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DEPARTMENT OF FINANCIAL SERVICES vs STEVE TORRES, 05-002322PL (2005)

Court: Division of Administrative Hearings, Florida Number: 05-002322PL Visitors: 11
Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: STEVE TORRES
Judges: STUART M. LERNER
Agency: Department of Financial Services
Locations: Tallahassee, Florida
Filed: Jun. 28, 2005
Status: Closed
Recommended Order on Monday, November 21, 2005.

Latest Update: Oct. 10, 2019
Summary: Whether Respondent's temporary bail bond agent license should be revoked based upon his no contest plea in Dade County Circuit Court Case No. 95-1792, as alleged in the Administrative Complaint issued against him.Respondent`s temporary bail bond agent license should be revoked based on the Respondent`s no contest plea to a felony, notwithstanding that the plea was entered prior to licensure and that Respondent acknowledged the plea on his license application.
05002322_282_10102019_14272774_e

FLORIDA

DEPARTMENT OF

FINANCIAL SERVICES


TOM GALLAGHER

CHIEF FINANCIAL OFFICER STATE OF FLORIDA

01989


FILED

DEC 15 811


IN THE MATTER OF: STEVE TORRES

UOlalld by· .

CASE NO: 81323-05-AG

!


FINAL ORDER


THIS CAUSE crune on for consideration and final agency action. On June 7, 2005, an Administrative Complaint was filed by the Florida Department of Financial Services (hereinafter referred to as the "Department"), charging the Respondent, Steve Torres, (hereinafter sometimes referred to as the "Respondent"), with committing various violations of the Florida Statutes by failing to meet the qualifications for a temporary limited surety agent's license due to his prior criminal history. The Respondent timely filed a request for a proceeding pursuant to Section 120.57(1), Florida Statutes. Subsequently, a hearing was conducted, pursuant to Section 120.57(1), Florida Statutes, on October 5, 2005 before Stuart M. Lerner, Administrative Law Judge, Division of Administrative Hearings.

After consideration of the evidence, argument and testimony presented at hearing, the Administrative Law Judge issued his Recommended Order on November 21, 2005. (Attached as Exhibit A). The Administrative Law Judge recommended that the Department enter a final order finding that the Respondent is not qualified to hold a temporary bail bond agent license due to his prior criminal history and revoking Respondent's license(s) and eligibility for licensure in the State of Florida. Neither party filed exceptions to the Recommended Order. Therefore, upon careful


Filed October 10, 2019 2:27 PM Division of Administrative Hearings

consideration of the record, the submissions of the parties and being otherwise fully advised in the premises, it is ORDERED:

  1. The Findings of Fact of the Administrative Law Judge are adopted in full as the Department's Findings of Fact.

  2. The Conclusions of Law of the Administrative Law Judge are adopted in full as the Department's Conclusions of Law.

  3. The Administrative Law Judge's recommendation that the Department enter a Final Order finding that Respondent is not qualified to hold a temporary bail bond agent license and revoking Respondent's license(s) and eligibility for licensure in the State of Florida is approved and accepted as being the appropriate disposition of this case.

ACCORDINGLY, it is ORDERED that Respondent's, STEVE TORRES' license(s) and eligibility for licensure are hereby REVOKED effective immediately upon issuance of the Final Order. Pursuant to Section 648.50(1), Florida Statutes, the revocation of Respondent1s license(s) and eligibility for licensure is applicable to all licenses and eligibility held by Respondent under the Florida Insurance Code. Pursuant to Section 648.50(3), Florida Statutes, the Respondent shall not be employed by any bail bond agent, have ownership interest in any business involving bail bonds, or have any financial interest of any type in any bail bond business during the period of revocation.

Pursuant to Section 648.49(2), Florida Statutes, the Respondent may not apply for another license issued under Chapter 648, Florida Statutes.

