Birnholz v. 44 Wall Street Fund, Inc.

The facts of this case are contained in the original panel decision in which we concluded that an amendment to the Florida Securities and Investor Protection Act, §§ 517.011 et seq., Fla.Stat. (1987), should have been applied retroactively to require that issuers of securities registered with the Securities and Exchange Commission and exempt from Florida registration pay a $750.00 nonreturnable fee to the Florida Department of Banking and Finance, Division of Securities and Investor Protection (the “Division”), for each 36-consecutive-month period in which the securities are offered and sold…