Legal Opinion · Concurrence

Nelson v. State ex rel. Lewis

District Court of Appeal of Florida

Decided October 12, 1983No. Nos. 83-203, 83-204Published

1ConcurrenceAnstead, Judge

Appellants, three of twenty-one defendants accused of violations of the Florida Securities Act and the Mortgage Brokerage Act, challenge the state’s authority to prosecute them under the securities statute.

The purpose of the present Florida Securities Act, as with its predecessors, is to protect the public from fraudulent and deceptive practices. O’Neill v. State, 336 So.2d 699 (Fla. 4th DCA 1976); McElfresh v. State, 151 Fla. 140, 9 So.2d 277 (1942). Chapter 517 requires registration of securities. § 517.07, Fla.Stat. (1981). The only exemptions are for certain transactions where the buyers…

2Cases cited5 opinions

  1. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  2. Brown v. RairighDistrict Court of Appeal of Florida · 1978
  3. O'NEILL v. StateDistrict Court of Appeal of Florida · 1976
  4. McElfresh v. StateSupreme Court of Florida · 1942
  5. Le Chateau Royal Corp. v. PantaleoDistrict Court of Appeal of Florida · 1979

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