Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: JOSEPH HOUSTON
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Financial Services
Locations: Naples, Florida
Filed: Feb. 14, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 8, 2005.
Latest Update: Dec. 24, 2024
ons os
me FLORIDA
FINANCIAL SERVICES
FILED
TOM GALLAGHER
CHIEF FINANCIAL OFFICER
STATE OF FLORIDA JAN 12 2005
Dooketed by; p=
IN THE MATTER OF:
CASE NO.: 78640-04-AG
JOSEPH HOUSTON
ADMINISTRATIVE COMPLAINT
TO: JOSEPH HOUSTON
Express Bail Bond
495 Goodlette Rd
Naples, FL 34102
JOSEPH HOUSTON
6881 Highland Pines Circle
Ft. Myers, FL 33912
You, JOSEPH HOUSTON, license I.D. #A123930, 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 an insurance agent in this state, as a result of which it is alleged:
GENERAL ALLEGATIONS
I, Pursuant to Chapter 648, Florida Statutes, you, JOSEPH HOUSTON, are
currently licensed in this state as a Limited Surety Agent (Bail Bond) (2-34) Agent.
2. At all times pertinent to the dates and occurrences referred to herein, you,
JOSEPH HOUSTON, were licensed in this state as a limited surety agent.
3. Pursuant to chapter 648, Florida Statutes, the Florida Department of Insurance has
jurisdiction over your insurance licenses and appointments,
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4. At all times material herein, you, JOSEPH HOUSTON, conducted business as a
licensed bail bond agent, in combination with Mary Livingston, a licensed bail bond agent, under
ownership of the named entity, Express Bail Bonds.
COUNT I
5. The above general allegations are hereby realleged and fully incorporated herein
by reference.
6. On or about August 24, 1998, you, JOSEPH HOUSTON, as a licensed bail bond
agent, with one Mary Livingston, also a licensed bail bond agent, each acting through Express
Bail Bonds, 2 named entity owned by you, consulted with Jean Satonick for purpose of providing
to her an appearance bond in the sum of $100,000.00 to secure her release from incarceration
pending trial. She furnished to you $10,000.00 as and for premium cost in addition to
$27,000.00 cash collateral and her promissory note as security for such bond.
7. You, JOSEPH HOUSTON, with Mary Livingston, then caused on August 24,
1998, a bond in the sum of $100,000.00 to be issued in behalf of the said Jean Satonick by
Continental Heritage Insurance Company, through C. E. Parrish General Agency, Inc.
8. On receiving the said collateral sum from the said Jean Satonick in the amount of
$27,000.00, you, JOSEPH HOUSTON, thereafter failed to remit all or any portion of the said
collateral sum to either your managing general agent or Continental Heritage Insurance
Company as required by statute.
IT IS THEREFORE CHARGED that you, JOSEPH HOUSTON, 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 licenses and appointments:
(a) Has willfully used, or intended the use, of the license or appointment to
circumvent any of the requirements or prohibitions of this chapter or the insurance code. [Section
648.35(2)(d), Florida Statutes];
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(b) Has demonstrated lack of fitness or trustworthiness to engage in the bail bond
business. [Section 648.45(2)(e), Florida Statutes];
(c) Has engaged in fraudulent or dishonest practices in the conduct of the business
under the license or appointment. [Section 648.45(2)(g), Florida Statutes];
(d) Is guilty of misappropriation, conversion, or unlawful withholding of moneys
belonging to a surety, or principle, or others and received in the conduct of business under a
license. {Section 648.45(2)(h), 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)(), Florida Statutes];
) Has demonstrated lack of good faith in carrying out contractual obligations and
agreements. [Section 648.45(2)(I), Florida Statutes];
(g) Has failed to return collateral. [Section 648.45(2)(n), Florida Statutes];
(h) Failure to remit funds to insurer. [Section 648.295, Florida Statutes];
(i) Failure to remit collateral security to insurer. [Section 648.442, Florida Statutes];
COUNT It
9. The above general allegations are hereby realleged and fully incorporated herein
by reference.
10. On or about August 24, 1998, you, JOSEPH HOUSTON, as a licensed bail bond
agent, with one Mary Livingston, also a licensed bail bond agent, each acting through Express
Bail Bonds, a named entity owned by you, consulted with Jean Satonick for purpose of providing
to her an appearance bond in the sum of $100,000.00 to secure her release from incarceration
pending trial. She furnished to you $10,000.00 as and for premium cost in addition to
$27,000.00 cash collateral and her promissory note as security for such bond.
11. You, JOSEPH HOUSTON, with Mary Livingston, then caused on August 24,
1998, a bond in the sum of $100,000.00 to be issued in behalf of the said Jean Satonick by
Continental Heritage Insurance Company, to C. E. Parrish General Agency, Inc.
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12. In or around February 2001, the said Jean Satonick was adjudicated guilty of the
charge against her and the bond provided by you and Mary Livingston was thereupon
discharged and returned to Express Bail Bonds.
13, Thereafter, the said Jean Satonick made numerous written requests to you for
return of her $27,000.00 cash collateral sum previously furnished to you as aforesaid to which
you failed to respond as required by statute.
14. You, JOSEPH HOUSTON, completely ignored the requests of the said Jean
Satonick and failed to return her cash collateral sum of $27,000.00 for a period of approximately
two years, and only finally did so in December 2003 upon learning of investigation then pending
by the Department of Financial Services involving such matter.
