Florida Statutes

Fla. Stat. § 517.302 (2025)

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

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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.

Arrestable Offenses under F.S. 517.302

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§517.302FRAUDRENUMBERED. SEE REC # 9945F · 3rd

§517.302FRAUDRENUMBERED. SEE REC # 1813F · 1st

§517.302(1)FRAUDSECURITIES TRANSACTIONS VIOLATIONSF · 3rd

§517.302(2)FRAUDRUN BOILER ROOM K+ FROM 5+ VICTIMSF · 1st

§517.302(2)FRAUDSELL SECURITY INVESTMENT K+ FROM 5+ VICTIMSF · 1st

Notes of Decisions

Cited in 10 cases, 1968–2008 · leading case: Gordon Jones & Laura Jones v. John H. Childers & Talent Servs., Inc., 18 F.3d 899 (11th Cir. 1994).

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Gordon Jones & Laura Jones v. John H. Childers & Talent Servs., Inc., 18 F.3d 899 (11th Cir. 1994). “The district court found, properly in our view, that under Fla.Stat. §§ 517.302(1), violations of Chapter 517 constitute per se felonies for which there is no intent or scienter requirement.”

State v. Buchman, 361 So. 2d 692 (Fla. 1978). · cites it 2× “[4] § 517.302, Fla. Stat. [5] Burden of proof.”

Rudd v. State, 386 So. 2d 1216 (Fla. 5th DCA 1980). · cites it 2× “§ 517.302, Fla. Stat. (1973). The period for prosecution of larceny was two years.”

First Union Brokerage v. Milos, 717 F. Supp. 1519 (S.D. Fla. 1989). “301 Section 517.302(l)(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, practice or course of business…”

Carcaise v. Durden, 382 So. 2d 1236 (Fla. 5th DCA 1980). “[2] Fla. Stat. 517.302 (1973) allows five years within which to begin prosecution.”

Speights v. State, 414 So. 2d 574 (Fla. 1st DCA 1982). “§ 517.302, Florida Statutes (1981). [12] Section 517.”

Edwards v. Trulis, 212 So. 2d 893 (Fla. 1st DCA 1968). · cites it 2× “I concur in the conclusion reached by the majority opinion in this case, but only because the record presented to us is so deficient that we have no way of determining whether the sale of the securities involved here came within the statutory exemption provided for in Section…”

State v. Butts, 388 So. 2d 317 (Fla. 5th DCA 1980). · cites it 4× “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. (1973), a five year statute of limitation for prosecution of violations of chapter 517.”

State ex rel. Ridenour v. Bryson, 380 So. 2d 468 (Fla. 2d DCA 1980). · cites it 4× “§ 517.302, Fla.Stat. (1977). 2 The trial court apparently felt that the statute of limitations for a conspiracy to commit a certain offense should carry the same limitations period as the offense which was the object of the conspiracy.”

Day v. State, 977 So. 2d 664 (Fla. 5th DCA 2008). · cites it 6× “" See § 517.302, Fla. Stat. (1985). Against the argument by the defendants charged with chapter 517 criminal offenses that the two year general statute of limitations applied, Florida courts held that the specific statute applied, even though it was longer.”

— 517.302(1) — 1 case

— 517.302(4) — 1 case

Day v. State, 977 So. 2d 664 (Fla. 5th DCA 2008). “" See § 517.302, Fla. Stat. (1985). Against the argument by the defendants charged with chapter 517 criminal offenses that the two year general statute of limitations applied, Florida courts held that the specific statute applied, even though it was longer.”

— 517.302(l)(a) — 1 case

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