(1) The Chief Financial Officer may issue a cease and desist order and a corrective order upon determining that:
(a) A qualified public depository has requested and obtained a release of pledged collateral without approval of the Chief Financial Officer;
(b) A bank, savings association, or other financial institution is holding public deposits without a certificate of qualification issued by the Chief Financial Officer;
(c) A qualified public depository pledges, deposits, or arranges for the issuance of unacceptable collateral;
(d) A custodian has released pledged collateral without approval of the Chief Financial Officer;
(e) A qualified public depository or a custodian has not furnished to the Chief Financial Officer, when the Chief Financial Officer requested, a power of attorney or bond power or bond assignment form required by the bond agent or bond trustee for each issue of registered certificated securities pledged and registered in the name, or nominee name, of the qualified public depository or custodian; or
(f) A qualified public depository; a bank, savings association, or other financial institution; or a custodian has committed any other violation of this chapter or any rule adopted pursuant to this chapter that the Chief Financial Officer determines may be remedied by a cease and desist order or corrective order.
(2) Any qualified public depository or other bank, savings association, or financial institution or custodian that violates a cease and desist order or corrective order of the Chief Financial Officer is subject to an administrative penalty not exceeding $1,000 for each violation of the order. Each day the violation of the order continues constitutes a separate violation.
History.—s. 10, ch. 87-409; s. 7, ch. 88-185; s. 7, ch. 2001-230; s. 294, ch. 2003-261.
Structure Florida Statutes
Chapter 280 - Security for Public Deposits
280.03 - Public Deposits to Be Secured; Prohibitions; Exemptions.
280.04 - Collateral for Public Deposits; General Provisions.
280.041 - Collateral Arrangements; Agreements, Provisions, and Triggering Events.
280.05 - Powers and Duties of the Chief Financial Officer.
280.051 - Grounds for Suspension or Disqualification of a Qualified Public Depository.
280.052 - Order of Suspension or Disqualification; Procedure.
280.053 - Period of Suspension or Disqualification; Obligations During Period; Reinstatement.
280.054 - Administrative Penalty in Lieu of Suspension or Disqualification.
280.055 - Cease and Desist Order; Corrective Order; Administrative Penalty.
280.06 - Penalty for Violation of Law, Rule, or Order to Cease and Desist or Other Lawful Order.
280.07 - Mutual Responsibility and Contingent Liability.
280.08 - Procedure for Payment of Losses.
280.085 - Notice to Claimants.
280.09 - Public Deposits Trust Fund.
280.10 - Effect of Merger, Acquisition, or Consolidation; Change of Name or Address.
280.11 - Withdrawal From Public Deposits Program; Return of Pledged Collateral.
280.16 - Requirements of Qualified Public Depositories; Confidentiality.
280.18 - Protection of Public Depositors; Liability of the State.