Loading...
2023-07-11 VIII. G. Exhibit 11 Exhibit 11 VIII. G. Exhibit #11 Case #230526013 Middlesex Insurance Company Exhibit 11 Code Enforcement Hearing July 11 , 2023 Case Number, Name and Address: Case#230526013, Middlesex Insurance Company, 1800 North Point Dr., Stevens Point, WI. 54481 Code Section Violated Description of Violation Chapter 50, Sections 50-36 Issuance of local Not renewing their local business tax receipt(BTR) by business tax, 50-43 Penalties for violation of local October 1, 2022 and engaging in business without first business tax regulations having procured an active local BTR from the City of Okeechobee.Total amount due is$381.25. Photos: See attached Is respondent a Repeat Violator? No Summary: • The City communicated with the respondent on the below occasion(s). Date of notice Type of notice Received Date by received/returned March 14, 2023 Delinquent Letter mailed via USPS certified return receipt Colleen March 20, 2023. Grender April 19, 2023 Code Officer Curl verified with Ashley,the City's BTR Specialist that the BTR has not been paid. May 25,2023 Code Officer Curl verified with Melissa, the City's Account Supervisor that the BTR has not been paid. May 26,2023 SOV/NOH and Delinquent Letter mailed via USPS certified return receipt to the Agent of Record and the business address for the July 11th Hearing. Received by Linda Yang on June 5,2023.Received by Agent of Record,Sarah Blocker on June 13,2023. June 21, 2023 Received letter from Lauren Anderson, Associate Financial Analyst with Sentry Insurance stating that Middlesex Insurance Company does not or have any prior or current physical presence, on either a permanent or temporary basis, located in the City of Okeechobee. Further, all insurance operations related to insurance policies covering risks located within the City of Okeechobee(to the degree any are present)are processed and administered elsewhere in Florida or Wisconsin and request to rescind the local Business Tax invoices and close the accounts as applicable, as they do not anticipate any changes to their business operations which would generate sufficient nexus in our jurisdiction for future periods. Business in compliance, case closed. June 21,2023 Letter forwarded to Business Tax Receipt department for processing. June 30, 2023 Compliance Letter mailed via USPS regular mail. City Recommendation: The City recommends no action on this matter, but request it be noted for the record to have been in violation of Chapter 50, Sections 50-36 Issuance of business tax and 50-43 Penalties for violation of local business tax regulations. Chronology attached Page 1 of 1 Case #230526013; Middlesex Insurance Company Exhibit 11 Date Event/Document March 8, 2023 Business name: Middlesex Insurance Company Business Registered Agent: Chief Financial Officer, 200 E. Gaines St, Tallahassee, FL. 32399 Secretary: Raina M. Zanow, 1800 North Point Drive, Stevens Point, WI. 54481 Chairman of the Board: Peter G. McPartland, 1800 North Point Drive, Stevens Point, WI. 54481 President: Scott A. Miller, 1800 North Point Drive, Stevens Point, WI. 54481 Vice President: Michael J. Williams: 1800 North Point Drive, Stevens Point, WI. 54481 Treasurer: Todd M. Schroeder, 1800 North Point Drive, Stevens Point, WI. 54481 Director: James E. McDonald, 1800 North Point Drive, Stevens Point, WI. 54481 Secretary: Timothy K. Kovac, 1800 North Point Drive, Stevens Point, WI. 54481 Business address: 1800 North Point Drive, Stevens Point, WI. 54481 Mailing address: 1800 North Point Drive, Stevens Point, WI. 54481 The business is in violation of Code of Ordinances Chapter 50, Sections 50-36 Issuance of local business tax, 50-43 Penalties for violation of local business tax regulations for not renewing their local business tax receipt (BTR) by October 1, 2022 and engaging in business without first having procured an active local BTR from the City of Okeechobee. Total amount due is $381.25. March 14, 2023 Delinquent Letter mailed via USPS certified return receipt. Received by Colleen Grender on March 20, 2023. April 19, 2023 Code Officer Curl verified with Ashley, the City's BTR Specialist that the BTR has not been paid. May 25, 2023 Code Officer Curl verified with Melissa, the City's Account Supervisor that the BTR has not been paid. May 26, 2023 SOV/NOH and Delinquent Letter mailed via USPS certified return receipt to the Agent of Record and the business address for the July 11th Hearing. Received by Linda Yang on June 5, 2023. Received by Agent of Record, Sarah Blocker on June 13, 2023. June 21, 2023 Received letter from Lauren Anderson, Associate Financial Analyst with Sentry Insurance stating that Middlesex Insurance Company does not or have any prior or current physical presence, on either a permanent or temporary basis, located in the City of Okeechobee. Further, all insurance operations related to insurance policies covering risks located within the City of Okeechobee (to the degree any are present) are processed and administered elsewhere in Florida or Wisconsin and request to rescind the local Business Tax invoices and close the accounts as applicable, as they do not anticipate any changes to their business operations which would generate sufficient nexus in our jurisdiction for future periods. Business in compliance, case closed. June 21, 2023 Letter forwarded to Business Tax Receipt department for processing. June 30, 2023 Compliance Letter mailed via USPS regular mail. Page 1 of 1 Exhibit 11 DIVISION OF CORPORATIONS l/ rg Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Profit Corporation MIDDLESEX INSURANCE COMPANY Filing Information Document Number 800979 FEI/EIN Number 04-1619070 Date Filed 10/13/1917 State MA Status ACTIVE Last Event EVENT CONVERTED TO NOTES Event Date Filed 09/09/1976 Event Effective Date NONE Principal Address 1800 NORTH POINT DRIVE STEVENS POINT, WI 54481 Changed: 03/15/2007 Mailing Address 1800 NORTH POINT DRIVE STEVENS POINT, WI 54481 Changed: 03/17/2008 Registered Agent Name&Address CHIEF FINANCIAL OFFICER 200 E. GAINES ST TALLAHASSEE, FL 32399-0000 Name Changed: 03/17/2003 Address Changed: 04/01/2014 Officer/Director Detail Name&Address Title Asst. Secretary Exhibit 11 ZANOW, RAINA M 1800 NORTH POINT DRIVE STEVENS POINT, WI 54481 Title CHAIRMAN OF THE BOARD MCPARTLAND, PETER G 1800 NORTH POINT DRIVE STEVENS POINT, WI 54481 Title President Miller, Scott A. 1800 NORTH POINT DRIVE STEVENS POINT, WI 54481 Title Director, VP WILLIAMS, MICHAEL J 1800 NORTH POINT DRIVE STEVENS POINT, WI 54481 Title Treasurer, Director Schroeder,Todd M 1800 NORTH POINT DRIVE STEVENS POINT, WI 54481 Title Director McDonald, James E. 1800 NORTH POINT DRIVE STEVENS POINT, WI 54481 Title Secretary Kovac,Timothy K 1800 NORTH POINT DRIVE STEVENS POINT, WI 54481 Annual Reports Report Year Filed Date 2021 01/11/2021 2022 01/24/2022 2023 01/18/2023 Document Images 01/18/2023—ANNUAL REPORT View image in PDF format 01/24/2022—ANNUAL REPORT View image in PDF format 01/11/2021--ANNUAL REPORT View image in PDF format Exhibit 11 .„,. -1' t� Ff. � `� City of Okeechobee Code Enforcement 50 SE 2nd Ave. Okeechobee, Florida 34974 (863)763-9795 March 08, 2023 MIDDLESEX INSURANCE CO MIDDLESEX INSURANCE INS CO 1800 NORTH POINT DRIVE STEVENS POINT, WI 54461 RE: Delinquent Business Tax Receipt - October 1, 2022 - September 30, 2023 License Number: 1914 License Fee: $105.00 Penalties applied: $276.25 Current Amount Due: $381.25 Dear Business Owner, Please be advised that your business tax receipt expired on September 30, 2022, and you are now delinquent. The City Code requires this to be paid on time if you wish to engage in any business in the City of Okeechobee. If your Business Tax Receipt is not brought up to date immediately, you will be scheduled to go before the Special Magistrate at the next scheduled Code Enforcement Hearing and an additional fine of 250.00 will