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. 517.311

517.311 False representations; deceptive words; enforcement.—

(1) It is unlawful for any person in issuing or selling any security within the state, including any security exempted under the provisions of s. 517.051 and including any transaction exempted under the provisions of s. 517.061, to misrepresent that such security or company has been guaranteed, sponsored, recommended, or approved by the state or any agency or officer of the state or by the United States or any agency or officer of the United States.

(2) It is unlawful for any person registered or required to be registered, or subject to the notice requirements, under any section of this chapter, including such persons and issuers within the purview of ss. 517.051 and 517.061, to misrepresent that such person has been sponsored, recommended, or approved, or that her or his abilities or qualifications have in any respect been passed upon, by the state or any agency or officer of the state or by the United States or any agency or officer of the United States.

(3) It is unlawful and a violation of this chapter for a person in connection with the offer or sale of any investment to obtain money or property by means of:

(a) A misrepresentation that the investment offered or sold is guaranteed, sponsored, recommended, or approved by the state or any agency or officer of the state or by the United States or any agency or officer of the United States; or

(b) A misrepresentation that such person is sponsored, recommended, or approved, or that such person’s abilities or qualifications have in any respect been passed upon, by the state or any agency or officer of the state or by the United States or any agency or officer of the United States.

(4)(a) No provision of subsection (1) or subsection (2) shall be construed to prohibit a statement that a person or security is registered or has made a notice filing under this chapter if such statement is required by the provisions of this chapter or rules promulgated thereunder, if such statement is true in fact, and if the effect of such statement is not misrepresented.

(b) Any statement that a person is registered made in connection with the offer or sale of any security under the provisions of this chapter shall include the following disclaimer: “Registration does not imply that such person has been sponsored, recommended, or approved by the state or any agency or officer of the state or by the United States or any agency or officer of the United States.”

1. If the statement of registration is made in writing, the disclaimer shall immediately follow such statement and shall be in the same size and style of print as the statement of registration.

2. If the statement of registration is made orally, the disclaimer shall be made or broadcast with the same force and effect as the statement of registration.

History.—s. 1, ch. 63-98; ss. 12, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 8, ch. 78-435; ss. 11, 15, ch. 79-381; ss. 4, 5, ch. 80-254; s. 398, ch. 81-259; ss. 2, 3, ch. 81-318; s. 14, ch. 84-159; s. 14, ch. 86-85; ss. 14, 15, ch. 90-362; s. 4, ch. 91-429; s. 685, ch. 97-103; s. 12, ch. 98-221.

F.S. 517.311 on Google Scholar

F.S. 517.311 on Casetext

Amendments to 517.311

Arrestable Offenses / Crimes under Fla. Stat. 517.311

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

S517.311 - FRAUD-FALSE STATEMENT - SECURITIES MISREPRESENTATION VIOLATION - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

WATERS v. INTERNATIONAL PRECIOUS METALS CORPORATION,, 172 F.R.D. 479 (S.D. Fla. 1996)

. . . . § 517.301(2) reads, in pertinent part: “For purposes of this section, s. 517.311, and s. 517.312, the . . .

COMMODITY FUTURES TRADING COMMISSION, v. AMERICAN METALS EXCHANGE CORP. F. C. M. a k a, 775 F. Supp. 767 (D.N.J. 1991)

. . . this state, any security or investment when such offer or sale is in violation of s. 517.301 or s. 517.311 . . . Section 517.301(2) provides that: (2) For purposes of this section, s. 517.311, and s. 517.312, the term . . . this state, any security or investment when such offer or sale is in violation of s. 517.301 or s. 517.311 . . . to securities, laws prohibiting fraudulent transactions (s. 517.301) and false representations (s. 517.311 . . .

A. G. EDWARDS SONS, INC. v. WEINREICH, 572 So. 2d 993 (Fla. Dist. Ct. App. 1990)

. . . argue first that the trial court erred in instructing the jury that a violation of sections 517.301 and 517.311 . . . At the close of the evidence, appellees sought a jury instruction, based upon sections 517.301 and 517.311 . . . Florida Statutes 517.311, Subsection 1: It is unlawful for any person to misrepresent that such security . . .

YEOMANS v. STATE DEPARTMENT OF BANKING AND FINANCE, DIVISION OF SECURITIES, RATTET d b a v. STATE DEPARTMENT OF BANKING AND FINANCE, DIVISION OF SECURITIES,, 452 So. 2d 1011 (Fla. Dist. Ct. App. 1984)

. . . Secs. 517.301, 517.311. . . .

F. FOGARTY, Jr. v. SECURITY TRUST COMPANY, E. E. FOGARTY, Jr. v. SECURITY TRUST COMPANY, E. H., 532 F.2d 1029 (5th Cir. 1976)

. . . . §§ 517.01, 517.311 (1972 and Supp.1974). . . . .