(307) FILED Cor 608. a Pa : ra DEPARTMENT OF FINANCIAL SERVICES _ Beeketed by: TOM GALLAGHER CHIEF FINANCIAL OFFICER IN THE MATTER OF: CASE NO.: 70958-03-AG KATIE LONG HEYER ADMINISTRATIVE COMPLAINT TO: KATIE LONG HEYER 4112 Yellowwood Drive Valrico, Florida 33594 KATIE LONG HEYER c/o Heyer Investigations & Surety Agent 3415 4" Avenue South St. Petersburg, Florida 33711 KATIE LONG HEYER c/o Dolly Bolding Bailbonds, Inc. 2112 West Kennedy Boulevard Tampa, Florida 33606 You, KATIE LONG HEYER, are hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of your activities while licensed as a limited surety agent in this state and as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 648, Florida Statutes, you, KATIE LONG HEYER, currently are licensed in this state as a limited surety (2-34) agent, and were so licensed at all times relevant to the dates and occurrences referenced herein. Your license identification number is A157919. 2. Pursuant to Chapter 648, Florida Statutes, the Florida Department of Financial Services (hereinafter referred to as the “Department”) has jurisdiction over your license and appointments. 3. Pursuant to Chapter 648, Florida Statutes, Daniel P. Zutler currently is licensed in this state as a limited surety (2-34) agent, and was so licensed at all times relevant to the dates and occurrences referenced herein. His license identification number is A294572. 4. At all times relevant to the dates and occurrences referenced herein, Daniel P. Zutler was employed by Heyer Investigations & Surety Agent. 5. At no time relevant to the dates and occurrences referenced herein was Daniel P. Zutler appointed by Evergreen National Indemnity Company (hereinafter “Evergreen”). COUNT I 6. The above General Allegations are hereby realleged and fully incorporated herein by reference. 7. On or about July 29, 2002, Daniel P. Zutler (hereinafter “Zutler”), arranged two Evergreen criminal surety bail bonds for DAF. Zutler completed the Evergreen Appearance Bond and Power of Attorney forms, which already bore your signature, and collected nine hundred dollars ($900.00) from a friend of DAF as premium. 8. On or about August 7, 2002, Zutler received from DAF two thousand four hundred seventy dollars ($2,470.00) in cash as collateral and fees regarding the above-referenced surety bail bonds. On or about August 8, 2002, Zutler forwarded one thousand nine hundred fifty dollars ($1,950.00) of these funds to you, KATIE LONG HEYER, for which you issued a receipt to Zutler. 9, On or about January 27, 2003, the Circuit Court of Pasco County, Florida, entered judgment in the case against DAF, thus discharging the bond. Despite a request made directly to you, KATIE LONG HEYER, by DAF, DAF has not, as of the date of this Administrative Complaint, received a return of her collateral. IT IS THEREFORE CHARGED that you, KATIE LONG HEYER, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your license as a limited surety agent in this state: (a) Collateral security or other indemnity accepted by a bail bond agent, except a promissory note or an indemnity agreement, shall be returned upon final termination of liability on the bond. [Section 648.442(1), Florida Statutes]. (b) Has demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes]. (c) Has demonstrated lack of reasonably adequate knowledge and _ technical competence to engage in the transactions authorized by the license or appointment. [Section 648.45(2)(f), Florida Statutes]. (d) Has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 648.45(2)(g), Florida Statutes]. (e) Is guilty of misappropriation, conversion, or unlawful withholding of moneys belonging to a surety, a principal, or others and received in the conduct of business under a license. [Section 648.45(2)(h), Florida Statutes]. # Has willfully failed to comply with or willfully violated any proper order or rule of the department or willfully violated any provision of this chapter or the insurance code. [Section 648.45(2)(j), Florida Statutes]. (g) Has failed to return collateral. [Section 648.45(2)(n), Florida Statutes]. (h) Has demonstrated a course of conduct or practices which indicate that the licensee is incompetent, negligent, or dishonest or that property or rights of clients cannot safely be entrusted to him or her. [Section 648.45(2)(p), Florida Statutes]. (i) 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)]. COUNT II 10. | The above General Allegations are hereby realleged and fully incorporated herein by reference. 