be imposed. Please contact Ashley Weikert, Business Tax Receipt Official at the City of Okeechobee Finance Department immediately to resolve this matter. Payments may be mailed to the City of Okeechobee, Business Tax Receipt, 55 SE 3'Avenue, Okeechobee, Florida 34974. Payments may also be made in person during regular business hours Monday-Friday 8:30 am to 4:30 pm at City Hall, 55 SE 3rd Avenue, Room 102. For businesses holding a State License(s) a copy or copies will need to be included with the payment(s). If you have any question, concerns or if there have been any changes to the business contact Ashley Weikert at (863) 763-9816. Please note that a written notice must be submitted to close any account(s). Sincerely, ,A t 'ht Z Anthony`Smith Code Enforcement Officer Exhibit 11 U.S. Postal Servicenu CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information,visit our website at www.usps.com . Certified Mail Fee I\ Extra Services&Fees(check box,add fee as appmpdate) ❑Return Receipt(hardcapy) $— a ❑Return Receipt(electronic) $— ` i�Ht re rk 0 ❑Certified Mail Restricted Delivery $_ ✓ Adult Signature Required $ L l..t r Adult Signature Restricted Delivery$ D Postage LM $ Cr Total Postage and Fees CI 0 .Sty 7.0..` pA r.No oz o. toe '+4 1 ill PS Form 3800,April 2015 PSN 7530.02-000.9047 See Reverse for Instructions Exhibit 11 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Slgnaat " ■ Print your name and address on the reverse Colleen Grender 0 Agent so that we can return the card to you. X Sentry Insurance Co- Addressee ■ Attach this card to the back of the mailpiece, B. Receir .i tep,N ine)nt Dr C.Date of Delivery or on the front if space permits. Stevens Point,WI 5 44'v dress different from Item 1? ❑Yes Middtesex Insurance CO I.delivery address below: ❑No • 18 - •-orth Point Drive Ste ,Point, WI 54461 1111E11 0 Adult Signature III I�III�IIII IIII II HINE IIII I III a Aduerlt Sig natums type ❑Reg ty Mall E;erassm ❑Reisterad ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 7731 2152 8519 98 signa ry 0 Certified Mary Certified Mall Restricted Dalivery �Signature ConfirmafionTMr ❑Collect on Delivery '0 Signature Confirmation ? A,-Hrlo N,imhor ITren.sfer from.sarvioa/ahell 0 Collect on Delivery Restricted Delivery Restricted Delivery di 7021 0950 0000 4940 2405 ill Restricted Delivery PS Form 3811,July 2020 PSN 7530-02-000-0053 4 iiornestic Return Receipt nil Exhibit 11 4.9keechobeeCity of Okeechobee Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974 863-763-9795 Phone CODE ENFORCEMENT FOR THE CITY OF 863-763-7804 FAX OKEECHOBEE, FLORIDA Petitioner, vs Date 05/26/2023 Respondent, CASE NO. 230526013 Middlesex Insurance Company STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12, Florida Statutes, and the Code of Ordinances of City of Okeechobee, I (hereinafter the"City of Okeechobee),the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code, as more particularly described herein, and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section:CH. 50, Sections 50-36, 50-43 2. Address and Parcel#where violation exists:1800 North Point Drive, Stevens Point, WI. 54481 3. Name and address of property owner or person in charge of location where violation exists: Scott A. Miller, 1800 North Point Drive, Stevens Point, WI. 54481 4. Description of Violation: Delinquent Business Tax Receipt 5. Date violation must be corrected by j'un 27, 2023 6. Date violation first observed on or aboutl:0/1/22 Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code Inspector to verify compliance,with the Okeechobee City Code Section(s)cited herein,you are hereby called upon to take notice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 1 1 th day July, 2023 at 6:00 P.M.,located at 55 SE 3rd Ave Okeechobee City Hall,Okeechobee Florida 34974 in Council Chambers.The Magistrate will receive testimony and evidence at said Hearing and shall make findings of fact and conclusions of