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DEPARTMENT OF INSURANCE vs CHARLES DURWOOD INGRAM, 02-001972PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-001972PL Visitors: 15
Petitioner: DEPARTMENT OF INSURANCE
Respondent: CHARLES DURWOOD INGRAM
Judges: CHARLES C. ADAMS
Agency: Department of Financial Services
Locations: Palatka, Florida
Filed: May 14, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 26, 2002.

Latest Update: Oct. 04, 2024
THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE TOM GALLAGHER IN THE MATTER OF: CASE NO.: 43702-02-AG CHARLES DURWOOD INGRAM / ADMINISTRATIVE COMPLAINT TO: CHARLES DURWOOD INGRAM Chuck’s Bail Bonds, Inc. 1093 Highway 19 N. Palatka, Florida 32177-1400 CHARLES DURWOOD INGRAM Post Office Box 1155 Palatka, Florida 32178-1155 CHARLES DURWOOD INGRAM Post Office Box 337 Hollister, Florida 32147-0337 You, CHARLES DURWOOD INGRAM, license number A127754, 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 limited surety agent (bail bond) in this state, as a result of which it is alleged: C Cureent Printout) GENERAL ALLEGATIONS 1. Atall times relevant to the dates and occurrences referred to herein, you, CHARLES DURWOOD INGRAM, were licensed in this state as a limited surety agent (bail bond), License #A127754. ( Curves? Pantout) 2. Pursuant to Chapter 648, Florida Statutes, the Florida Department of Insurance has jurisdiction over your limited surety agent (bail bond) license and appointments. (5 hatag? 3. Atall times relevant to the dates and occurrences referred to herein, you, CHARLES DURWOOD INGRAM, were the owner of Chuck’s Bail Bonds, located at 1096 Highway 17 North, Palatka, Florida 32177, ( Corpoa® records, Pdvriacion) 4. On February 15, 2002, the Department entered a Notice of Temporary Suspension, temporarily suspending all licenses and appointments issued to you, CHARLES DURWOOD INGRAM. The Notice of Temporary Suspension, Case number 60202-02-AG, found that you, CHARLES DURWOOD INGRAM, on or about January 4, 2002, were charged by Information in the Circuit Court of the Seventh Judicial Circuit in and for Putnam County, Florida in Case Number 2001-1914-CF-52, with one count of felony sexual battery on a person less than 12 years of age in violation of Section 794.011, Florida Statutes. ( Cooy f Gadzec! Copy of Hora? COUNT 1 5. The above General Allegations are hereby realleged and fully incorporated herein by reference. 6. Onor about May 27, 2001, you, CHARLES DURWOOD INGRAM, allowed Donald W. Boland, an unlicensed individual, to participate in the arrest and/or recommitment of Jimmy Bryant, in that you, CHARLES DURWOOD INGRAM, allowed Mr. Boland to handcuff and/or transport and/or commit Mr. Bryant to the Putnam County Jail. During said activities, you, CHARLES DURWOOD INGRAM, allowed Mr. Boland to display and discharge a firearm. ¢ Test Obbicer, Weir ole rae He Sheotng IT IS THEREFORE CHARGED that you, CHARLES DURWOOD INGRAM, have violated or are accountable under one or more of 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 license and appointments as a limited surety agent and your eligibility for licensure and appointment: (a) A person may not act in the capacity of a bail bond agent, temporary bail bond agent, or runner or perform any of the functions, duties, or powers prescribed for bail bond agents or runners under this chapter unless that person is qualified, licensed, and appointed as provided in this chapter. [Section 648.30(1), Florida Statutes]; (b) No person shall represent himself or herself to be a bail enforcement agent, bounty hunter, or other similar title in this state. {Section 648.30(2), Florida Statutes}; (c) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain or arrest a principal on a bond, wherever issued, unless that person is qualified, licensed, and appointed as provided in this chapter or licensed as a bail bond agent by the state where the fond was written. (Section 648.30(3), Florida Statutes]; (d) Any person who violates any provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. [Section 648.30 (4), Florida Statutes]; (e) The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or for any of the following causes: [Section 648.45(2), Florida Statutes]; Qg) Demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes); (2) 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 chapter or the insurance code. [Section 648.45(2)G), Florida Statutes]; (f) The department may deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, or it may suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or for any of the following causes: [Section 648.45(3), Florida Statutes]; (g) A cause for which issuance of the license or appointment could have been refused had it then existed and been known to the department. [Section 648.45(3)(a), Florida Statutes]; qd) 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]; (2) Any licensed bail bond agent, temporary bail bond agent, or managing general agent engaged in the bail bond business, who permits any person not licensed, as required under Chapter 648, Florida Statutes, to solicit or engage in the bail bond business in his behalf shall be deemed in violation of Section 648.30, Florida Statutes. .. . {Section 4-221.001, Florida Administrative Code}. WHEREFORE, you, CHARLES DURWOOD INGRAM, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order revoking your license and appointments as a limited surety agent or to impose such lesser penalties as may be provided under the provisions of Sections 648.45, 648.46, 648.49, 648.50, 648.52, and 648.53, Florida Statutes, and under the other referenced sections of the Florida Statutes, procedures, and rules as set forth in this Amended Administrative Complaint. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department pursuant to sections 120.569 and 120.57, Florida Statutes, and Rule 28-107, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel as acting Agency Clerk, at the Florida Department of Insurance, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written response must be received by the Department no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to a hearing. YOUR FAILURE TO RESPOND IN WRITING WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE 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 you request a proceeding, you must provide information that complies with the requirements of Rule 28-107.004, Florida Administrative Code. As noted above, completion of nl the attached Election of Proceeding form conforms to these requirements. Specifically, yout response must contain: (a) The name and address of the party making the request, for purpose of service; (bo) A statement that the party is requesting 4 hearing involving disputed issues of material fact, or 4 hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. Ifa hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. If a proceeding is requested and there is no dispute of material fact, the provisions of section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department 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, of by telephonic conference call upon your request. However, if you dispute material facts which are the basis for the Department's action, you must request an adversarial proceeding pursuant to sections 120.569 and 120.57(1), Florida Statutes. These proceedings are held before a 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, Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an 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. Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department of Insurance. DATED this 11TH day of APRIL , 2002 KENNEY SHIPLEY Deputy Insurance Commissioner CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished by Certified Mail to: CHARLES DURWOOD INGRAM, Chuck’s Bail Bonds, Inc., 1093 Highway 19 N., Palatka, Florida 32177-1400; CHARLES DURWOOD INGRAM, Post Office Box 1155, Palatka, Florida 32178-1155; and CHARLES DURWOOD INGRAM, Post Office Box 337, Hollister, Florida 32147-0337 this 11TH day of APRIL ' , 2002. Oct Ghul _ Anthony _ Miller, Esquire Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4220

Docket for Case No: 02-001972PL
Source:  Florida - Division of Administrative Hearings

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