11. On or about July 29, 2002, Zutler arranged two Evergreen criminal surety bail bonds for DAF. Zutler completed the Evergreen Appearance Bond and Power of Attorney forms, which already bore your signature, and collected nine hundred dollars ($900.00) from a friend of DAF as premium. IT IS THEREFORE CHARGED that you, KATIE LONG HEYER, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your license as a limited surety agent in this state: (a) [A] bail bond agent...may not furnish to any person any blank forms, applications. ..or other supplies to be used in soliciting, negotiating, or effecting bail bonds until such person...is appointed by the insurer. [Section 648.441(1), Florida Statutes]. (b) Has demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes]. (c) Has demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized b y the license or appointment. [ Section 648.45(2)(f), Florida Statutes). (d) Has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 648.45(2)(g), Florida Statutes]. (e) Has willfully failed to comply with or willfully violated any proper order or rule of the department or willfully violated any provision of this chapter or the insurance code. [Section 648.45(2)(j), Florida Statutes]. (f) 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)]. COUNT III 12. The above General Allegations are hereby realleged and fully incorporated herein by reference. 13. On or about June 22, 2001, you, KATIE LONG HEYER, registered with the Florida Department of State, Division of Corporations, the fictitious name of “Heyer Investigations & Surety Agent.” 14. As of the date of this Administrative Complaint, you, KATIE LONG HEYER, have not filed with the Department the form “Designation or Deletion of Primary Bail Bond Agent for Bail Bond Agency and Filing of Business Names.” [Section 4-221.051(1), Florida Administrative Code]. IT IS THEREFORE CHARGED that you, KATIE LONG HEYER, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your license as a limited surety agent in this state: (a) The owner or operator of a bail bond agency shall designate a primary bail bond agent for each location, and shall file with the department the name and license number of the person and the address of the location...within 10 working days after such change... [Section 648.387(1), Florida Statutes]. (b) Has willfully failed to comply with or willfully violated any proper order or rule of the department or willfully violated any provision of this chapter or the insurance code. [Section 648.45(2)(j), Florida Statutes]. (c) 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)]. COUNT IV 15. The above General Allegations are hereby realleged and fully incorporated herein by reference. 16. On or about July 29, 2002, you, KATIE LONG HEYER, employed Andrew Collins with Heyer Investigations & Surety Agent. 17. On or about January 26, 1987, Andrew Collins entered a plea of guilty to a felony criminal charge in the Sixth Judicial Circuit of Florida. IT IS THEREFORE CHARGED that you, KATIE LONG HEYER, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your license as a limited surety agent in this state: (a) A person who has been convicted of or who has pleaded guilty or no contest to a felony...may not act in any capacity for a bail bond agency... [648.44(8)(a)]. (b) Has willfully failed to comply with or willfully violated any proper order or rule of the department or willfully violated any provision of this chapter or the insurance code. (Section 648.45(2)(j), Florida Statutes]. (c) 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)]. WHEREFORE, you, KATIE LONG HEYER, are hereby notified that the Chief Financial Officer 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 648.46, 648.49, 648.50, 648.51, 648.52, 648.53, and 648.58, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. You are further notified that any order entered in this case revoking or suspending any license or eligibility for licensure held by you shall also apply to all other licenses and eligibility held by you under the Florida Insurance Code. 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 Financial Services, 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 Financial Services. DATED and SIGNED this b f i day of Cctober , 2003. KAREN CHANDLER Deputy Chief Financial Officer 10 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to: KATIE LONG HEYER, 4112 Yellowwood Drive, Valrico, Florida 33594; KATIE LONG HEYER, c/o Dolly Bolding Bailbonds, Inc., 2112 West Kennedy Boulevard, Tampa, Florida 33606; and, to KATIE LONG HEYER, c/o Heyer Investi gations & Surety Agent, 3415 4" Avenue South, St. Petersburg, Florida 33711, by Certified Mail this G-th day of Ccte bey , 2003. oad Greg §/ Marr Florida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4180 Florida Bar Number 0131369 COMPLETE THIS SECTION ON DELIVERY lives ‘A. Received by (Please Print Clearly) B, Date of Delivery C. Signaty x 0 hoa == 7ubO 390 WHY 2700 eBb5 IFYES, enter delivery address below: ! 3. Service Type | CERTIFIED MAIL ra \Yes ‘4. Restricted Devery? (Extra Fee) 1. Article Addresped to: Sorance Information Agent Addressee Yes No poco KATIE LONG HEYER - C/O DOLLY BOLDING BAILBONDS, INC. 70958-03-A3 AC 2112 WEST KENNEDY BLVD. 10106)2003 TAMPA, FL 33606 Marr Domestic Return Receipt >” PS Form 3811, July 2004 ‘ 11

Docket for Case No: 03-003997PL