law as are supported by the evidence and testimony,and shall make an order thereupon.You are entitled to be represented by counsel,present evidence,and present testimony.Please be advised that any evidence presented to the Magistrate for his consideration will be retained by Code Compliance Department. If you fail to appear at the hearing the Magistrate may enter an Order of Violation,& impose a fine in your absence. Christina Curl Code Enforcement Officer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will need to ensure that a verbatim record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will be based.Code Enforcement Magistrate tapes are for the sole purpose of back up for the official records of the Code Enforcement Department. In Accordance with Fla.Statute 162.11(2005),an aggrieved party may appeal a final administrative order to the circuit court.Such an appeal shall be filed within 30 days of the execution of the order to be appealed. De acuerdo con la seccion 162.11 de los estatutos de la Florida,un partido que no esta en acuerdo puede apelar una orden administrativa final a la tribunal de circuito.Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. N- NO �= F -X y E �° LiJ F- o , 3 r CL . ¢ 3 W : VN U W N ili . 8 t'l .� G C g a, ' �x a ya,8 O v ti il ,N i Nm TA IICmLL 1 i iv¢ p ` Q C cc 0 2 al d m 2 �¢ . a a zen E LL 8 t/11❑11❑❑❑a Wg' Nr 1 005T 9E T 2000 02L..2 T20L HI N �` c- 3 % of w U a y m '' + 8 •$ _7. az V/ v ❑ N CO 2 d i a s LL 0 �.. U ti a c c° m �z + o a. �� \ (/) �,LI E D Z 3 & Y m o ` m E • U C1 lL 1 g 2 2 U 9¢ $ N - E ". ILL o .wCI❑❑❑❑a 0)2 ),A Fn U a LTST 929T 2000 022..2 T20d. Exhibit 11 COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION _-, ■ Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse X El Agent so that we can return the card to you. / • / 0 Addressee IIAttach this card to the back of the mailpiece, B. Receive•JT r',�yCf�} C"Daie of Deilveiy or on the front if space permits. 40 " ' = • • idr-�.1-rent from item 1? ❑Yes Midtib5ex Insurance Company Sent deIIWl�ytq �b�jpy: ❑No 180C North Point Dr 18Qrth Point Drive Stevens Point, WI 54481 Stevens Point, WI. 54481 3. Service Typo ❑Priority Mail Express® I HIE 1111111111111 UNION'II 0 Adult Signature Iistered Mair4 J A ultflSi Mall®Restricted Delivery 0 Registered etered Mail Restricted ry 9590 9402 7731 2152 8522 23 o Certified Mail Restricted Delivery 9-Signature Confirmation, ❑Collect on Delivery 0 Signature Confirmation 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery n Insured Mail 7021 2720 0002 1826 1517 tall Restricted Delivery 0) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 11 SENDER: CO>�ETE-THTS SECTION COMPLETE THIS SECTIONON DEt1VERY • Complete items 1,2,and 3. A Signature, • Print your name and address on the reverse X j ---2 0 Agent so that we can return the card to you. ❑Addressee IN Attach this card to the back of the mailpiece, B. Received by(Printed Namep _:- C. Date of Delivery or on the front if space permits. 1. Article Addressed to: __ n t� +� 'ddress different from Item 1? l]Yes •delivery address'belbw: 0 No Chief Financial Officer 200 E.-Gaines St - - Tallahsee, FL. 32399 1IIE1111111111111111II'1111'IIii111I III111 v 'rMy ❑Priority Mail all. ❑Adult Signature 0 Registered Mall'"' ❑Adult Signature Restricted Delivery ❑Registered Mall Restricted Q Cert ed Ma e> Delivery 9590 9402 7731 2152 8522 16 • 0 Certified Mall Restricted Delivery 0 Signature Confirmationni 0 Collect on Delivery ' 0 Signature Confirmation 2. Article Number rTrancfer frnm corvine leh,,f ❑comm.nn Delivery Restricted Delivery Restricted Delivery 7021 2720 0002 1526 1500 a all Restricted Delivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt , Exhibit 11 Sentry' June 13, 2023 City of Okeechobee 50 SE 2nd Ave Okeechobee, FL 34974 RE (listed below all are applicable underwriting companies): Sentry Insurance Company EIN 39-0333950 NAIC#24988 Dairyland Insurance Company