(4 fall THE TREASURER OF THE STATE OF FLORIDA Dee, DEPARTMENT OF INSURANCE Tom GALLAGHER IN THE MATTER OF: CASE NO.: 60041-02-AG GERARD EDWARD TOMMASULO ADMINISTRATIVE COMPLAINT TO: GERARD EDWARD TOMMASULO Fort Myers Bail Bonds 1550 Carson St. . Fort Myers, FL 33901-3105 GERARD EDWARD TOMMASULO 1528 Carson St. Fort Myers, FL 33901-3105 You, GERARD EDWARD TOMMASULO, license I.D. #A266451, 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 GERARD EDWARD TOMMASULO, are currently licensed in this state as a Limited Surety Agent (Bail Bond) (2- 34). Your license is suspended pursuant to a Notice of Temporary Suspension issued on April 10, 2002, in Case Number 60769-02-AG. 2. Pursuant to Chapter 648, Florida Statutes, the Florida Department of Insurance (hereinafter “Department”) has jurisdiction over your insurance licenses and appointments. COUNT I 3. The above general allegations are hereby realleged and fully incorporated herein by reference. 4. On or about November 4, 2002, in the Circuit Court for the Twentieth Judicial Circuit, in and for Lee County, Florida, Case No. 02000854CF, you, GERARD EDWARD TOMMASULO, pled no contest or guilty to two counts of Security Interest Fraud in violation of Section 817.562(3)(b), Florida Statutes, both first degree misdemeanors. Adjudication of guilt was withheld. 5. Security Interest Fraud is a crime involving moral turpitude. IT IS THEREFORE CHARGED that you, GERARD EDWARD TOMMASULO, 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) Having been found guilty of or having pleaded guilty or no contest to a felony, a crime involving moral turpitude, or a crime punishable by imprisonment of 1 year or more under the law of any state, territory, or country, whether or not a judgement of conviction has been entered, [Section 648.45(2)(k), Florida Statutes]; (b) Has been found guilty of, or has pleaded guilty or no contest to a felony, a crime involving moral turpitude, or a crime punishable by imprisonment of 1 year or more under the law of any state, territory, or country, whether or not a judgment or conviction has been entered. [Section 648.45(2)(k), 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 Chapter 648, Florida Statutes, or the Florida Insurance Code. [Section 648.45(2)(j), Florida Statutes]; WHEREFORE, you, GERARD EDWARD TOMMASULO, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your license and appointment as a bail bond agent or to impose such penalties as may be provided under the provisions of Sections 648.45, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this 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 the attached Election of Proceeding form conforms to these requirements. Specifically, your response must contain: (a) The name and address of the party making the request, for purpose of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a 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. If a 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, or 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 and SIGNED this_ /9— day of DevenmRER _,2002. Kr Leandllr IN CHANDLER DEPUTY INSURANCE COMMISSIONER . oa ‘ ‘* OF pnw (a CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to: GERARD EDWARD TOMMASULO, Fort Myers Bail Bonds, 1550 Carson St., Fort Myers, Fort Myers 33901-3105; GERARD EDWARD TOMMASULD, 1528 Carson St., Fort Myers, FL 33901-3105 by Certified Mail this_/¢day of , 2002. WILLIAM MS JR. th : Florida Bar Number 0312411 Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-033 Phone: (850) 413-4110 Fax: (850) 487-4907

Docket for Case No: 03-003227PL