_INTHE MATTER OF: meurgsss COMMISSIONER TOM GALLAGHER CASE NO.: 35315-00-AG / OI- BSB ~ ADMINISTRATIVE COMPLAINT i " JERLDON CURTIS BOATRIGHT JERLDON CURTIS BOATRIGHT 1340 Orient Road Tampa, FL 33619-3328 JERLDON CURTIS BOATRIGHT 1345 Faulkenburg Road Tampa, FL 33619-0945 You, JERLDON CURTIS BOATRIGHT, 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, JERLDON CURTIS BOATRIGHT, currently the holder of a limited surety agent license (2-34). 2. Pursuant to Chapter 648, Florida Statutes, the Florida Department of insurance has jurisdiction over your insurance license and appointments. + i “Florida, located at 1345 Faulken COUNT 3. The above general allegations are hereby realleged and fully incorporated herein by reference. 4. At all times relevant to the allegations i in this Administrative Complaint, you, JERLDON CURTIS BOATRIGHT, have been doing business as, or on behaif of, a | bail bonds business known as Bill Dye Bail Bonds, which has an office ices, Tampa, rien Road, Tampa, Florida. 5. You, JERLDON CURTIS BOATRIGHT, did place or caused to be placed an advertisement for Bill Dye Bail Bonds in the October 1998 GTE Yellow Pages telephone directory for the Tampa, Florida area. 6. The advertisement that you, JERLDON CURTIS BOATRIGHT, did place or caused to be placed for October 1998 GTE Yellow Pages telephone directory failed to include the address of record filed with the Department. 7. On or about January, 2000, you, JERLDON CURTIS BOATRIGHT, did ; maintain a large sign out side the 1340 Orient Road office of Bill Dye Bail Bonds, which read “Bail Bonds” and provided two telephone numbers in large letters that were not clearly visible from a reasonable distance. The sign had the name of the agency, “Bill Dye’, affixed to the bottom corner of the sign in smaller black stick-on letters that were too small to be visible from a reasonable distance. The sign also did not did not provide, 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. 8. On or about January, 2000, you, JERLDON CURTIS BOATRIGHT, did ' maintain a bail bond agency branch office that was not suitably designated by a sign or agent, and temporary bail Pond | agent employed at such place other display, was not readable from a reasonable distance, and which did not provide at a minimum the business name and the name of every individually licensed bail bond Lae Sg ITIS THEREFORE CHARGED that you, JERLDON CURTIS BOATRIGHT. eve. ‘violated or are accountable under the fol ‘Code and Rules of the Departme “suspension or revocation of your li (a) Any permissible advertising bya bail bond agent or agency must include the address of record filed with the department. [Section 648. 44(7), Florida Statutes] (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 this code. [Section 648.45(2)()), Florida Statutes} (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]. © (e) Being found to be a source of injury or loss to the public or detrimental to the - public interest or being found by the department to be no longer carrying on the bail bond business in good faith. [Section 648.45(3)(e), Florida Statutes]; (f) 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 ees aa a ta ail a el 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]; ' 4-221.051 Actively Engaged i in Business: Place ® Suitably Designated: Accessible to Public. {g) Section 648.34(2)(c), Florida Statutes, is interpreted to mean that every bail bond agent be actively engaged i in 1 that business; ‘that a place of business suitably, designated as such must be maintained open and accessible to the public to render service during reasonable business hours. ..(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 i 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. [Rule 4-221.051, Florida Administrative Code} WHEREFORE, you, JERLDON CURTIS BOATRIGHT, 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 Compiaint. NOTICE OF RIGHTS Pursuant to Sections 120.569 and 120.57, Florida Statutes and Rule 28-1 06, Florida Administrative Code (F.A.C.), you have a right to request a proceeding to oe et i ili 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 rs Tallahassee, Florida 32399-0333. if Express Mail or hand delivery i is utilized, the *.sses cer" Wa " Street, Tallahassee, : , Dep ment fe) nsurance, If served by U.S. Mail the Petition or Election Agency C should be addressed to the Florida Department of Insurance at 612 Larson Building, Petition or Election should be delivered to 612 Larson Be jilding, 200 East Gaines, " 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. © If a 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 ora written statement challenging the grounds upon which the agency has relied. While a hearing is L 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 Sections 120.569 and 120.57(1), entitled to; "Florida Statutes, if you request t this type of proceeding, the request must comply with "all of the requirements of Rule 28- 106, F A.C. and contain a) A statement identifying with particularity the allegations o of the ee * Depaitment which you ‘dispute | and the nature of the dispute; b) An explanation of what relief you are seeking and believe you are 4 i c) Any other information which you contend is material. . _ These Proceedings are held before a State admin tr idge of the Division of ‘ «Administrative Hearings. Unless the majority of witnesses are located els elsewhere the “Department will request that the hearing be conducted i in Tallahassee. If a hearing is requested, you have the right to be represented by counsel, or other qualified representative, to take testimony, to call and to 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. i 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 14 day of debvuaaye, 2001. Deputy Insurance Commissioner _ CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to: JERLDON CURTIS BOATRIGHT, 1340 Orient Road, Tampa, FL 33619-3328; and JERLDON CURTIS BOATRIGHT, 1345 Faulkenburg Road, Tampa, FL 33619-0945 by Certified Mail this 7 day of Fb YAreF 2001. MIGUEL OXAMENDI Senior Attorney Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4130

Docket for Case No: 01-001858PL