REPRESENTING ALEX SINK i Abe SANC z] & Omg Frsanciar opsiceR SEP 18 2007 OTSO01’ ~L Docketed ie. a IN THE MATTER OF: JAMES ANTHONY MCFADDEN, SR. CASE NO.: 91332-07-AG / ADMINISTRATIVE COMPLAINT TO: JAMES ANTHONY MCFADDEN, SR. 7337 Little Road New Port Richey, FL 34654-5521 You, JAMES ANTHONY MCFADDEN, SR., license I.D. #A172189, 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 bail bond agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to chapter 648, Florida Statutes, you, JAMES ANTHONY MCFADDEN, SR., are currently licensed in this state as a bail bond agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, JAMES ANTHONY MCFADDEN, SR., were licensed in this state as a bail bond agent. 3. Pursuant to chapter 648, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over your bail bond licenses and appointments. COUNT I 4. The allegations contained in paragraphs 1 through 3 are hereby realleged and fully incorporated by reference. 5. On or around July 28, 2006, you, JAMES ANTHONY MCFADDEN, SR., wrote three bonds, Power Nos. 555015105-6, 511040315-3 and 560314719-3, with Bankers Insurance Company on which criminal defendant Raymond T. Monce was required to appear at a scheduled court appearance in cases styled State of Florida v. Raymond Thomas Monce, Case Nos. 0602630MMAWS and 0601959CFAWS, at some future date. 6. The total amount of the appearance bonds was $60,500. 7. You, JAMES ANTHONY MCFADDEN, SR., charged Raymond Dale Monce, the defendant’s father, $6,100 in premium for the appearance bonds. 8. On or around July 29, 2006, Raymond Dale Monce paid you, JAMES ANTHONY MCFADDEN, SR., $6,100 in premium for the appearance bonds. 9. Raymond Dale Monce intended to use his house located at 5107 Holiday Dr., Kiwi, Florida (“Kiwi House”) as collateral for the appearance bonds. 10. You, JAMES ANTHONY MCFADDEN, SR., knew that Raymond Dale Monce intended to use the Kiwi House as collateral for the appearance bonds. 11. | However, Raymond Dale Monce was unable to use the Kiwi House as collateral. 12. On July 31, 2006, prior to the scheduled court appearance, you, JAMES ANTHONY MCFADDEN, SR., had Raymond T. Monce returned to jail. 13. You, JAMES ANTHONY MCFADDEN, SR., were not entitled to keep the $6,100 premium, pursuant to Florida law and the terms and conditions of the appearance bonds. 14. You, JAMES ANTHONY MCFADDEN, SR., were required, pursuant to Florida law and the terms and conditions of the appearance bonds, to refund Raymond Dale Monce the $6,100 premium. 15. You, JAMES ANTHONY MCFADDEN, SR., have failed to refund Raymond Dale Monce the $6,100 premium. 16. On June 12, 2001, the Department issued you, JAMES ANTHONY MCFADDEN, SR., a Letter of Guidance in Case Numbers CS 3548 CA 5347 and CS 3548 CA 5031 for, including but not limited to, failing to timely refund collateral. IT IS THEREFORE CHARGED, based on some or all of the foregoing, that you, JAMES ANTHONY MCFADDEN, SR., have violated or are accountable under one or more of the following provisions of the Florida Insurance Code and Rules of the Department which constitutes grounds for the revocation or surrender of your bail bond agent license and appointments, and eligibility for licensure or appointment: (a) Has demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes]; (b) 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]; (c) 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]; (d) Has demonstrated lack of good faith in carrying out contractual obligations and agreements. [Section 648.45(2)(1), Florida Statutes]; (e) The premium permitted under Chapter 648, Florida Statutes, shall be a term charge for the term of the bond. No additional premium shall be charged in the event of a rewrite of a bond based on the same case number except that in the event the amount of the bond has been increased, an additional premium based on the rates in current use for the amount of the increase may be charged. The licensed bail bond agent shall refund the entire premium charged for the bond when it is found that the surety had no liability under the bond because the defendant does not come under the jurisdiction of the court to which the defendant is returnable or is not released from custody except where a bond is written to allow the defendant to serve a sentence in another jurisdiction. The defendant shall be entitled to the return of premium when surrendered by the surety or bail bond agent at any time prior to the final termination of the surety's liability on the bond; provided that the defendant shall not be entitled to a return of the premium where the defendant violates the contract with the surety. [Rule 69B-221.110, Florida Administrative Code]; () All premiums, return premiums, or other funds belonging to insurers or others received by a person licensed pursuant to this chapter in transactions under her or his license are trust funds received by the licensee in a fiduciary capacity, and the licensee must account for and pay the same to the insurer, insured, or other person entitled to such funds. [Section 648.295(1), Florida Statutes]; (g) 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]; (bh) ‘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]; and Q) 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. [Section 648.45(3)(e), Florida Statutes]. COUNT II 17. The allegations contained in paragraphs 1 through 3 are hereby realleged and fully incorporated by reference. 18. A Plus Bail Bonds and Investigations, Inc. is a bail bond agency located at 7337 Little Road, New Port Richey, FL 34654-5521. 19. A Plus Bail Bonds and Investigations, Inc. is conducting business at the above address. 20. You, J AMES ANTHONY MCFADDEN, SR.., are listed as an officer and director for A Plus Bail Bonds and Investigations, Inc. 21. You, JAMES ANTHONY MCFADDEN, SR., are the owner or operator of A Plus Bail Bonds and Investigations, Inc. 22. The Department has no primary bail bond agent listed for A Plus Bail Bonds and Investigations, Inc. 23. You, JAMES ANTHONY MCFADDEN, S8R., have failed to designate a primary agent for A Plus Bail Bonds and Investigations, Inc. IT IS THEREFORE CHARGED that you, JAMES ANTHONY MCFADDEN, SR., have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department which constitute grounds for the suspension or revocation of your licenses and appointments: (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 on a form approved by the department. The designation of the primary bail bond agent may be changed if the department is notified immediately. Failure to notify the department within 10 working days after such change is grounds for disciplinary action pursuant to s. 648.45. [Section 648.387(1), Florida Statutes]; (b) 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]; (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. (Section 648.45(2)(j), Florida Statutes]; (d) _ Violation of any law relating to the business of bail bond insurance or violation of any provision of the insurance code. [Séction 648.45(3)(c), Florida Statutes]. WHEREFORE, you, JAMES ANTHONY MCFADDEN, SR., are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appointments as a bail bond agent and bail bond agent or to impose such penalties as may be provided under the provisions of Sections 648.45, 648.49, 648.50, 648.52, 648.53, and 648.57, 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 28-106, 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 an administrative hearing will suffice as a written request. The request must be filed with the General Counsel, acting as 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 SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-106.2015, 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, address, and telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent"). (b) The name, address, telephone number, facsimile number of the attorney or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. (c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. (d) A statement of when the respondent received notice of the administrative complaint. (e) A statement including the file number to the administrative complaint. 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. DATED and SIGNED this 18" day of _. x phon ben , 2007. N 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 have been furnished to JAMES ANTHONY MCFADDEN, SR.., by restricted U.S. Certified Mail, at 7337 Little Road, New Port Richey, FL , 2007. 34654-5521 this | & day of Si ple Robert Alan Fox 3 Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4106

Docket for Case No: 07-005096PL