FILED NOV 14 2000 THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE BILL NELSON IN THE MATTER OF: oO CASE NO.: 37361-00-AG <3 GARY EDWARD PARKER Sia (ood | / 5 | Da on ADMINISTRATIVE COMPLAINT od TO: GARY EDWARD PARKER 1954 Main Street Sarasota, Florida 34236 GARY EDWARD PARKER 2501 Tulip Street Sarasota, Florida 34239 You, GARY EDWARD PARKER, are hereby notified that the Insurance Commissioner of the State of Florida has caused to be made an investigation of your activities while licensed as a bail bond agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 648, Florida Statutes, you, GARY EDWARD PARKER, are currently licensed in this state as a limited surety agent (2-34). 2. Pursuant to Chapter 648, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance license and appointments. 3. At all times relevant to the allegations in this Administrative Complaint, you, GARY EDWARD PARKER, were the President of A-1 Bonding of Florida, Inc., whose corporate address is 1954 Main Street, Sarasota, Florida 34236. 4. At all times relevant to the allegations in this Administrative Complaint, the Vice- President and Treasurer of A-1 Bonding of Florida, Inc. was Thomas M. Parker, who is the brother of you, GARY EDWARD PARKER. ‘S. At all times relevant to the allegations in this Administrative Complaint, the Vice- President and Secretary of A-1 Bonding of Florida, Inc. was Matthew Maddock. COUNT I 6. The above general allegations are hereby realleged and fully incorporated herein by reference. 7. At all times relevant to the allegations in this Administrative Complaint, you, GARY EDWARD PARKER, were doing business as, or on behalf of, a bail bonds business known as A-1 Bonding of Florida, Inc., also known as “A-1 Bail Bonds”, located at 1954 Main . Street, Sarasota, Florida. 8. The address of record filed with the Florida Department of Insurance for you, GARY EDWARD PARKER, is 1954 Main Street, Sarasota, Florida 34236. 9. On or about February 17, 2000, Matthew Maddox contracted on behalf of A-1 Bonding of Florida, Inc. to place an advertisement in the June, 2000 Yellow Pages telephone directory for Hudson, Florida. Under “Listing Information”, the contract indicates “A-1 Bail Bonds of Florida”, with an address of 9511 Gene Street, Hudson, Florida. 10. The advertisement which was published in the Yellow Pages indicates the name “A-I| Bail Bonds”, the telephone number (727) 861-0300, advertises a “Local Agent” in “Hudson, FL”, and indicates, “Also Offices in Sarasota, 1954 Main Street”. No street address is given for the place of business of the “Local Agent” in Hudson, Florida. 11. You, GARY EDWARD PARKER, either knew or reasonably should have known of the publication of the Yellow Pages advertisement referred to above. 12. The “Local Agent” in Hudson is Brenda S. Champion, who represents you, GARY EDWARD PARKER, concerning the business of A-1 Bonding of Florida, Inc. a/k/a “A-1 Bail Bonds” in Hudson. The 9511 Gene Street, Hudson address used in the Yellow Pages listing contract is in fact Ms. Champion’s residential address. A-1 Bonding of Florida, Inc. a/k/a “A-1 Bail Bonds” in fact has no place of business in Hudson. 13. Brenda S. Champion is a licensed limited surety agent, whose address of record with the Florida Department of Insurance is 1954 Main Street, Sarasota, Florida 34236, identical to the address of record for you, GARY EDWARD PARKER. 14. Section 648.34(2)(c), Florida Statutes, provides that a limited surety agent’s place ‘of business will be located in this state and in the county where he or she maintains his or her records and is actively engaged in the bail bond business and maintains an agency accessible to the public which is open for reasonable business hours. 15. Through Brenda S. Champion, you, GARY EDWARD PARKER, were actively engaged in the bail bond business in Hudson, Pasco County, Florida, but failed to there maintain an agency accessible to the public which is open for reasonable business hours. | 16. In addition to Section 648.34(2)(c), Florida Statutes, Rule 4-221.051, Florida Administrative Code, provides in pertinent part as follows: “(1) Each such place of business, and each branch office, shall be in the active full-time charge of a licensed and appointed bail bond agent. (2) Each such place of business and each branch office shall have a separate and distinct entrance easily accessible to the public and used by the bail bond agent in the regular course of their business dealings with the public. Such entrance shall be suitably designated by a sign or other display, readable from a reasonable distance, which provides at a minimum the business name and the name of every individually licensed bail bond agent, and temporary bail bond agent employed at such place. Additionally, ifa bail bond business is located in a building or structure which maintains a uniform office directory on its premises, the directory shall provide at a minimum the current name of that bail bond business.” 