IT 18 THEREFORE CHARGED that you, JOSEPH HOUSTON, 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 licenses and appointments:
(a) Has willfully used, or intended the use, of the license or appointment to
circumvent any of the requirements or prohibitions of this chapter or the insurance code. [Section
648,35(2)(d), 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 engaged in fraudulent or dishonest practices in the conduct of the business
under the license or appointment. [Section 648.45(2)(g), Florida Statutes];
(d) Is guilty of misappropriation, conversion, or unlawful withholding of moneys
belonging to a surety, or principle, 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];
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(h Has demonstrated lack of good faith in carrying out contractual obligations and
agreements. [Section 648.45(2)(1), Florida Statutes];
(g) Has failed to return collateral. [Section 648.45(2)(n), Florida Statutes];
(h) Failure to remit funds to insurer. [Section 648.295, Florida Statutes];
G) Failure to retum collateral security. [Section 648.442, Florida Statutes];
«&) Failure to remit collateral security. [Section 648.571, Florida Statutes];
COUNT DIT
15. The above general allegations are hereby realleged and fully incorporated herein
by reference.
16. At all times material herein, you, JOSEPH HOUSTON, as a licensed bail bond
agent and owner of Express Bail Bonds, caused that named entity to operate but failed to
designate a primary agent at any of the Express Bail Bonds locations on required forms
approved by the Department. As such, you and Express Bail Bonds were and are in violation of
statutory requirements and as such cannot legally conduct surety business.
IT IS THEREFORE CHARGED that you, JOSEPH HOUSTON, 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 licenses and appointments:
(a) Willfully failed to follow or report a record by state or federal law. [Section
648.45(2)(0)2., Florida Statutes];
(b) Failure to designate a primary bail bond agent for each location of the bail bond
agency. [Section 648.387, Florida Statutes];
WHEREFORE, you, JOSEPH HOUSTON, 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.
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You are further notified that any order entered in this case revoking or suspending amy 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;
(&) 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
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(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 wiitten
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 attomey will discuss this matter with you until the response has been received by
the Department of Financial Services.
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IN CHANDLER
Deputy Chief Financial Officer
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE
COMPLAINT and ELECTION OF PROCEEDING has been furnished to: JOSEPH
HOUSTON, Express Bail Bond, 495 Goodlette Rd, Naples, FL 34102; and JOSEPH
HOUSTON, 6881 Highland Pines Circle, Ft. Myers, FL 33912 by Certified Mail this
12th. day of Shornsry »> AROS.
Dean Andrews
Division of Legal Servicds
200 East Gaines St.
612 Larson Building
Tallahassee, Florida 32399-033
(850) 413-4242
Florida Bar Number 0001959
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Docket for Case No: 05-000537PL
Issue Date |
Proceedings |
Jul. 08, 2005 |
Order Closing Files. CASE CLOSED.
|
Jul. 08, 2005 |
Motion to Relinquish Jurisdiction filed.
|
Jun. 10, 2005 |
Notice of Filing Depositions of Mary Jessica Livingston and Joseph Houston filed.
|
Jun. 10, 2005 |
Petitioner`s Answers to Second Set of Interrogatories from Respondents filed.
|
Jun. 09, 2005 |
Notice of Change of Address for Respondents` Counsel filed.
|
Jun. 02, 2005 |
Petitioner`s Withdrawal of Motion filed.
|
May 23, 2005 |
Petitioner`s Motion for Approval of the Number of Interrogatories Submitted to Respondents filed.
|
May 13, 2005 |
Petitioner`s Notice of Serving Second Set of Interrogatories to Mary Jessica Livingston and Joseph Houston, Respectively filed.
|
Apr. 20, 2005 |
Order of Pre-hearing Instructions.
|
Apr. 20, 2005 |
Notice of Hearing (hearing set for July 14, 2005; 9:00 a.m.; Naples, FL).
|
Apr. 19, 2005 |
Letter to Judge Harrell from D. Andrews regarding Motion to Compel filed.
|
Apr. 12, 2005 |
Petitioner`s Response to Order of March 21, 2005 filed.
|
Apr. 11, 2005 |
Response to Court Order Reference Trial Date filed.
|
Apr. 04, 2005 |
Petitioner`s Notice of Service of Answers to Respondent`s First Set of Interrogatories filed.
|
Apr. 04, 2005 |
Petitioner`s Motion to Compel Answers to Interrogatories and Responses to Production Request and for Imposition of Sanctions filed.
|
Mar. 23, 2005 |
Order Granting Continuance (parties to advise status by April 6, 2005).
|
Mar. 21, 2005 |
Petitioner`s Motion for Continuance filed.
|
Mar. 17, 2005 |
Order Granting Consolidation (consolidated cases are: 05-0139PL and 05-0537PL).
|
Mar. 17, 2005 |
Respondent`s Request for Consolidation of Administrative Complaints for Formal Hearing filed.
|
Feb. 25, 2005 |
Motion to Consolidate (DOAH Case No. 05-0139PL and 05-0537PL) filed by Petitioner.
|
Feb. 24, 2005 |
Letter response to the Initial Order (filed by A. Kassier).
|
Feb. 15, 2005 |
Initial Order.
|
Feb. 14, 2005 |
Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
|
Feb. 14, 2005 |
Administrative Complaint filed.
|
Feb. 14, 2005 |
Election of Proceeding filed.
|
Feb. 14, 2005 |
Respondent`s Petition in Opposition to Administrative Complaint filed.
|
Feb. 14, 2005 |
Agency referral filed.
|