Dec 12 2007 16:32 DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Dec. 12 2687 G4:3°PM PS FILED NOV 21 2007 “oe we Any sive | CHEF FINANCIAL OFFICER Dovketea by, . => STATE OF TLORIDA IN THE MATTER OF; CASE NO,: 91692-07-AG JUANITA WILLIAMS / ADMINISTRATIVE COMPLAINT TO; JUANITA WILLIAMS Express Bail Bonds 495 Goodlette Road North Naples, Florida 34102-5839 JWANITA WILLIAMS 2125 East Crown Pointe Boulevard Naples, Florida 34112-3677 You, JUANITA WILLIAMS, 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 limited surety (bail bond) agent (2-34) in this state, as a result of which it is alleged: GENERAL ALLEGATIONS i. Pursuant to Chapter 648, Florida Statutes, you, TUANITA WILLIAMS, currently are licensed in this state as a limited surety (bail bond) agent (License Number A285910). 2. At all times pertinent to the dates and occurrences referred to herein, you, JUANITA WILLIAMS, were licensed in this state as a limited surety (bail bond) agent. 3. Pursuant to Chapter 648, Florida Statutes, and the Florida Insurance Code, the Florida Department of Financial Services (hereinafter “Department”) has jurisdiction over your Dec 12 2007 16:32 FROM : DEPT OF FINANCIAL SERVICES FAX NO. 285845 749R7? Dec. 12 267 G4: arPM Pa bail bond agent license, appointments and eligibility for licensure. 4. At all times pertinent to the dates and occurences referred to herein, you, JUANITA WILLIAMS, were the Primary Bail Bond Agent, with all of the attendant responsibilities, for Express Bail Bonds (“Express”) located at 495 Goodlette Road North, Naples, Florida 34102. 5. Pursuant to Section 648.387, Florida Statutes, {t]he primary bail bond agent is responsible for the overall operation and — management of a bail bond agency location, whose responsibilities may include, without lintitations, hiting and supervising of all individuals within the location, whether they deal with the public in the solicitation or negotiation of bail bond contracts or in the collection or accounting of moneys. A person may be designated as primary bail bond agent for only one location. 6. According to Department records, Joseph Houston, License Number 4123930, is the owner of Express. Joseph Houston is also the owner of Liberty Bail Bonds (“Liberty”), and you, JUANITA WILLIAMS, also are associated with Liberty as evidenced by, among other things, your name being affixed to the front of the building where Liberty’s office is located. 7. Records kept by the Florida Department of State show that you, JUANITA WILLIAMS, are the vice-president of J. Houston & Associates of Naples, Ine. (Document Number P94000063611) and Joseph Houston is the president of J. Houston & Associates of Naples, Inc. Department of State records indicate, also, that J. Houston & Associates of Naples, Inc.’s address is the same as E'xpress’s. COUNT I 8. The above General Allegations are hereby realleged and fully incorporated herein by refcrence. 9. On or about May 29, 2006, consumer Wilford DuPont (“Mr. DuPont”) was atrested in Collier County Florida, and Mr, DuPont's bail was sct at a total of seven thousand Dec 12 2007 16:33 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec. 12 2687 84:38PM PS dollars ($7,000.00). 10, After Mr. DuPont's arrest, consumer ‘Tonya DuPont (Ms. DuPont”) called you, JUANITA WILLIAMS, at Express and you, JUANTTA WILLIAMS, met Ms. DuPont al Express’s office to transact insurance business that ultimately resulted in Express writing the bail bonds for Mr. DuPont. The bail bonds were issued through power numbers PC2-00585947, PC2-00585948, and PC7-00587209. 11. During the aforementioned transaction you, JUANITA WILLIAMS, received seven hundred and fifty dollars ($750.00) cash from Ms. DuPont as the premium. You, JUANITA WILLIAMS, in violation of Florida regulations, did not give Ms. DuPont a receipt for that money. 12. Also, during the aforementioned transaction, Ms. DuPont signed a promissory note and indemnity agreement for seven thousand dollars ($7,000.00), These were the only collateral listed on the collateral receipt that Ms. DuPont or Mr. DuPont signed or received during the transaction with Express. 13. Ata point during or after July 2006, Ms. DuPont took the title to Mr. DuPont’s 1999 Chevrolet Tahoe, VIN 1GNEC13R6XJ323462, (the Tahoe”) to Express’s office and left it with the employee at the office. The Tahoe was worth an estimated eleven thousand dollars ($11,000.00), or more. 14, You, JUANITA WILLIAMS, at all times material hereto, were acutely aware of Ms. DuPont’s identity and contact information. However, you, JUANITA WILLIAMS, in violation of Florida law, never gave Ms, DuPont or Mr. DuPont a collateral receipt for the ‘Tahoe. 