Miscellaneous

DEPARTMENT OF FINANCIAL SERVICES
Finance
Office of Financial Regulation
Rule No. : RULE TITLE :
69V-180.010: Commercial Collection Surety Bond and Procedures

IN RE:   Administrative Proceeding

              No: 1192-FR-2/11

STILLWELL & STONE, LLC

____________________________________/

NOTICE OF CLAIMS AGAINST SURETY BOND

The State of Florida Office of Financial Regulation (“Office”) being authorized and directed to administer the Surety Bond (“the Bond”) pursuant to Section 559.546(2), Florida Statutes, enters this Notice of Claims against the Surety Bond arising from alleged violations of the provisions of Chapter 559, Florida Statutes, by Stillwell & Stone, LLC (“S&S”).

FINDINGS OF FACT

1.             S&S have a surety bond of $50,000 through Nova Casualty Company.

2.             On or about January 31, 2011, Nova Casualty Company informed the Office that it had received claims against the bond that would exceed the amount of the $50,000 bond.

3.             The Office has to enter an order for a Notice of Intent to grant or deny payment 6 months after the date of receipt of the first claim against the bond.

4.             The first proper claim against the Bond was on December 22, 2010.

CONCLUSIONS OF LAW

5.             Section 559.546(2), Florida Statutes, provides in relevant part:

(2)           The liability of the surety under any bond issued pursuant to the requirements of this part shall not exceed in the aggregate the amount of the bond, regardless of the number or amount of any claims filed or which might be asserted against the surety on such bond. If multiple claims are filed against the surety on any such bond in excess of the amount of the bond, the surety may pay the full amount of the bond to the office and shall not be further liable under the bond. The office shall hold such funds for distribution to claimants and administratively determine and pay to each claimant the pro rata share of each valid claim made against the funds within 6 months after the date of the filing of the first claim against the surety.

6.             Rule 69V-180.010, Florida Administrative Code, provides in relevant part:

(2)(a)      In the event that the surety has received claims within a six (6) month period, whether or not reduced to judgment, which exceed the amount due by the surety on the bond, the surety may pay the amount due on the bond to the Office of Financial Regulation and shall not be further liable on the bond. At the time payment is made by the surety to the Office of Financial Regulation, the surety shall provide the Office of Financial Regulation with copies of all claims made on the bond. Only valid claims made against the bond within six (6) months after the date of receipt of the first claim against the bond shall be paid. Subsequent to the expiration of the six-month period, the Office of Financial Regulation shall notice its intent to approve or deny the claims on file with the Office of Financial Regulation. The entry of a valid final judgment against the commercial collection agency or the surety shall be conclusive evidence of a valid claim. In the event that the claimant has not reduced the claim to judgment, the claimant may provide evidence to the Office of Financial Regulation pursuant to Section 120.57, Florida Statutes. Should the amount of valid claims exceed the amount on deposit with the Office of Financial Regulation, payment shall be based on the ratio that the person’s claim bears to the total claims filed.

7.             The Office received the first proper claim against the bond on December 22, 2010. Accordingly, the 6 month period mandated by Section 559.546(2), Florida Statutes, and Rule 69V-180.010, Florida Administrative Code, began to run on said date and will expire on June 22, 2011.

8.             Claimants shall have until June 22, 2011 to file their claims with the Office pursuant to Section 559.546, Florida Statutes, and Rule 69V-180.010, Florida Administrative Code at which point the Office will issue a notice of intent to approve or deny claims.

NOTICE OF RIGHTS

NOTICE IS HEREBY GIVEN that Respondent may request a hearing to be conducted in accordance with the provisions of Sections 120.569 and 120.57, Florida Statutes. Requests for such a hearing must comply with the provisions of subsection 28-106.104(2) and Rule 28-106.2015, Florida Administrative Code. Your request must be filed within twenty-one (21) days after the publication of this notice in Florida Administrative Weekly. Claims should be filed with:

Agency Clerk

Office of Financial Regulation

Legal Services Office

P. O. Box 8050

Tallahassee, Florida 32314-8050

(850)410-9896

Facsimile: (850)410-9645

Failure to respond within twenty-one (21) days of publication of this notice in Florida Administrative Weekly shall be deemed a waiver of all rights to a hearing, and Final Order will be entered without further notice. Should you request such a hearing, you will have the right to be represented by counsel or other qualified representative to offer testimony, either written or oral, to call and cross-examine witnesses, and to have subpoenas and subpoenas duces tecum issued on your behalf.

Pursuant to Section 120.573, Florida Statutes, you are advised that mediation is not available.

 

                                                                                                                                _____________________

                                                                                                                                Monique Sanoguet, Esq.

                                                                                                                                Assistant General Counsel

                                                                                                                                Office of Financial Regulation

                                                                                                                                P. O. Box 8050

                                                                                                                                Tallahassee, FL 32399-8050

                                                                                                                                Telephone: (850)410-9896

                                                                                                                                Facsimile: (850)410-9645

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 25th of March, 2011, a true and correct copy of the foregoing Notice of Claims Against Surety Bond was sent by U.S. MAIL to the following:

 

Amy Cook                                                                                                                              Marine Foods Express, LTD.

Bond Claim Department                                                                                                         Attn: Julie Ong

The Hanover Insurance Group                                                                                               5757 South Loop East

440 Lincoln Street                                                                                                                   Houston, TX 77033

Worcester, MA 01653                                                                                                           

 

Stiwell & Stone, LLC                                                                                                              Karl Stanley

2600 K Ave. #251                                                                                                                  3528 Camiro Trail

Plano, TX 75074                                                                                                                    McKinley, TX 75074

 

Jeffrey Buono                                                                                                                         Hightech Signs

7012 Amethyst Lane                                                                                                              Attn: Ben Foster

Plano, TX 75025                                                                                                                    2165 Seminole Trail

                                                                                                                                                Charlottesville, VA 22901

 

FJB Water Technology                                                                                                           Gypsum Floors of Ar/Ok, Inc.

Attn: Frank Baumann, P.E.                                                                                                     Attn: Jeanneane Pinner

509 First Street, #303                                                                                                              P. O. Box 1707

Snohomish, WA 98290                                                                                                            Muldrow, OK 74948

 

As well as submitted for publication in the Florida Administrative Weekly on March 25, 2011.

                                                                                                                                _____________________

                                                                                                                                Monique Sanoguet, Esq.

                                                                                                                                Assistant General Counsel

                                                                                                                                Office of Financial Regulation

                                                                                                                                P. O. Box 8050

                                                                                                                                Tallahassee, FL 32399-8050

                                                                                                                                Telephone: (850)410-9648