Senate Bill sb2604
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Florida Senate - 2007 SB 2604
By Senator Aronberg
27-146A-07
1 A bill to be entitled
2 An act relating to injunctions; amending s.
3 517.191, F.S.; authorizing a receiver or
4 administrator to bring certain legal actions on
5 behalf of a defendant, without regard to
6 wrongful acts committed by the defendant, in
7 certain actions relating to injunctive relief
8 involving securities transactions; providing an
9 effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Subsection (2) of section 517.191, Florida
14 Statutes, is amended to read:
15 517.191 Injunction to restrain violations.--
16 (2) In addition to all other means provided by law for
17 the enforcement of any temporary restraining order, temporary
18 injunction, or permanent injunction issued in any such court
19 proceedings, the court may shall have the power and
20 jurisdiction, upon application of the office, to impound and
21 to appoint a receiver or administrator for the property,
22 assets, and business of the defendant, including, but not
23 limited to, the books, records, documents, and papers
24 appertaining thereto. The receiver or administrator may bring
25 legal actions in the name of and on behalf of the defendant,
26 without regard to any unlawful acts committed by the
27 defendant. In addition, the Such receiver or administrator,
28 when appointed and qualified, has shall have all powers and
29 duties as to custody, collection, administration, winding up,
30 and liquidation of the said property and business which are as
31 shall from time to time be conferred upon her or him by the
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2604
27-146A-07
1 court. In any such action, the court may issue orders and
2 decrees staying all pending suits and enjoining any further
3 suits affecting the receiver's or administrator's custody or
4 possession of the said property, assets, and business, or, in
5 its discretion, may, with the consent of the presiding judge
6 of the circuit, require that all such suits be assigned to the
7 circuit court judge appointing the said receiver or
8 administrator.
9 Section 2. This act shall take effect July 1, 2007.
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12 SENATE SUMMARY
13 Authorizes a receiver or an administrator to bring legal
actions on behalf of a defendant, without regard to
14 wrongful acts committed by the defendant, in certain
actions relating to injunctive relief involving
15 securities transactions.
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CODING: Words stricken are deletions; words underlined are additions.