FLORIDA DEPARTMENT OF FINANCIAL SERVICES FILED TOM GALLAGHER CHIEF FINANCIAL OFFICER STATE OF FLORIDA SEP 1 2004 IN THE MATTER OF: CASE NO.: 71614-04-AG CLIFFORD BERNARD DAVIS ADMINISTRATIVE COMPLAINT TO: CLIFFORD BERNARD DAVIS 680 Dent Street Tallahassee, Florida 32304-2435 You, CLIFFORD BERNARD DAVIS, license LD. #A062507, 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, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 648, Florida Statutes (2003), you, CLIFFORD BERNARD DAVIS, are currently licensed in this state as a Limited Surety (Bail Bond) Agent (2-34), 2. At all times pertinent to the dates and occurrences referred tc herein, you, CLIFFORD BERNARD DAVIS, were licensed in this state as a Limited Surety (Bail Bond) Agent (2-34). 3. Pursuant to Chapter 648, Florida Statutes (2003), the Florida Department of Financial Services (hereinafter “Department”) has jurisdiction over your limited surety license and appointments. 4, At all times relevant to the dates and occurrences referred to herein, you, CLIFFORD BERNARD DAVIS, represented the C.E. Parish General Agency, Inc., a Managing General Agent (hereinafter "Parish"), as an Executing Agent. COUNT I 5. The above general allegations are hereby realleged and fully incorporated herein by reference. 6. On or about June 3, 2003, the Department of Financial Services received information from Parish, that you owed that company THIRTEEN THOUSAND THREE HUNDRED NINETY-NINE AND 00/100 ($13,399.00) DOLLARS, in premium money. To date, that money has not been paid. IT IS THEREFORE CHARGED that you, CLIFFORD BERNARD DAVIS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your license and appointments: (a) Has demonstrated lack of fitness or trustworthiness to engage in the bail bond business. § 648.45(2)(e), Fla. Stat. (2003). (b) _ Is guilty of misappropriation, conversion, or unlawful withhelding of moneys belonging to a surety, a principal, or others and received in the conduct of business under a license. § 648.45(2)(h), Fla. Stat. (2003). iv) (c) 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. § 648.45(2)(), Fla. Stat. (2003). (d) Has demonstrated lack of good faith in carrying out contractual obligations and agreements. § 648.45(2)(1), Fla. Stat. (2003). (e) Violation of any law relating to the business of bail bond insurance or violation of any provision of the insurance code. § 648.45(3)(c), Fla. Stat. (2003). (f Failure or refusal, upon demand, to pay over to any insurer the bail bond agent represents or has represented any money coming into his or her hands which money belongs to the insurer. § 648.45(3)(d), Fla. Stat. (2003). (g) 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. § 648.45(3)(e), Fla. Stat. (2003). COUNT II 7. The above general allegations are hereby realleged and fully incorporated herein by reference. 8. According to Department records, you, CLIFFORD BERNARD DAVIS are not in compliance with the continuing education requirements mandated by the Department for all Bail Bond Agents. IT IS THEREFORE CHARGED that you, CLIFFORD BERNARD DAVIS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of vour license and appointments: (a) Each person subject to the provisions of this chapter must co mplete a minimum of 14 hours of continuing education courses every 2 years in courses approved by the department. Compliance with continuing education requirements is a condition precedent to the issuance, continuation, or renewal of any appointment subject to the provisions of this chapter. § 648.385(2)(a), Fla. Stat. (2003). (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. § 648.45(2)(j), Fla. Stat. (2003). (c) Violation of any law relating to the business of bail bond insurance or violation of any provision of the insurance code. § 648.45(3)(c), Fla. Stat. (2003). 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 (2003), 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. 04 OCT 25 PN 46 Vises If you request a proceeding, you must provide information that complies WiftMhk ; PANGS 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 (2003), 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 (2003). 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 (2003), is not available. No Department attorney will discuss this matter with you until the response has been received by the Department of Financial Services. ie DATED and SIGNED this _/ st __ day of Sopbrmbers 2004. Deputy Chief Financial Officer SrA aoe 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: CLIFFORD BERNARD DAVIS, 680 Dent Street, Tallahassee, Florida 32304-2435, by Certified Mail this j day of Saprber_. 2004, Vibe ‘ Michael T. Ruff Florida Bar Number 0688541 Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-033 Phone: (850) 413-4134 Fax (850) 487-4907 COMPLETE THIS SECTION ON DELIVERY B. Date of Delivery (AN 7hbO 3901 9444 2699 2b4b CYagent [] Addressee [J Yes LUNo H 3. Selvice Type CERTIFIED MAIL i 4. Restricted Delivery? (Extra Fee) i 1. Artidle Addressed to: CLIFFCRD BERNARD DAVIS 680 DENT STREET 71614-04-A -~04-AG AC TALLAHASSEE, FL 32304-2435 09/01/2004 Ruff RESTRICTED H PS Form 3811, July 2004 VER Y- Receipt

Docket for Case No: 04-003842PL