61G4-21.006. Subrogation and Assignment

Effective on Sunday, April 27, 2008
  • 1(1) At the time of payment from the Recovery Fund, the claimant shall assign his or her right, title, and interest in any 24final 25judgment 26or board restitution order 30to the extent of such payment 36to the Recovery Fund40.

    41(2) Upon 43payment from the Recovery Fund, 48the Board shall be surrogated to the right, title, and interest of the claimant62. A64ny amount subsequently recovered on the 70final 71judgment, 72board restitution order, or arbitration 77award, shall be for the purpose o84f reimbursing the Recovery Fund, 89to the extent of such payment from the Recovery Fund.

    99(a) If the claim is based on a final judgment, Claimant shall record the assignment in the public records of each county where the original judgment has been recorded.

    128(b) If the claim is based on a board restitution order, Claimant shall record the assignment with the Agency Clerk of the Department of Business and Professional Regulation.

    156(1573158) 159Approved recovery fund claims shall be referred for collection efforts following payment to the claimant when appropriate.

    176Specific Authority 178489.108 FS. 180Law Implemented 182120.69, 183455.227(3)(b), 184418589.143 FS. History–New 7-12-05, Amended 4-27-08.

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