FILED NOV 16 2015 Docketed by 277720. CHIEF FINANCIAL OFFICER JEFF ATWATER __ STATEOF FLORIDA IN THE MATTER OF: VIRGINIA D, REDDING . CASE NO.: 150591-14-AG ADMINISTRATIVE COMPLAINT Virginia D. Redding 210 Kirkman Road Orlando, Florida 32811-1102 Virginia Redding is hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of her activities, while licensed as a limited surety agent in this state, as a result of which it is alleged: | GENERAL ALLEGATIONS 1. Pursuant to chapter 648, Florida Statutes, Virginia D. Redding (“Respondent”) is currently licensed in this state as a limited surety (bail bond) agent, license number A296667. 2. At all times relevant to the dates and occurrences referred to herein, the Respondent was licensed in this state as a limited surety (bail bond) agent with license number A296667. 3, Pursuant to chapter 648, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over the Respondent’s licenses and appointments. 4. At all times relevant to the dates and occurrences herein, the Respondent was the registered agent and sole officer of No Limit Bail Bonds (“No Limit”). 5. On December 19, 2013, in Case No. 1450407-13-AG, the Department issued a Consent Order against the Respondent and imposed one (1) year probation for executing bonds while a final judgment remained unpaid. 6. At all times relevant to the dates and occurrences herein, the Respondent solicited and executed bonds and conducted bail bond business by, through, and with No Limit. 7. At all times relevant to the dates and occurrences herein, the Respondent solicited and executed bonds and conducted bail bond business under the supervision of Ninpo Surety/Seneca, Inc. (“Seneca”) and Ninpo Surety/Star, Inc. (“Star”), managing general agents. ) COUNT 8. The above general allegations are realleged and fully incorporated herein by reference. . 9. On or about September 13, 2012, Seneca appointed the Respondent to conduct bail bond business through No Limit. 10. The Respondent contracted with Seneca, as follows: | BOND PREMIUM - | Contractor shall use its best efforts to collect and remit the portion of the bond premium due to Seneca within fourteen (14) days following execution of each bail bond. SENECA must receive. full remittance of amounts due on each bond and will not extend credit on premium requirements. All funds collected and/or received by Contractor for SENECA shall be segregated and held in trust for the benefit of SENECA, and the entire right, title, and interest to such amounts belong to SENECA. 11. From about April 2013 to about June 2014, the Respondent executed approximately nine bonds for which she failed to timely forward premium percentages to Seneca, creating an outstanding balance of $11,314.35. 12. The Respondent was contractually obligated to pay Seneca twenty percent (20%) of the premium amount collected within fourteen (14) days of execution.of each bond. | 13. The Respondent failed to forward the required premium percentage payments to Seneca. . 14. As of the date of filing of this Administrative Complaint, the Respondent has an outstanding balance of $11,314.35 for premium percentage payments owed to Seneca. IT IS THEREFORE CHARGED that the Respondent has violated one or more of the following provisions of the Florida Statutes, which constitutes. grounds for the suspension or revocation of her license as a limited surety (bail bond) agent in the state: A. Section 648.45(2)(g), Florida Statutes, which provides that it is a violation of law for a bail bond agent to engage in fraudulent or dishonest practices in the conduct of business under the license or appointment. B, Section 648.45(2)(h), Florida Statutes, which provides that it is a violation of law for a bail bond agent to be guilty of misappropriation, conversion, or unlawful withholding of moneys belonging to a surety, a principal, or others and received in the course of business under a license. C, Section 648.45(2)(),-Florida Statutes, which provides _that it_is.a_violation of law _._____ for a bail bond agent to willfully fail to comply with or willfully violate any proper order or rule of the department or willfully violate any provision of chapter 648 or the Florida Insurance Code. D. Section 648.45(2)(1), Florida Statutes, which provides that it is a violation of law for a bail bond agent to demonstrate a lack of good faith in carrying out contractual obligations and agreements. . E. Section 648.45(3)(c), Florida Statutes, which provides that it is a violation of law for a bail bond agent to violate any law relating to the business of bail bond insurance or violate any provision of the Florida Insurance Code. F, Section 648.45(3)(d), Florida Statutes, which provides that it is a violation of law for a bail bond agent to fail to refuse, upon demand, to pay over to any insurer the bail bond agent represents or has represented any money coming into his or her hands that belongs to'the insurer. | | G. Section 648.387(2), Florida Statutes, which provides, in part, that the primary bail bond agent is responsible for the overall operation and management of a bail bond agency, including the supervision of all individuals working at the agency. COUNT II 15. The above general allegations are realleged and fully incorporated herein by reference, ) 16. On or about November 27, 2013, Star appointed the Respondent to conduct bail bond business through No Limit. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY 17. The Respondent contracted with Star, as follows: PREMIUMS. No credit, as far as the Company is concerned, is to be extended by the Producer for premiums on bonds written, and any renewal thereof, and if any credit is so extended, it shall be for the Producer’s own account and he/she/it shall account for and pay all amounts to the MGA as though said premiums were collected at the time of the writing of the bonds. All premiums collected by the Producer shall be deemed trust funds and shall not be comingled with other funds. The amounts due to the MGA for Company shall be turned over to the MGA within seven (7) business days of the date of execution of the bond(s), 18. From about December 2013 to about June 2014, the Respondent executed approximately four bonds for which she failed to timely forward premium percentages to Star, creating an outstanding balance of $23,445.09. 