Florida Statute 609.02 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 609
COMMON-LAW DECLARATIONS OF TRUST

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F.S. 609.02

609.02 Filing a declaration of trust.—Every such organization organized for the purpose of transacting business in this state, or organized in this state for the purpose of transacting business elsewhere, which intends to sell or offer for sale any units, shares, contracts, notes, bonds, mortgages, oil or mineral leases or other security of such association shall, prior to transacting any such business, file with the Department of State a true and correct copy of the declaration of trust under which the association proposes to conduct its business, which copy shall be sworn to, as being a true and correct copy, by the chair of the board of trustees named in such declaration of trust. When such copy shall have been filed with the Department of State it shall constitute public notice as to the purposes and manner of the business to be engaged in by such association. The Department of State, prior to the issuance of the certificate by it, shall collect from the said association a filing fee of $350, which fee shall be paid by it into the general fund of the state.

History.—ss. 1, 2, ch. 9125, 1923; s. 1, ch. 11995, 1927; CGL 7091, 7092; ss. 10, 35, ch. 69-106; s. 12, ch. 71-114; s. 67, ch. 90-132; s. 68, ch. 97-102.

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Amendments to 609.02

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 609.02

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

S609.02 - PUBLIC ORDER CRIMES - VIOLATION IN FILING DECLARATION OF TRUST - F: T

Cases Citing Statute 609.02

Total Results: 5

In Re Mohan Kutty Trust

134 B.R. 987, 1991 Bankr. LEXIS 1843, 1991 WL 275380

United States Bankruptcy Court, M.D. Florida | Filed: Dec 11, 1991 | Docket: 1454127

Cited 2 times | Published

association proposes to conduct business. Fla.Stat. § 609.02. It is undisputed in this case that the Trust

Your Construction Center, Inc. v. Dominion Mortgage & Realty Trust

402 F. Supp. 757

District Court, S.D. Florida | Filed: Oct 31, 1975 | Docket: 877182

Cited 2 times | Published

security business, of any kind, in this state. § 609.02 Filing a declaration of trust. Every such organization

Boyd v. Boulevard National Bank

306 So. 2d 551

District Court of Appeal of Florida | Filed: Jan 14, 1975 | Docket: 1376759

Cited 2 times | Published

Mortgage Investors, was shown to have complied with § 609.02 Fla. Stat., F.S.A., to qualify it to transact

O'HANLON v. Herndon

5 So. 3d 723, 34 Fla. L. Weekly Fed. S 379, 2009 Fla. App. LEXIS 1252, 2009 WL 386846

District Court of Appeal of Florida | Filed: Feb 18, 2009 | Docket: 1292028

Cited 1 times | Published

Trust with the Secretary of State pursuant to section 609.02, Florida Statutes (2006), and therefore, it

Hassan Mohamed Farah v. Michael W. Meade

Court of Appeals for the Eleventh Circuit | Filed: Sep 8, 2021 | Docket: 60370820

Published

attempt to inflict bodily harm upon another.” Id. § 609.02, subd. 10. “Bodily harm” is “physical pain or