EIN 39-1047310 NAIC#21164 Dairyland National Ins. Co. EIN 84-2381769 NAIC#16623 Florists' Insurance Company EIN 37-1015625 NAIC#33278 Florists' Mutual Ins. Co. EIN 37-0277830 NAIC#13978 Middlesex Insurance Co. EIN 04-1619070 NAIC#23434 Parker Centennial Assurance EIN 31-0835312 NAIC#71099 Patriot General Insurance Co. EIN 04-2434763 NAIC#23442 Peak Property Insurance Co. EIN 56-1478865 NAIC#18139 Sentry Casualty Company EIN 88-0119246 NAIC#28460 Sentry Life Insurance Co. EIN 39-6040276 NAIC#68810 Sentry Select Insurance Co. EIN 36-2674180 NAIC#21180 Viking Insurance Co.of WI EIN 39-1150917 NAIC#13137 Dear Sir or Madam, In response to the Business Tax Receipt Renewal we recently received. Florida Statutes§§ 205.032 and 205.042 authorize county and municipal taxing jurisdictions to impose a local level business tax for the privilege of engaging in or managing any business, profession,or occupation within their jurisdiction. Per statute and case law, nexus for this tax/license is generally deemed to require a physical presence within the taxing jurisdiction. As imposed on an insurance company, Florida Attorney General Opinions 87-55 and 73-162 have clarified that nexus for these taxes/licenses is based on physical presence. Further, the opinions indicate that such tax/license can be imposed on insurance companies with no physical presence, but only in such rare instances where executive or administrative functions in processing and issuing insurance policies are readily separable from local activities and can be separated from overall business operations, including extraterritorial activities. The companies listed above are domiciled and headquartered in Wisconsin.They do not have any prior or current physical presence, on either a permanent or temporary basis, located in the City of Exhibit 11 , Okeechobee. Further, all insurance operations related to insurance policies covering risks located within the City of Okeechobee (to the degree any are present) are processed and administered elsewhere in Florida or Wisconsin. Based on the facts and operations for the companies referenced above,they do not meet the minimum nexus standard for the Business Tax imposed by the City of Okeechobee. Please rescind the Local Business Tax Invoices and close the accounts as applicable, as we do not anticipate changes to our business operations which would generate sufficient nexus in your jurisdiction for future periods. Please contact me at the below address if you have any additional questions. Thank you for your cooperation and understanding on this matter. Sincerely, Lauren Anderson Associate Financial Analyst Sentry Insurance 1800 North Point Drive Stevens Point,WI 54481 Exhibit 11 /Woo` CO:P City of Okeechobee Code Enforcement 50 SE 2nd Ave. Okeechobee, Florida 34974 (863)763-9795 June 30, 2023 Middlesex Insurance Company 1800 North Point Drive Stevens Point, WI. 54481 Re: Middlesex Insurance Company Case #230526013 Dear Middlesex Insurance Company: On behalf of the City of Okeechobee, we extend our appreciation and sincerest Thank You, for your efforts to bring the above listed business into compliance with City Ordinances with the cancellation of your Business Tax Receipt. The city has a responsibility to ensure that the ordinances enacted for the protection of life, property and for the general improvement of the city are followed by business owners in accordance with the desires of the residents of the community. Your continuing efforts, to obtain a Business Tax Receipt for any future businesses are important to the City of Okeechobee, your neighbors, and fellow citizens. If we can be of any assistance, please do not hesitate to contact us and we can discuss the matter. Again, Thank You for your cooperation, understanding and efforts in assisting with the improvement of the city. Respectfully, Christina Curl City of Okeechobee Code Enforcement Officer 863-763-9795 ccu rl@cityofokeechobee.corn