Oct 21 2008 3:19 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 21 2665 87:25AM PS ae FILED ALEX SINK one aB ep 12 mm IN THE ER OF: MATT booted on AVY DOLORES MASTRAPA CASE NO,: 93883-08-AG / rrr ADMINISTRATIVE COMPLAINT TO: DOLORES MASTRAPA 7300 Southwest 19" ‘Terrace Miami, FL, 33155-1597 DOLORES MASTRAPA c/o AAA Bail Yes Bonding Agencies Inc, 2299 SW 27TH AVE Miami, Florida 33145-3497 You, DOLORES MASTRAPA, 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) and a Managing General agent (0-60) in this state, as a result of which it is alleged: (GENERAL ALLEGATIONS 1. At all times pertinent to the dates and occurrences referred to herein, you, DOLORES MASTRAPA, were licensed in this state as a limited surety (bail bond) agent (2-34). At all times referenced hercin since November 20, 2007, you, DOLORES MASTRAPA, were licensed in this state as a Manaping General agent (0-60). 2. Pursuant to Chapter 648, Florida Statutes, you, DOLORES MASTRAPA, currently are licensed in this state as a Limited Surety (bail bond) agent (2-34) and as a Oct 21 2008 3:20 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 21 2665 7:26AM P4 Managing General agent (0-60) (License Number E125860). 3, Pursuant to the Florida Insurance Code, the Florida Department of Financial Services (“Departinent”) has jurisdiction over your bail bond agent and managing general agent licenses, appointments and eligibility for licensure, 4, Section 648,25(1)(b), Florida Statutes, defines a bail bond agency as “[a]n entity that: 1. Charges a fee or premium to release an accused defendant or detainee from jail; or 2. Engages in or employs others to engage in any activity that may be performed only by a licensed and appointed bail bond agent.” 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 limitations, hiring 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. At all times on and after January 10, 2007, you, DOLORES MASTRAPA, were the Primary Bail Bond Agent for AAA Bail Yes Bonding Agencies, Inc. (‘AAA Bail”), a bail bond agency located at 2299 SW 7th Avenue, Suite 200, Miami, Florida, 33145. 7. On the primary agent form that was submitted to the Department on or about January 10, 2007, you, DOLORES MASTRAPA, signed and submitted the form as the only owner of AAA Bail. 8. According to information on file with the Florida Department of State, Division of Corporations, Bail Yes, Inc. was a corporation located at 2299 S.W. 27” Avenue, Suite 200, Miami, Florida that was administratively dissolved on October 1, 2004 for the lack of an annual report. Joe Mastrapa was the President and Secretary of Bail Yes, Inc., which was located at the same address as AAA Bail. Oct 21 2008 3:20 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 21 2665 7:26AM PS 9, According to information on file with the Florida Department of State, Division of Corporations, Bail Yes is a fictitious name that is registered to Surety Financial of America Corporation, 10. According to information on file with the Florida Department of State, Division of Corporations, Surety Financial of America Corporation (“Surety”) is a corporation located at 2299 §.W. 27" Avenue, Suite 200, Miami, Florida, The officers and directors listed for Surety are as follows: . President - Joseph M, Mastrapa, Vice-President and Treasurer ~ Robert D, Mastrapa, and Seerctary and Director ~ Delores M. Mastrapa. 11. Bankers Insurance Company (“Bankers”) is a surety company for whom you, DOLORES MASTRAPA, are an appointed agent. COUNT I 12. The above General Allegations are hereby realleged and fully incorporated herein by reference. 13. On or about July 7, 2006, Matthew King (“Mr, King”) was arrested and jailed in Houston, Texas on two counts. His bail was set at thirty thousand dollars ($30,000.00) on one count and fifteen thousand dollars ($15,000.00) on the second count for a total of forty-five thousand dollars ($45,000.00), 14, Soon after Mr. King’s arrest, his mother, consumer Brenda Sheffield (“Ms. Sheffield”), contacted AAA Bail, to arrange for the issuance of two bail bonds for Mr. King, You, DOLORES MASTRPA, sent an email containing the necessary forms and instructions to Ms. Sheffield. The ‘bail bonds for Mr, King were issued by Bankers through power numbers $27031767-7 and $55015727-2. 15. "Ms. Sheffield, pursuant to your instructions, wired twenty-two thousand, five Oct 21 2008 3:20 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 21 2665 7:26AM Pe hundred dollars ($22,500.00) to AAA Bail. The fax sheet, entitled “Bank Wire Transfer Instructions,” that was utilized in the transaction indicates that the beneficiary of the transfer from Ms, Sheffield was Bail Yes Bonding Agencies, Inc. 16. There are no records on file with the Florida Department of State, Division of Corporations, indicating an entity with the name Bail Yes Bonding Agencies or Bail Yes Bonding Agencics, Inc, ever existed. 17. Bail Yes Bonding Agencies, Inc. and Bail Yes Bonding Agencies are unregistered fictitious names utilized by AAA Bail to transact business. 