Florida Statutes Title XXXIII Chapter 517 - Securities Transactions

• 517.011 - Short Title.
  This chapter may be cited as the “Florida Securities and Investor Protection Act.”History.—s. 1, ch. 78-435; s. 5, ch. 80-254; s. 391, ch. 81-259; ss....
• 517.021 - Definitions.
  When used in this chapter, unless the context otherwise indicates, the following terms have the following respective meanings:(1) “Affiliate” means a person that directly, or indirectly...
• 517.03 - Rulemaking; Immunity For Acts In Conformity With Rules.
  (1) The office shall administer and provide for the enforcement of all the provisions of this chapter. The commission may adopt rules pursuant to ss. 120.536(1)...
• 517.051 - Exempt Securities.
  The exemptions provided herein from the registration requirements of s. 517.07 are self-executing and do not require any filing with the office prior to claiming...
• 517.061 - Exempt Transactions.
  Except as otherwise provided in s. 517.0611 for a transaction listed in subsection (21), the exemption for each transaction listed below is self-executing and does...
• 517.0611 - Intrastate Crowdfunding.
  (1) This section may be cited as the “Florida Intrastate Crowdfunding Exemption.”(2) Notwithstanding any other provision of this chapter, an offer or sale of a security by...
• 517.07 - Registration Of Securities.
  (1) It is unlawful and a violation of this chapter for any person to sell or offer to sell a security within this state unless the...
• 517.072 - Viatical Settlement Investments.
  (1) The exemptions provided for by ss. 517.051(6), (8), and (10) do not apply to a viatical settlement investment.(2) The offering of a viatical settlement investment is...
• 517.075 - Cuba, Prospectus Disclosure Of Doing Business With, Required.
  (1) Any issuer of securities that will be sold in this state pursuant to a prospectus must disclose in the prospectus if the issuer or any...
• 517.081 - Registration Procedure.
  (1) All securities required by this chapter to be registered before being sold in this state and not entitled to registration by notification shall be registered...
• 517.082 - Notification Registration.
  (1) Except as provided in subsection (3), securities offered or sold pursuant to a registration statement filed under the Securities Act of 1933 shall be entitled...
• 517.101 - Consent To Service.
  (1) Upon any initial application for registration under s. 517.081 or s. 517.082 or upon request of the office, the issuer shall file with such application...
• 517.111 - Revocation Or Denial Of Registration Of Securities.
  (1) The office may revoke or suspend the registration of any security, or may deny any application to register securities, if upon examination into the affairs...
• 517.12 - Registration Of Dealers, Associated Persons, Intermediaries, And Investment Advisers.
  (1) No dealer, associated person, or issuer of securities shall sell or offer for sale any securities in or from offices in this state, or sell...
• 517.1201 - Notice Filing Requirements For Federal Covered Advisers.
  (1) It is unlawful for a person to transact business in this state as a federal covered adviser unless such person has made a notice filing...
• 517.1202 - Notice-filing Requirements For Branch Offices.
  (1) It is unlawful for a dealer or investment adviser to conduct business from a branch office in this state unless the dealer or investment adviser...
• 517.1205 - Registration Of Associated Persons Specific As To Securities Dealer, Investment Adviser, Or Federal Covered Adviser Identified At Time Of Registration Approval.
  Inasmuch as this chapter is intended to protect investors in securities offerings and other investment transactions regulated by that chapter, its provisions are to be...
• 517.121 - Books And Records Requirements; Examinations.
  (1) A dealer, investment adviser, branch office, associated person, or intermediary shall maintain such books and records as the commission may prescribe by rule.(2) The office shall,...
• 517.1215 - Requirements, Rules Of Conduct, And Prohibited Business Practices For Investment Advisors And Their Associated Persons.
  (1) The commission shall specify by rule requirements for investment advisors deemed to have custody of client funds which concern the following:(a) Notification of custody of, maintenance...
• 517.1217 - Rules Of Conduct And Prohibited Business Practices For Dealers And Their Associated Persons.
  The commission by rule may establish rules of conduct and prohibited business practices for dealers and their associated persons. In adopting the rules, the commission...