19. The Respondent was contractually obligated to forward premium percentages within fourteen (14) days of execution of each bond. 20. The Respondent failed to forward the required premium percentage payments to Star. 21. As of the date of filing of this Administrative Complaint, the Respondent has an outstanding balance of $23,445.09 for premium percentage payments owed to Star. IT IS THEREFORE CHARGED that the Respondent has violated one or more of the following provisions of the Florida Statutes, which constitutes grounds for the suspension or revocation of her license as a limited surety (bail bond) agent in the state: A. Section 648.45(2)(g), Florida Statutes, which provides that it is a violation of law for a bail bond agent to engage in fraudulent or dishonest practices in the conduct of business under the license or appointment. B. Section 648.45(2)(h), Florida Statutes, which provides that it is'a violation of law for a bail bond agent to be guilty of misappropriation, conversion, or unlawful withholding of moneys belonging to a surety, a principal, or others and received in the course of business under a license. Cc. Section 648.45(2)(j), Florida Statutes, which provides that it is a violation of law for a bail bond agent to willfully fail to comply with or willfully violate any proper order or rule of the department or willfully violate any provision of chapter 648 or the Florida Insurance Code. D. Section 648.45(2)(1), Florida Statutes, which provides that it is a violation of law for a bail bond agent to demonstrate a lack of good faith in carrying out contractual obligations and agreements. E. Section 648.45(3)(), Florida Statutes, which provides that it is a violation of law for a bail bond agent to violate any law relating to the business of bail bond insurance or violate any provision of the insurance code. F Section 648.45(3)(d), Florida Statutes, which provides that it is a violation of law for a bail bond agent to fail to refuse, upon demand, to pay over to any insurer the bail bond agent represents or has represented any money coming into his or her hands that belongs to the insurer. G. Section 648.387(2), Florida Statutes, which provides, in part, that the primary bail bond agent is responsible for the overall operation and management of a bail bond agency, including the supervision of all individuals working at the agency. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY WHEREFORE, the Respondent is hereby notified that the Chief Financial. Officer, through his designee, intends to enter an Order suspending or revoking her licenses and appointments as a limited surety (bail bond) agent, and impose such penalties as may be provided under the provisions of sections 648.387, 648.45, 648.49, 648.50, 648.51, 648.52, 648.53 and 648.571, Florida Statutes, and under the referenced sections of the Florida Statutes as set out in this. Administrative Complaint. The Respondent is further notified that any order entered in this case revoking or suspending any license or eligibility for licensure held by the Respondent shall also apply to all other licenses and eligibility held by the Respondent under the Florida Insurance Code. th DATED and SIGNED this _‘[o" day of Vember 2015, Gregory Thomas’ Director, Agent & Agency Services ’ REMAINDER OF PAGE LEFT BLANK INTENTIONALLY NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department pursuant to sections 120.569 and 120.57, Florida Statutes, and Rule 28-106, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of her receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with Julie Jones, DFS Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. Her written response must be received by the Department no later than 5:00 p.m. on the twenty-first day after her receipt of this notice. Mailing the response ‘on the twenty-first day will not preserve her right to a hearing. ‘FAILURE TO ENSURE THAT YOUR WRITTEN RESPONSE IS RECEIVED BY THE DEPARTMENT WITHIN TWENTY-ONE (21) DAYS OF HER RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE > MATTERS ALLEGED HEREIN AND A FINAL ORDER OF SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-106.2015, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements, Specifeally, ¥ your 7 response must contain: (a) The name, address, and telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent"). (b) The name, address, telephone number, facsimile number of the attorney or | qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. (c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. (d) A statement of when the respondent received notice of the administrative complaint. | | (e) A statement including the file number of the administrative complaint. Ifa hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at her expense, to present evidence and argument, to call and cross- examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. | | If a proceeding is requested and there is no dispute of material fact, the provisions of section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon her request. . However, if you dispute material facts which are the basis for the Department’s action, oes YOU-MUst request .an.adversarial_proceeding-pursuant-to.sections.1 20.569.and.120.57(1), Florida... Statutes. These proceedings are held before a State Administrative Law Judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. Failure to follow the procedure outlined with regard to her response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered free form agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you during the time frame in which you have to request a hearing. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Amended Administrative Complaint and Election of Proceeding has been furnished to: Virginia Redding, ‘210 Kirkman Road, Orlando, Florida, 32811-1102, by Certified Mail this Lgtay of Nove mber » 2015, April Johnson. Florida Department of Financial Services 9800 4" Street North Suite 110 : St. Petersburg, Florida 33702 (727) 563-1150 10 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: VIRGINIA D. REDDING CASENO.; 150591-14-AG ELECTION OF PROCEEDING T have received and have read the Administrative Complaint filed by the Florida Department of Financial Services ("Department") against me, including the Notice of Rights contained therein, and I understand my options. I am requesting disposition of this matter as indicated below. (CHOOSE ONE) : : 1] I do not dispute any of the Department’s factual allegations and I do not desire a hearing. I understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my licenses and appointments as may be appropriate, 2. , 1 do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with Section 120.57(2), Florida Statutes. In this regard, I desire to (CHOOSE ONE): {] Submit a written statement and documentary evidence in lieu of a hearing; or [} Personally attend a hearing conducted by a department hearing officer in Tallahassee; or {) Attend that same hearing by way of a telephone conference call. 3.[] I do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to Section 120,57(1), Florida Statutes, to be held before the Division of Administrative Hearings, I have attached to this election form the information required by Rule 28-106.2015, Florida Administrative Code, as specified in - subparagraph (c) of the Notice of Rights. Specifically, I have identified the disputed issues of material fact. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M, ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. - The address for filing is: Julie Jones, DFS Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. Signature - a . Print Name sean ne . . Date: Address: Date Administrative Complaint Received: Tf you are represented by an attorney or qualified PhoneNo: representative, please attach to this election form his or her name, address, telephone and fax numbers Fax No.: 11

Docket for Case No: 16-000852PL