17. The 9511 Gene Street, Hudson address for Ms. Champion is not a “branch office” within the intent and meaning of Rule 4-221.051, F.A.C., and there is no other office maintained in Hudson, Florida for that purpose. For the failure to maintain a branch office as described in Rule 4-221.051, F.A.C., you, GARY EDWARD PARKER, violated Rule 4-221.051, F.A.C. IT IS THEREFORE CHARGED that you, GARY EDWARD PARKER, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and appointments: (a) The place of business of the applicant will be located in this state and in the county where the applicant will maintain his or her records and be actively engaged in the bail bond business and maintain an agency accessible to the public which is open for reasonable business hours [Section 648.34(2)(c), Florida Statutes, and Rule 4-221.051, F.A.C.]; (b) Demonstrated lack of fitness or trustworthiness to engage in the bail bond business [Section 648.45(2)(e), Florida Statutes]; (c) Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of the insurance code [Section 648.45(2)(j), Florida Statutes, and Rule 4-221.051, F.A.C.;]; (d) _ Violation of any law relating to the business of bail bond insurance or violation of any provision of the insurance code {Section 648.45(3)(c), Florida Statutes, and Rule 4-221.051, F.A.C.]. WHEREFORE, you, GARY EDWARD PARKER, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your licenses and appointments as a limited surety agent or to impose such penalties as may be provided under the provisions of Sections 648.44, 648.45, 648.49, 648.52, and 648.53, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. NOTICE OF RIGHTS Pursuant to sections 120.569 and 120.57, Florida Statutes and Rule 28-106, Florida Administrative Code (F.A.C.), you have the right to request a proceeding to contest this action by the Department. You may elect a proceeding by completing the attached Election of Rights form or filing a Petition. Your Petition or Election of a proceeding must be in writing and must be filed with the General Counsel acting as the Agency Clerk, Department of Insurance. If served by U.S. Mail the Petition or Election should be addressed to the Florida Department of Insurance at 612 Larson Building, Tallahassee, Florida 32399-0333. If Express Mail or hand delivery is utilized, the Petition or Election should be delivered to 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. The Petition or Election must be received by, and filed in the Department within twenty-one (21) days of the date of your receipt of this notice. YOUR FAILURE TO RESPOND TO THIS ADMINISTRATIVE COMPLAINT WITHIN TWENTY-ONE (21) DAYS WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. Ifa proceeding is requested and there is no dispute of fact the provisions of section 120.57(2), Florida Statutes would apply. In this regard you may submit oral or written evidence in opposition to the action taken by this agency or a written statement challenging the grounds upon which the agency 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 your request. “If you dispute material facts which are the basis for this agency’s action you may request a formal adversarial proceeding pursuant to section and 120.57(1), Florida Statutes. If you request this type of proceeding, the request must comply with all of the requirements of Rule 28- 106, FAC, and contain a) A statement identifying with particularity the allegations of the Department which you dispute and the nature of the dispute; b) An explanation of what relief you are seeking and believe you are entitled to; c) Any other information which you contend is material. These ptoceedings are held before the 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. If you request a hearing, you have the right to be represented by counsel, or other . qualified representative, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf. Pursuant to section 120.573, Florida Statutes, you are hereby notified that mediation is not available. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior correspondence in this matter shall be considered freeform agency action, and no such correspondence shall operate as a valid request for an administrative proceeding. Any request for 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. DATED and SIGNED this_/4*% day of _Movember , 2000. LL NELSON Treasurer and Insurance Commissioner CERTIFICATE OF SERVICE T HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to: GARY EDWARD PARKER, 1954 Main Street, Sarasota, Florida 34236; and GARY EDWARD PARKER, 2501 Tulip Street, Sarasota, Florida 34239, by Certified Mail this_/44* day of Vov ewahe/~ , 2000. Richard M. Ellis Senior Attorney Division of Legal Services 612 Larson Building Tallahassee, Florida 32399 (850) 413-4195

Docket for Case No: 00-004991PL