18. The premium on Mr. King’s bonds was four thousand, five hundred dollars ($4,500.00). ‘The total premium was listed as four thousand, five hundred dollars ($4,500.00) on Bankers premium receipt number 1066281, with zero balance due. 19. The Bankers collateral receipt number [0 or 8}72915 on the transaction with Ms. Sheffield indicates that the only collateral given was an indemnity agreement and promissory note. 20, You, DOLORES MASTRAPA, actually held eighteen thousand dollars ($18,000.00) as additional collateral that was not listed on the collateral receipt. 21, =‘ During the aforementioned transaction you, DOLORES MASTRAPA, were an agent at AAA Bail and conducted business only under your nickname “Loly.” 22, Because Ms. Shefficld was unable to contact Mr. King, she faxed a letter, upon your instructions, to you, DOLORES MASTRAPA, on or about August 22, 2006, asking that the Texas bail bond agent surrender Mr. King and have the bonds discharged. You forwarded this letter to “Madeliene” at the Texas bail bond agency on the same day, The surrender of Mr. King required nothing else from you or your agency. Oct 21 2008 8:21 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 21 2665 BrierAM Pr 23. Mr, King surrendered himself to the court in Harris County, Texas on the following day and the bonds were discharged by the court that same day. 24, The Texas bail bond agent charged four hundred and filty dollars ($450.00) to surrender Mr. King to the court in Harris County, Texas, 25, After Mr. King surrendered and the bonds were discharged, Ms. Sheffield called you, DOLORES MASTRAPA, with regard to obtaining the return of the collateral and any uneamed premium. You, DELORES MASTRAPA, informed Ms, Sheffield that you could not help her because Joe Mastrapa was responsible for all disbursements for the agency. 26. After repeated phone calls to AAA Bail, Ms. Sheffield received a partial return of her collateral in the amount of thirteen thousand, five hundred dollars ($13,500.00). The check for the returned collateral was written through check number 6643 on the “Bail Yes Bonding Agencies Inc., Collateral Account” at Ocean Bank in Miami, Florida. 27. The aforementioned collateral account was the same account into which Ms. Sheffield wired the twenty-two thousand, five hundred dollars ($22,500.00) for Mr, King’s bonds. 28. Jose Miguel Mastrapa, on behalf of AAA Bail, informed Ms. Sheffield that, in addition to the four thousand, five hundred dollars ($4,500.00) premium and the four hundred and fifty dollar ($450.00) surrender fee owed to the Texas hail agent, your company, AAA Bail, retained four thousand dollars ($4,000.00) as a fee for searching for Mr. King. 29, Mr. King voluntarily appeared in court on all dates required by the court. The bonds for Mr. King were never forfeited and a judgment against the bonds was never entered. Mr. King did not violated any term of the bonds or of the indemnity agreement. 30, You, DOLORES MASTRAPA, in your capacity as the owner of AAA Bail Oct 21 2008 8:21 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 21 26658 Brie rAM Pe continue to retain possession of the four thousand, fifty dollars ($4,050.00) allegedly charged for searching for Matthew King, 31, Neither you, DOLORES MASTRAPA, nor any other representative of AAA Bail, responded to Sheffield’s request for an accounting of the four thousand, fifty dollars ($4,050.00). IT 18 THEREFORE CHARGED that you, DOLORES MASTRAPA, 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 a bail bond agent: (a) No surety, bail bond agent, temporary bail bond agent, or managing general agent engaged in the bail bond business shall make any charge, collect, or receive any fee or consideration unless permitted by statute or rule other than the premium based on rates in current use, provided, however, that nothing in this section shall prohibit collateral sceurity or co-indemnity agreements, and provided further than in instances where an additional surety, bail bond agent, or managing general agent located in a county different from the originating agent or bail bond agent executes the bond the premium may additionally include as a part thereof an execution and transfer fee, not to exceed a total of one hundred ($100.00) dollars for any one defendant. [Rule 69B-221.105(1), Florida Administrative Code]. (b) No bail bond agent shall charge, collect, or receive any fee or consideration for services rendered to the. principal or indemnitor in connection with a bail bond, except those fees listed in paragraph (4) and costs necessary to apprehend the principal in the event the principal altempts to flee the jurisdiction of the courts, [Rule 69B-221,105(2), Florida Administrative Code]. Oct 21 2008 8:21 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 21 26658 Brie rAM Po (c) Prohibited fees include, but are not limited to, any costs regarding arrest, transportation, and surrender within the specified jurisdiction of the court, charges for storage, maimtenance or return of collateral, including releases of liens or satisfactions of mortgages, charges for researching case dispositions or obtaining bond discharges or any charge for other services ordinarily performed by a bondsman or their employees in the regular course of business and any other expenses not documented by check or receipt. [Rule 69B-221.105(3), Florida Administrative Code]. (d) 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 money 