15. On or about October 4, 2006, you, JUANITA WILLIAMS, and/or Express Dec 12 2007 16:33 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Dec. 12 2687 84:38PM Pe became aware that Mr. DuPont was in police custody in Miami-Dade County, Florida. You, JUANITA WILLIAMS, or someone on your behalf, or someone on behalf of Express and/or under your direction, placed a hold on Mr, DuPont to return him to the jurisdiction of Collier County, Florida. You, JUANITA WILLIAMS, knew that Mr. DuPont's bail, therefore, would not be forfeited and would be discharged. 16. On the same day that Mr. DuPont was arrested in Miami-Dade County, you, TUANITA WILLIAMS, or someone on your bchalf, or sorneone oa behalf of Express and/or under your direction, instructed Syracuse A & A Recovery a/k/a A & A Auto Recovery to go to Ms. DuPont's address and tow the vehicle, thereby exercising dominion over the Tahoe. This was done without giving Ms. DuPont a collateral receipt for the Tahoe and without giving any notice whatsoever to Mr. DuPont ot Ms. DuPont, in spite of the fact that you obviously knew Ms. DuPont's address. In addition to being a violation of Florida law, this demonstrates a lack of trustworthiness in your business practices with the public and a lack of good-faith in undertaking your contractual obligations in your business relationship with Ms. DuPont and Mr. DuPont. 17. On or about November 7, 2006, a Certificate of Discharge of Bond was issued in writing by the court for each of powers number 00585947, 00585948 and 00587209, thereby retieving you, TUANITA WILLIAMS, Express, or any surety from liability on Mr. DuPont's respective bail bonds. 18. During the first week of December in 2006, Ms. DuPont attempted to secure the return of the Tahoe, but you, JUANITA WILLIAMS, or individuals on your behalf or on behalf of Express, would neither return the collateral to Ms. DuPont, nor would you issue a collateral receipt. 19. On or about April 16, 2007, you, JUANITA WILLIAMS, or someone on your Dec 12 2007 16:33 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Dec. 12 2687 4:38PM Pr behalf, or someone on behalf of Express and/or under your direction, purported to sell the Tahoe to Griselda F. Molina (Ms. Molina”), You, JUANITA WILLIAMS, or someone on your behalf, or someone on behalf of Express and/or under your direction, accepted money for the Tahoe and gave the title to Ms. Molina; this is the same title received from Ms. DuPont. ‘Through this transaction you, JUANITA WILLIAMS, further exercised dominion over the Tahoe and demonstrated the intent to not return said collateral to Mr. DuPont or Ms. DuPont. 20, Qn or about April 17, 2007, Ms. Molina returned the Tahoe to you, JUANITA WILLIAMS, and you, JUANITA WILLIAMS, returned the money to her, thereby unwinding a completed transaction, which Ms. Molina had no legal duty to do. 21. You, JUANITA WILLIAMS, continue to retain possession of the Tahoe. 22. You, JUANITA WILLIAMS, continue to retain any and all premium payments paid to Express by Ms. DuPont. IT IS THEREFORE CHARGED that you, JIANITA WILLIAMS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Florida Department of Financial Services, which constitute grounds for the suspension or revocation of your licenses and. appointments as an insurance agent: a) Every bail bond agent who accepts money or any other consideration for any bail bond or undertaking which they execute must for each and every payment received give to the person or persons paying the money or giving the consideration a pre-numbered receipt as evidence of payment which receipt shall state the date, name of the principal, amount of moncy or consideration received and purpose for which received, number of Power of Attorney form attached to the bond, penal sum of the bond, and name of person making payment or giving consideration. Every receipt must contain the name, address Dec 12 2007 16:34 FROM : DEPT OF FINANCIAL SERVICES FAX NO. 285845 749R7? Dec. 12 2687 G4: 39PM Pe and telephone number of both the surcty company and agent. Every hail bond agent must retain, in the individual file for each defendant, a duplicate copy of each receipt issucd as part of their records pursuant to Section 648.36, Florida Statutes. [Rule 69B-221.115, Florida Administrative Code]. b) 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. Such collateral security or other indemnity required by the bail bond agent must be reasonable in relation to the amount of the bond. Collateral security may not be used by the bail bond agent for personal benefit or