The Florida Senate

517.131  Securities Guaranty Fund.--

(1)

(a)  The Treasurer shall establish a Securities Guaranty Fund. An amount not exceeding 20 percent of all revenues received as assessment fees pursuant to s. 517.12(10) and (11) for dealers and investment advisers and an amount not exceeding 10 percent of all revenues received as assessment fees pursuant to s. 517.12(10) and (11) for associated persons shall be allocated to the fund. An additional amount not exceeding 3.5 percent of all revenues received as assessment fees for associated persons pursuant to s. 517.12(10) and (11) shall be allocated to the Securities Guaranty Fund upon a determination, by final order of the department, that sufficient funds have been allocated to the fund pursuant to s. 517.1203 to satisfy all valid claims filed in accordance with s. 517.1203(2). This assessment fee shall be part of the regular license fee and shall be transferred to or deposited in the Securities Guaranty Fund.

(b)  If the fund at any time exceeds $1.5 million, allocation of assessment fees to this fund shall be discontinued at the end of that license year, and such assessment fees shall not be reimposed unless the fund is reduced below $1 million by disbursement made in accordance with s. 517.141.

(2)  The Securities Guaranty Fund shall be disbursed as provided in s. 517.141 to a person who is adjudged by a court of competent jurisdiction to have suffered monetary damages as a result of any of the following acts committed by a dealer, investment adviser, or associated person who was licensed under this chapter at the time the act was committed:

(a)  A violation of s. 517.07.

(b)  A violation of s. 517.301.

(3)  Any person is eligible to seek recovery from the Securities Guaranty Fund if:

(a)  Such person has received final judgment in a court of competent jurisdiction in any action wherein the cause of action was based on a violation of those sections referred to in subsection (2).

(b)  Such person has made all reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets subject to being sold or applied in satisfaction of the judgment, and by her or his search the person has discovered no property or assets; or she or he has discovered property and assets and has taken all necessary action and proceedings for the application thereof to the judgment, but the amount thereby realized was insufficient to satisfy the judgment. To verify compliance with such condition, the department may require such person to have a writ of execution be issued upon such judgment and may further require a showing that no personal or real property of the judgment debtor liable to be levied upon in complete satisfaction of the judgment can be found.

(c)  Such person has applied any amounts recovered from the judgment debtor, or from any other source, to the damages awarded by the court.

(d)  The act for which recovery is sought occurred on or after January 1, 1979.

(e)  The department waives compliance with the requirements of paragraph (a) or paragraph (b). The department may waive such compliance if the dealer, investment adviser, or associated person which is the subject of the claim filed with the department is the subject of any proceeding in which a receiver has been appointed by a court of competent jurisdiction. If the department waives such compliance, the department may, upon petition by the debtor or the court-appointed trustee, examiner, or receiver, distribute funds from the Securities Guaranty Fund up to the amount allowed under s. 517.141. Any waiver granted pursuant to this section shall be considered a judgment for purposes of complying with the requirements of this section and of s. 517.141.

(4)  Any person who files an action that may result in the disbursement of funds from the Securities Guaranty Fund pursuant to the provisions of s. 517.141 shall give written notice by certified mail to the department as soon as practicable after such action has been filed. The failure to give such notice shall not bar a payment from the Securities Guaranty Fund if all of the conditions specified in subsection (3) are satisfied.

History.--s. 5, ch. 78-435; ss. 8, 15, ch. 79-381; s. 5, ch. 80-254; ss. 2, 3, ch. 81-318; s. 5, ch. 84-159; ss. 9, 14, 15, ch. 90-362; s. 4, ch. 91-429; s. 5, ch. 92-45; s. 7, ch. 96-338; s. 1168, ch. 97-103; s. 10, ch. 97-224.