THE TREASURER OF THE STATE 6F BLORIN ive Y TREASURER AND DEPARTMENT OF INSURANCE vated by COMMISSIONER by: ne Ds ToM GALLAGHER _ INTHE MATTER OF: oe ““CASENO.: 39967-01-AG _ ~ MATILDA M. VATH TO: — MATILDAM.VATH ‘ss Big John’s Bail Bonds 2100 Orient Road Tampa, F Florida 33619 ‘You, MATILDA M. VATH, are hereby notified that the Insurance Commissioner of the _ = this state as a limited surety agent. fl ETS. 6 RGAE 5 8 ~ cine aides kd ae 5 ih il ii ik a i Hl he BE ke oi ea a 2. At all times relevant to the dates and ocourrences referred to herein, you, MATILDA M. ; VATH, were «licensed; in this state as a limited surety agent 3 Pursuant to Ch 7 ter 648, Florida Statutes, the Florida Department of Insurance has : jursditiono over your limited surety license and appointments we : A Ati all times relevant to the dates and. occurrences referred to erin, you, MATILDA M. 2 -VATH, were an officer and director of Big John’s Bail Bonds, a Florida incorporated bail bond agency. couNTI 5. The above general allegations are hereby realleged and fully incorporated herein by reference. . : 6. On or about Novmeber 22, 1999, Augustavo Porro, as * indernnitor, Posted two o surety ae bonds, issued by. American Bankers Insurance e Company, i in athe a amoutit of $1, 000 each, fora total . of $2000. 00, on behal of Defendant Jesse Jar ames Bray who had been arrested, ee 1 Asa 1 condition of F posti the tons, Augstavo “Porto entered into a contingent promissory note with | “American Bankers Insurance ‘Company. ‘through Big John Bail ‘Bonds, promising to indemnify American. Bankers and Big Sohn Bail Bonds with the sum of $2,500.00 to Aphis re aware of ; - i were forfeited. On or about April 15, 2000, you, MATILDA M. VATH, or someone under your ATILDA M. VATH, or , rr EE IEE OS CEE RE RR ci BA lente A ar SE = peak il i a ii Hl, ili ik ll A i ek i ki A aR a MR bs Be GER ‘he terms of the above mentioned promissory note. : of $2, 804. 00, all i in violation of the law. “ oe direct supervision and control, demanded that Augustavo Porro pay the sum of $2, 804 pursuant to _«, under ‘your direct supervision and control, misrepresented to Augustavo Porro that an additional . : $304 was 3s due. Augustavo Porro paid the $2, 0d to > Big John Bail Bonds of which, only $2000 was remitted to the Circuit Court. 9. After the bond was discharged on or about June 22, 2000, you, MATILDA M. VATH, ~ did fail to timely remit to Augustavo Porro, as indemnitor for Jesse James Bray, the cash collateral - 10. . You, MATILDA M. ‘VATH, have ve misappropriated, converted ¢ or - wrongfully withheld “© fiduciary funds belonging to Augustavo Porro. te “You, ‘MATILDA M. VATH, have charged Augustavo ‘Porro a prohibited fee in — violation of Rule 4-221. 105, Florida Administrative Code. ; a 1s “THEREFORE CHARGED that you, MATILDA M. ATH, have violated ¢ or are 7 accountable under one or more of the following} provisions of the Florida Insurance Code and Rules same to the ins a Statutes]; You, MATI DA M. VATH, or or someone — sec bal he i aa i ke i i a i i el Ni il A Ll. 0° Collateral security or ‘other indemnity seeped by. a bail ‘bond agent, except | a vat promissory note or an indemnity agreement, shall ben returned upon final termination of liability or on the bond. [Section 648.442(1 )s Florida Statutes]; (©) When the obligation of the surety on the bond or bonds has been released in coe writing byt the « court, “the lateral shall be ‘returned to the rightful owner named in 1 the collateral oh receipt unless another r disposition is provided for by legal assignment of the right to receive the collateral toanoterpe person. {Section 648. 4a2(4), FiGrida S Statutes); on ~~ The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code. for any of the Following causes: [Sestion 648. 450) Florida Statutes]: — use, or intended use, of the license 0} ppointment to circumvent any of , ibitions of thi hapter 0 or the insurance ‘code, “[Section 648 450K, Florida Statutes]; <3) Demonstrated lack of fitness or trustworthiness to engage in the bail bond : to é age in the transactions authorized by the license or appointment. {Section 648. ASN, the license or (i) "Misappropriation, conversion, or ‘unlawful withholding of moneys - belonging to a surety, a Principal, 0 or thers and received in 1 the conduct of business under a license. [Section - 648. 450), Florida Siatutes) a ; willful failure to comply with or willful violation of any proper order or rule of SS the department or - willful violation 1of ‘any provision nof this chapter o or the i insurance code. [Section “ 648. 