 1986, section 517.302, Florida Statutes, provided that: "Whoever

State v. Butts

388 So. 2d 317, 1980 Fla. App. LEXIS 17152

District Court of Appeal of Florida | Filed: Sep 17, 1980 | Docket: 64578178

Published

that the applicable statute of limitations was § 517.302, Fla.Stat. (1973), a five year statute of limitation

State ex rel. Ridenour v. Bryson

380 So. 2d 468, 1980 Fla. App. LEXIS 15477

District Court of Appeal of Florida | Filed: Jan 30, 1980 | Docket: 64574664

Published

limitations for the illegal sale of securities. § 517.302, Fla.Stat. (1977).2 The trial court apparently