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 and telephone number of both the surety company and agent. Every bail bond agent must retain, in the individual file for each defendant, a duplicate copy of each reccipt issued as part of their records pursuant to Section 648.36, Florida Statutes. [Rule 69B-221.115, Florida Administrative Code]. (e) All premiums, return premiums, or other funds belonging to insurers or others received by a person Jicensed 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]. Oct 21 2008 8:22 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 21 2668 7:25AM Pla (f) Collateral security or other indemnity accepted by a bail bond agent, except a promissory note ot 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]. (g) | 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). (h) 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 rightfil owner named in the collateral receipt unless another disposition is provided for by legal assignment of the right to receive the collateral (9 another person, [Section 648,442(4), Florida Statutes], (i) Lacks one or more of the qualifications specified in this chapter for a license or appointment. [Section 648.45(2)(a), Florida Statutes]. g) IIas 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). (k) Has demonstrated lack of fitness or trustworthiness to engage in the bail’ bond business. [Section 648.45(2)(e), Florida Statutes]. (ly Has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 648.45(2)(g), Florida Statutes]. Oct 21 2008 8:22 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 21 2688 @7:25AM Pil (m) 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]. (n) 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]. (0) Has demonstrated Jack of good faith in carrying out contractual obligations and agreements. [Section 648.45(2)(1), Florida Statutes]. (p) Has failed to return collateral. [Section 648.45(2)(n), Florida Statutes], (q) 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 safcly be entrusted to him or her. [Section 648.45(2)(p), Florida Statutes]. (r) If a discharge is provided to the surety or the surety's agent pursuant to chapter 903, the collateral shall be returned to the indemmnitor within 21 days after the discharge is provided. [Section 648.571(1), Florida Statutes). (s) Upon demand, following the written request for discharge and upon diligent inquiry by the surety or surety's agent to determine whether the bond has been discharged, the failure of the court to provide a written discharge to the surety or surety's agent pursuant to chapter 903 within 7 days automatically cancels the bond, and the collateral shall be returned to the indermnitor within 21 days after the written request for discharge. [Section 648.571(2), Florida Statutes]. (t) In addition to the criminal penalties and any other penalties provided in this chapter, the department shall impose against any person violating this section an Oct 21 2008 8:22 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 21 2865 @?26AM Pil2 administrative fine of five times the dollar amount of the collateral, [Section 648.571(4), Florida Statutes]. COUNT I ~ 32. The above General Allegations are hereby realleged and fully incorporated herein by reference. 33. On or about April 2, 2007, Tessa Bullington (“Ms, Bullington”) was arrested in Liberty County, lorida. Ms. Bullington’s bail was set at twenty-five hundred dollars ($2,500.00). 34, On or about April 2, 2007 after Ms. Bullington’s arrest, her tather, consumer Bruce Bullington (*Mr, Bullington”), called a telephone number for bail bond agent listed in the Bristol, Liberty County, Florida telephone book to arrange for the issuance of a bail bond for his daughter. 35.‘ By calling the number in the Bristol telephone book, Mr. Bullington was directed to AAA Bail in Miami to obtain the bond for Ms. Bullington. The bail bond was issued by Bankers through power number 560410746-6. 36. Mr. Bullington paid $2,500.00 by credit card to “Bail Yes.” 37. Bail Yes is utilized by AAA Bail to transact business. 38, As alleged in Paragraph 7 above, Bail Yes, Inc. is an entity that no longer exists pursuant to the Florida Secretary of State’s records. 39. The premium’ on Ms. Bullington’s bond was two hundred fifty dollars ($250.00), The total premium was listed as two hundred fifty dollars ($250.00) on Bankers premium receipt number 1140569 with zero balance duc. 40. The Bankers collateral receipt number 272367 on the transaction with Mr. Oct 21 2008 $:23 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 21 2668 @7:25AM Pls Bullington indicates that the only collateral given was an indemnity agreement and promissory note. You, DOLORES MASTRAPA, as the owner of AAA Bail, actually held two thousand, two hundred fifty dollars ($2,250.00) as additional collateral that was not listed on the collateral receipt. 41. During the aforementioned transaction you, DOLORES MASTRAPA, were the primary bail bond agent at AAA Bail, 42, On or about May 25, 2007, Ms. Bullington’s case was dismissed. 