45(2)(), Florida Statutes}; () “Demonstrated lack of f good faith i in carrying out contractual obligations and yo ‘agreements. [Section 648.45(2)(1), Florida Statutes]; ad The department may deny, suspend, revoke, or refuse to renew any license or appointment is issued under this chapter or the insurance code, or it may suspend or revoke the . _ eligibility of ar ‘any person to o hold a license or appointment under this chapter or the i insurance cde for any violation of the laws of this state relating | to bail o or “any y violation of the insurance code or for any © the following cau (m) Violation of any law relating to the business of bail bond insurance or violation 4, ¢ of any provision of the insurance code. [Section 648. 45(3)(c), Florida Statutes]; eked «Rial ak 3 WHEREFORE, you, “MATILDA M. “VATH, are ¢ ‘hereby notified that’ the Treasurer and ns ance Commissioner intends to enter an n Order - revoking your license and appointments asa : . limited. surety agent or to impose “such “penalties a as may be provided under the provisions of Sections 48.45, 648.4 46, 648. 49, 648. 50, 648. 52, ‘and 648. 53, lord Situs, and under the other ie referenced sections of the Florida Statutes, ~ AdministrativeComplaint. NOTICE OF RIGHTS . Pursuant to Sections 120: 569 and 120. 57, Florida Statutes and Rule Chapters and 28-106, _ Flo id Admi nistrative e Code (A AC.) ou have « a | right to request a a proceeding to contest t this Rights form or filing a Petition. “Your Petition ¢ or - Election of a ‘proce seding 1 must be i in writing and -. must be filed with the General Counsel acting as the Agency Clerk, Department of Insurance. If eee served by U. s. Mail the Petition or Election should be addressed to the Florida Department of Instranice at 1612 Larson Building, Tallahassee, Florida 32399-0333. If If Express Mail or hand delivery is un, the Petition or Elect : Gaines Street. Tallahassee, filed: in the Department within twenty-one @ 1) days of the date of your rreeipt of this notice. procedures, and 1 rules as set forth in 1 this Amended action by he Deparment. You may elect a proceeding by competing, the attached Election of | i OT TER TY ETI OBESE ee Cee ee ald be delivered to 612 Larson 1 Building, 200 Fast : Florida 323 99-0333. The Petition or Election must be received dby.a and hearing is necessary one will be conducted in Tallahassee, Florida or by telephonic conference call upon - your request. lf ‘you dispute material facts which a are e the basis for this agency s action you may request a formal ial proceeding pursuant to Section 120 569 and 120. 57(1) Florida Statutes. if you request his typ of proceeding, the 1 request must ‘comply wi all of the requirements of of Rule le Chapter 28- 106, F. A. C. -. and contain | ~a) A statement identifying with particularity the allegations of the Department ‘which you dispute a and then nature c of dispute; _ © Bb) An exp ation of what relief you are seeking and believe you are entitled to to; c) Any other information which you contend is material. “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 shall ° ratea as ava id request or an: ministrative proceeding, Any action, andn no tel ak ii a ii id, ld i i lB eb ea BR ESL a he ell CR Rl EE 5 RR Rae, RR I i REE Soon ESSERRESS SS KENNEY SHIPLEY Deputy Insurance Commissioner _STATE OF. FLORIDA. DEPARTMENT OF INSURANCE ~. INTHE MATTER OF: “MATILDAM.VATH ~ CASENO.: 39967-01-AG~ indicated below. (Choose one) 1. T ] Ido not desire a » proceeding, , The Department may ente Ta a final order revoking my Heense(s). + ae I dot not ot dispute any y of the De; artment's factual alleg tions: and I hereby elect an oes informal proceeding to be conducted in accordance with section 120.57(2), Florida ; Statutes. In this regard I desire to (Choose one): ees DEPARTMENT OF INSURANCE AT «© THE ADDRESS INDICATED IN ; - _ THE NOTICE OF RIGHTS. Phone: a oe Mp trcnyt ooo orp CERTIFICATE OF SERVICE were I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE Ss k COMPLAINT has been furnished to: MATILDA M. VATH, at 6244 Cottonwood Lane, Apollo Beach, k Florida 33572 and Big Johns Bail Bonds, 2100 Orient Road, Tampa, Florida 33619, by Certified Mail : this 10th day of_apri1 , 2001. t ' ; i ‘allahassee, Florida 32399 (850) 413-4125 ae Attorney for Department b E :

Docket for Case No: 01-002438PL

Orders for Case No: 01-002438PL