gain and must be returned in the same condition as received. [Section 648.442(1), Florida Statutes). c) When a bail bond agent accepts collateral, a written, numbered receipt shall be given, and this receipt shall give in detail a full account of the collateral received. The bail bond agent shall also give copies of documents rendered under subsection (1) to the indemnitor, [Section 648.442(2), Florida Statutes), d) When the obligation of the surety on the bond or bonds has been released in writing by the court, the collateral shall be returned to the rightful owner named in the collateral receipt unless another disposition is provided for by legal assignment of the right to receive the collateral to another person. [Section 648.442(4), Florida Statutes}. e) If a forfeiture occurs, the agent or insurer shall give 10 days’ written notice of intent to convert the collateral deposit into cash to satisfy the forfeiture to the indemnitor and principal. Notice shall be sent by certified mail to the last known address of the indemmitor and principal. [Section 648.442(5), Florida Statutes]. f) Lacks one or more of the qualifications specified in this chapter for a license of 6 Dec 12 2007 16:34 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Dec. 12 2687 4:39PM Pa appointment. [Section 648.45(2)(a), Florida Statutes], g) 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 648.45(2)(d), Florida Statutes]. h) [las demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes]. i) Has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. |Section 648.45(2)(g), Florida Statutes}. 4) Is guilty of misappropriation, conversion, or unlawful withholding of moneys belonging to a surety, a principal, or others and reccived in the conduct of business under a license. [Section 648.45(2)(h), Florida Statutes]. k) 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]. 1) Has demonstrated lack of good faith in carrying out contractual obligations and agreements, [Section 648.45(2)(1), Florida Statutes). m) Has failed to return collateral. [Section 648.45(2)(n), Florida Statutes]. n) IJas demonstrated a course of conduct or practices which indicate that the licensee is incompetent, negligent, or dishonest or thal property or rights of clients cannot safely be entrusted to him or her. [Section 648.45(2)(p), Florida Statutes]. WHEREFORE, you, JUANITA WILLIAMS, are hereby notified that the Chief linancial Officer intends to enter an Order suspending or revoking your licenses and appoiniments as a limited surety (bail bond) agent or lo impose such penaltics as may be provided under the Dec 12 2007 16:34 FROM : DEPT OF FINANCIAL SERVICES FAX NO. 285845 749R7? Dec. 12 2667 G4:39PM Pia provisions of Sections 648.442, 648.45, 648.49, 648.50, 648.51, 648.52 and 648.53, Ilorida 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 entcred 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 of Financial Services ("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 ailached 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 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 mist 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 complics 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 Dec 12 2007 16:35 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Dec, 12 2667 84:48PM Pil 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 ihal are in dispute. If there are none, the petition must so indicate. (@) 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 10 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 ithe 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 arc held before a State Administrative Law Judge of the Division of Administralive 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 Dec 12 2007 16:35 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec. 12 2687 4:48PM Pl2 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 ag 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 wig / id day of Nourenter 2, 2007. rise KAREN CHANDLER Deputy Chief Financial Officer Dec 12 2007 16:35 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec. 12 2687 4:48PM Pls CERTIFICATE OF SERVICE LHEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCLIEDING has been furnished to: JUANITA WILLIAMS 2125 Fast Crown Pointe Boulevard Naples, Florida 34112-3677 JUANITA WILLIAMS Express Bail Bonds 495 Goodlette Road North Naples, Florida 34102-5839 by certified mail thie Agtiday of | _» 2007, Thomas A. Tad Sn Florida Department of nancial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4164 Florida Bar Number 0706868

Docket for Case No: 07-005664PL