NOTICE OF RIGHTS


Any party to these proceedings adversely affected by this Order is entitled to seek review of this Order pursuant to Section 120.68, Florida Statutes, and Rule 9.110, Florida Rules of Appellate Procedure. Review proceedings must be instituted by filing a Notice of Appeal with the General

Counsel, acting as the agency clerk, at 612 Larson Building, Tallahassee, Florida 32399-0333, and a copy of the same and the filing fee with the appropriate District Court of Appeal within thirty (30) days of the rendition of this Order. .

DONE and ORDERED this y . 2005.



Deputy Chief Financial Officer


COPIES FURNISHED TO:


Stuart M. Lerner Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550


Steve Torres

8735 Southwest 152nd Street Apartment 294

Miami, Florida 33193


David J. Busch, Esquire Department of Financial Services 612 Larson Building

200 East Gaines Street Tallahassee, Florida 32399


Angelique Knox, Qualified Representative Department of Financial Services

612 Larson Building 200 East Gaines Street

Tallahassee, Florida 32399


Docket for Case No: 05-002322PL
Issue Date Proceedings
Oct. 10, 2019 Agency Final Order filed.
Nov. 21, 2005 Recommended Order cover letter identifying the hearing record referred to the Agency.
Nov. 21, 2005 Recommended Order (hearing held October 5, 2005). CASE CLOSED.
Nov. 17, 2005 Petitioner`s Proposed Recommended Order filed.
Nov. 03, 2005 Transcript filed.
Oct. 24, 2005 Letter to Judge Lerner from S. Torres stating proposed recommenation filed.
Oct. 20, 2005 Deposition of Steve Torres filed.
Oct. 20, 2005 Notice of Filing Deposition filed.
Oct. 11, 2005 Final Order filed.
Oct. 05, 2005 CASE STATUS: Hearing Held.
Oct. 05, 2005 Petitioner`s Hearing Exhibits filed (with Judge at hearing).
Sep. 23, 2005 Amended Notice of Submission of Names of Witnesses and Exhibits filed.
Sep. 23, 2005 Petitioner`s Notice of Taking Deposition by Telephone filed.
Sep. 23, 2005 Motion to Appear as Qualified Representative filed.
Sep. 23, 2005 Notice of Substitution of Counsel (filed by D. Busch).
Sep. 07, 2005 Order Granting Motion to Compel Respondent`s Attendance at Deposition and Denying Sanctions.
Aug. 26, 2005 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 5, 2005; 9:30 a.m.; Tallahassee, FL).
Aug. 25, 2005 Letter to Beverly from H. Mann enclosing note and attachments as discussed in phone conversation filed.
Aug. 23, 2005 Notice of Appearance as Co-counsel (filed by D. Busch).
Aug. 18, 2005 Petitioner`s Motion to Compel Respondent`s Attendance at Deposition, for Sanctions, and for Continuance of the Hearing Date filed.
Aug. 16, 2005 Notice of Attempted Conference Pursuant to Order of Pre-hearing Instructions filed.
Aug. 11, 2005 Notice of Submission of Names of Witnesses and Exhibits filed.
Aug. 11, 2005 Department of Financial Services` Notice of Taking Deposition filed.
Jul. 15, 2005 Order of Pre-hearing Instructions.
Jul. 15, 2005 Notice of Hearing (hearing set for August 31, 2005; 9:30 a.m.; Tallahassee, FL).
Jul. 08, 2005 Petitioner, Department of Financial Services` Amended Response to Initial Order filed.
Jul. 06, 2005 Petitioner, Department of Finanical Services` Individual Response to Initial Order filed.
Jun. 29, 2005 Initial Order.
Jun. 28, 2005 Administrative Complaint filed.
Jun. 28, 2005 Election of Proceeding filed.
Jun. 28, 2005 Agency referral filed.

Orders for Case No: 05-002322PL
Issue Date Document Summary
Dec. 15, 2005 Agency Final Order
Nov. 21, 2005 Recommended Order Respondent`s temporary bail bond agent license should be revoked based on the Respondent`s no contest plea to a felony, notwithstanding that the plea was entered prior to licensure and that Respondent acknowledged the plea on his license application.
Source:  Florida - Division of Administrative Hearings

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