eLaws of Florida

  SECTION 280.05. Powers and duties of the Chief Financial Officer.  


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  • 1In fulfilling the requirements of this act, the Chief Financial Officer has the power to take the following actions he or she deems necessary to protect the integrity of the public deposits program:
    34(1) 35Perform financial analysis of any qualified public depositories.
    43(2) 44Require collateral, or increase the collateral-pledging level, of any qualified public depository.
    56(3) 57Decline to accept, or reduce the reported value of, collateral in order to ensure the pledging or depositing of sufficient marketable collateral and acceptable letters of credit.
    84(4) 85Maintain perpetual inventory of collateral and perform monthly market valuations and quality ratings.
    98(5) 99Monitor and confirm collateral with custodians and letter of credit issuers.
    110(6) 111Move collateral into an account established in the Chief Financial Officer’s name upon the occurrence of one or more triggering events.
    132(7) 133Issue notice to a qualified public depository that use of a custodian will be disallowed when the custodian has failed to follow collateral agreement terms.
    158(8) 159Furnish written notice to custodians of collateral to hold interest and principal payments made on securities held as collateral and to deposit or transfer such payments pursuant to the Chief Financial Officer’s instructions.
    192(9) 193Release collateral held in the Chief Financial Officer’s name, subject to sale and transfer of funds directly from the custodian to public depositors of a withdrawing depository.
    220(10) 221Demand payment under letters of credit for any of the triggering events listed in s. 236280.041 237and deposit the funds in:
    242(a) 243The Public Deposits Trust Fund for purposes of paying losses to public depositors.
    256(b) 257The Treasury Administrative and Investment Trust Fund for receiving payment of administrative penalties.
    270(c) 271The Treasury Cash Deposit Trust Fund for purposes of eligible collateral.
    282(11) 283Sell securities for the purpose of paying losses to public depositors not covered by deposit insurance.
    299(12) 300Transfer funds directly from the custodian to public depositors or the receiver in order to facilitate prompt payment of claims.
    320(13) 321Require the filing of the following reports, which the Chief Financial Officer shall process as provided:
    337(a) 338Qualified public depository monthly reports and schedules. The Chief Financial Officer shall review the reports of each qualified public depository for material changes in tangible equity capital or changes in name, address, or type of institution; record the average daily balances of public deposits held; and monitor the collateral-pledging levels and required collateral.
    391(b) 392Quarterly regulatory reports from qualified public depositories. The Chief Financial Officer shall analyze qualified public depositories ranked in the lowest category based on established financial condition criteria.
    419(c) 420Qualified public depository annual reports and public depositor annual reports. The Chief Financial Officer shall compare public deposit information reported by qualified public depositories and public depositors. Such comparison shall be conducted for qualified public depositories that are ranked in the lowest category based on established financial condition criteria of record on September 30. Additional comparison processes may be performed as public deposits program resources permit.
    486(d) 487Any related documents, reports, records, or other information deemed necessary by the Chief Financial Officer in order to ascertain compliance with this chapter.
    510(14) 511Verify the reports of any qualified public depository relating to public deposits it holds when necessary to protect the integrity of the public deposits program.
    536(15) 537Confirm public deposits, to the extent possible under current law, when needed.
    549(16) 550Require at his or her discretion the filing of any information or forms required under this chapter to be by electronic data transmission. Such filings of information or forms shall have the same enforceability as a signed writing.
    588(17) 589Suspend or disqualify or disqualify after suspension any qualified public depository that has violated any of the provisions of this chapter or of rules adopted hereunder.
    615(a) 616Any qualified public depository that is suspended or disqualified pursuant to this subsection is subject to the provisions of s. 636280.11(2) 637governing withdrawal from the public deposits program and return of pledged collateral. Any suspension shall not exceed a period of 6 months. Any qualified public depository which has been disqualified may not reapply for qualification until after the expiration of 1 year from the date of the final order of disqualification or the final disposition of any appeal taken therefrom.
    697(b) 698In lieu of suspension or disqualification, impose an administrative penalty upon the qualified public depository as provided in s. 717280.054718.
    719(c) 720If the Chief Financial Officer has reason to believe that any qualified public depository or any other financial institution holding public deposits is or has been violating any of the provisions of this chapter or of rules adopted hereunder, he or she may issue to the qualified public depository or other financial institution an order to cease and desist from the violation or to correct the condition giving rise to or resulting from the violation. If any qualified public depository or other financial institution violates a cease-and-desist or corrective order, the Chief Financial Officer may impose an administrative penalty upon the qualified public depository or other financial institution as provided in s. 832280.054 833or s. 835280.055836. In addition to the administrative penalty, the Chief Financial Officer may suspend or disqualify any qualified public depository for violation of any order issued pursuant to this paragraph.
History.-s. 3, ch. 81-285; s. 10, ch. 83-122; s. 4, ch. 85-259; s. 5, ch. 87-409; ss. 5, 14, ch. 88-185; s. 8, ch. 90-357; s. 12, ch. 91-244; s. 5, ch. 91-429; s. 189, ch. 95-148; s. 7, ch. 96-216; s. 14, ch. 98-409; s. 4, ch. 2001-230; s. 289, ch. 2003-261; s. 4, ch. 2014-145.