Division of Administrative Hearings, Florida
Latest Update: Oct. 30, 1990
Whether Respondent's license as a Limited Surety Agent should be revoked, or the licensee otherwise disciplined, for alleged violations of Chapter 648, Florida Statutes, as set forth in the Administrative Complaint, dated July 7, 1981. This case was filed with the Division of Administrative Hearings on August 10, 1981. In view of the fact that the Administrative Complaint included a charge dealing with the same incident recited in a previously filed case by the same Petitioner against Bonnie Louise Sponheim, DOAH Case No. 81-1711, the cases were consolidated for the purposes of hearing pursuant to Rule 28-5.106, Florida Administrative Code, by Order issued August 17, 1981, and Notice of Hearing was issued for October 8, 1981. The hearing was continued upon the request of Respondents to await the outcome of a pending judicial appeal of a criminal conviction of Respondent James L. Sponheim, in the County Court of Pasco County. Subsequently, Respondent Bonnie Louise Sponheim filed a motion to sever her case and proceed to hearing as soon as possible. The motion was granted, and her case was noticed for hearing on February 17, 1982. At the commencement of that hearing, Respondent filed a motion for continuance, based on substitution of counsel. The motion was granted, subject to reconsolidation of the two cases in order to prevent multiple hearings. Final hearing was then set in the consolidated cases for April 16, 1982. At the conclusion of Petitioner's case, Respondent James L. Sponheim moved to dismiss Paragraph 4 of Count I of the Complaint because no evidence had been presented that Respondent had refused to return a premium and/or collateral to Stephen W. Sissitka. The motion was granted. After all evidence had been presented, Petitioner dismissed Count II of the Administrative Complaint against Respondent James L. Sponheim, and also dismissed the following portions of counts which had alleged violation of departmental rules, but failed to specify the rule alleged to have been violated: Count III(d) and Count IV(e). The remaining viable counts of the Complaint can be summarized as follows: That Respondent directed or permitted an unlicensed person to surrender a person who had been bonded by Respondent in violation of Chapter 648, Florida Statutes, and Rule 4-1.06, Florida Administrative Code. Counts III, V, VII, IX, XI, XIII, XV, XVII, XIX, and XXI. These counts involve allegations that Respondent James L. Sponheim solicited bail bond business of various students of St. Leo College in or about the Pasco County Detention Center, Dade City, Florida, in violation of subsection 648.44(1)(b), Florida Statutes, which thereby warranted disciplinary action under subsections 648.45(1)(b),(f), and (j), Florida Statutes. Counts IV, VI, VIII, X, XII, XIV, XVI, XVIII, XX, and XXII. These counts allege that Respondent James L. Sponheim suggested or advised the employment of an attorney to the various students alleged in the other counts in violation of subsections 648.44(1)(a) and (b), Florida Statutes, which thereby warranted disciplinary action pursuant to subsections 648.45(1) and (j), Florida Statutes. At the hearing, the parties stipulated that Counts III through XXII will be determined upon the basis of the testimony of witnesses at a criminal trial of Respondent in the Pasco County Court, Case No. 800995MMAES, on February 13, 1981. No documentary evidence was received at that trial. The stipulation was accepted and thereafter the trial transcript was submitted to the Hearing Officer to be used in lieu of live testimony at the hearing. (Hearing Officer's Exhibit 1) Findings of Fact and Conclusions of Law on the above-mentioned counts are based solely upon the said transcript. The parties agreed that the statutory period for rendition of a Recommended Order in the consolidated cases would be waived for a reasonable time in the discretion of the Hearing Officer. Post-hearing submissions by the parties have been fully considered and those portions thereof not adopted herein are deemed to be unnecessary, irrelevant, or unwarranted in fact or law.Recommend dismissal of complaint. Respondent did not violate statutes concerning surety. No evidence supported these allegations.