• 517.122 - Arbitration.
  Any agreement to provide services that are covered by this chapter, entered into after October 1, 1996, by a person required to register under this...
• 517.131 - Securities Guaranty Fund.
  (1)(a) The Chief Financial Officer shall establish a Securities Guaranty Fund. An amount not exceeding 20 percent of all revenues received as assessment fees pursuant to...
• 517.141 - Payment From The Fund.
  (1) Any person who meets all of the conditions prescribed in s. 517.131 may apply to the office for payment to be made to such person...
• 517.151 - Investments Of The Fund.
  The funds of the Securities Guaranty Fund shall be invested by the Chief Financial Officer under the same limitations as other state funds, and the...
• 517.161 - Revocation, Denial, Or Suspension Of Registration Of Dealer, Investment Adviser, Intermediary, Or Associated Person.
  (1) Registration under s. 517.12 may be denied or any registration granted may be revoked, restricted, or suspended by the office if the office determines that...
• 517.1611 - Guidelines.
  (1) The commission shall adopt by rule disciplinary guidelines applicable to each ground for disciplinary action that may be imposed by the office.(a) The disciplinary guidelines shall...
• 517.171 - Burden Of Proof.
  It shall not be necessary to negate any of the exemptions provided in this chapter in any complaint, information, indictment, or other writ or proceedings...
• 517.181 - Escrow Agreement.
  (1) If the statement containing information as to securities to be registered, as provided for in s. 517.081, shall disclose that any such securities or any...
• 517.191 - Injunction To Restrain Violations; Civil Penalties; Enforcement By Attorney General.
  (1) When it appears to the office, either upon complaint or otherwise, that a person has engaged or is about to engage in any act or...
• 517.201 - Investigations; Examinations; Subpoenas; Hearings; Witnesses.
  (1) The office:(a) May make investigations and examinations within or outside of this state as it deems necessary:1. To determine whether a person has violated or is about...
• 517.2015 - Confidentiality Of Information Relating To Investigations And Examinations.
  (1)(a) Except as otherwise provided by this section, information relative to an investigation or examination by the office pursuant to this chapter, including any consumer complaint,...
• 517.2016 - Public Records Exemption; Examination Techniques Or Procedures.
  (1) As used in this section, the term “examination techniques or procedures” means the methods, processes, and guidelines used to evaluate regulatory compliance and to collect...
• 517.211 - Remedies Available In Cases Of Unlawful Sale.
  (1) Every sale made in violation of either s. 517.07 or s. 517.12(1), (4), (5), (9), (11), (13), (16), or (18) may be rescinded at the...
• 517.221 - Cease And Desist Orders.
  (1) The office may issue and serve upon a person a cease and desist order whenever the office has reason to believe that such person is...
• 517.241 - Remedies.
  (1) Any person aggrieved by a final order of the office may have the order reviewed as provided by chapter 120, the Administrative Procedure Act.(2) Nothing in...
• 517.275 - Commodities; Prohibited Practices.
  It is unlawful and a violation of this chapter for any person to engage in any act or practice in or from this state, which...
• 517.301 - Fraudulent Transactions; Falsification Or Concealment Of Facts.
  (1) It is unlawful and a violation of the provisions of this chapter for a person:(a) In connection with the rendering of any investment advice or in...
• 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....
• 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...
• 517.312 - Securities, Investments, Boiler Rooms; Prohibited Practices; Remedies.
  (1) It is unlawful and a violation of this chapter for any person:(a) To offer or sell, in this state or from this state, any security or...
• 517.313 - Destroying Certain Records; Reproduction.
  (1) The commission and office may photograph, microphotograph, or reproduce on film or prints documents, records, data, and information of a permanent character.(2) The commission and office...
• 517.315 - Fees.
  All fees of any nature collected by the office pursuant to this chapter shall be disbursed as follows:(1) The office shall transfer the amount of fees...
• 517.32 - Exemption From Excise Tax, Certain Obligations To Pay.
  There shall be exempt from all excise taxes imposed by chapter 201 all promissory notes, nonnegotiable notes, and other written obligations to pay money bearing...

Last modified: September 23, 2016