43. On or about June 7, 2007, Mr. Bullington sent a letter to your, DOLORES MASTRAPA’s, bail bond agency that included the relevant court documents showing that the case had been dismissed. In that letter, Mr, Bullington made a demand for the return of his collateral, 44, Over the next couple of months, Mr. Bullington made several inquiries and further requests for the return of the collateral. 45, On or about September 19, 2007, Joe Mastrapa wrote check number 1140 on Surety’s Wachovia Bank account for two thousand, one hundred and fifty dollars ($2,150.00) to Mr. Bullington for “Bullington, Tessa — Refund.” 46. You, DOLORES MASTRAPA, in your capacities as owner and primary agent of AAA Bail/Bail Yes, continue to retain possession of the one hundred dollars ($100.00) of collateral on Ms. Bullington’s bond. 47. Ms, Bullington voluntarily appeared in court on any and all dates required by the court, The bonds for Ms, Bullington were never forfeited and a judgment against the bonds was never entered. Ms, Bullington did not violated any term of the bonds or of the indemnity agreement, Oct 21 2008 $:23 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 21 2885 @?r2oAM P14 48. Neither you, DOLORES MASTRAPA, nor any other representative of AAA Bail/Bail Yes has responded to Mr, Bullington’s numerous requests for information regarding an accounting or return of the one hundred dollars ($100.00) retained by you. IT JS THEREFORE CHARGED that you, DOLORES MASTRAPA, 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 money 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 and telephone number of both the surety company and agent. Every bail bond agent must retain, in the individual file for each defendant, a duplicate copy of each receipt issued as part of their records pursuant to Section 648.36, Florida Statutes. [Rule 69B-221.1 14, Florida Administrative Code]. (b) 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]. Oct 21 2008 $:23 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 21 28658 @?i29AM Pils (c) 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 retuned in the same condition as received. [Section 648.442(1), Florida Statutes], (d) | 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]. (e) When the obligation of the surety on the bond or bonds has been released in writing by the court, the collateral shail be retuned 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]. (f) Lacks one or more of the qualifications specified in this chapter for a license or appointment. [Section 648.45(2)(a), Florida Statutes]. (zg) 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) Has 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 ot appointment. [Section 648.45(2)(g), Florida Statutes]. Oct 21 2008 $:24 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 21 2865 87:38AM P16 (j) 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]. (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)(j), Florida Statutes]. dy 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) _Has demonstrated a course of conduct or practices which indicate that the licensee is incompetent, negligent, or dishonest or that property or rights of clienis cannot safely be entrusted to him or her. [Section 648.45(2)(p), Florida Statutes], (0) If'a discharge is provided to the surety or the surety's agent pursuant to chapter 903, the collateral shall be returned to the indemmitor within 21 days after the discharge is provided. [Section 648.571(1), Florida Statutes}. (p) Upon demand, following the written request for discharge and upon diligent inquiry by the surety or surety's agent to determine whether the bond has been discharged, the failure of the court to provide a written discharge to the surety or surety's agent pursuant to chapter 903 within 7 days automatically cancels the bond, and the collateral shall be returned to the indemnitor within 21 days after the written request for discharge, [Section 648.571(2), Florida Statutes]. (q) Tn addition to the criminal penalties and any other penalties provided in this chapter, the department shall impose against any person violating this section an Oct 21 2008 $:24 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 21 2668 7:36AM P17? administrative fine of five times the dollar amount of the collateral. [Section 648.571(4), Florida Statutes]. COUNT IIT 49. The above General AJlegations are hereby realleged and fully incorporated herein by reference, 50. On or about May 16, 2007, the Department received a complaint from bail agent James M. Viola (“Mr. Viola”) alleging that you, DOLORES MASTRAPA, were utilizing an internet website to promote your bail bond business. The website in question is reached at the domain name “www.sunshinestatebailbond.com.” 51. The domain name www.sunshinestatebailbonds.com is the internet website for Sunshine State Bail Bonds, Inc. (“Sunshine”), Mr. Viola’s bail bond agency and your, DOLORES MASTRAPA’s, competitor, 52, You, DOLORES MASTRAPA, under the name Dolores Font, one of your aliases, registered the domain name www.sunshinestatebailbond.com through GoDaddy.com, an online domain registration service. 53, You, DOLORES MASTRAPA, acquired the domain name www.sunshinestatebailbond.com about four (4) years after Sunshine acquired and began using the domain name www.sunshinestatebailbonds.com. 34. The appearance of your, DOLORES MASTRAPA’s, website at www.sunshinestatcbailbond.com is deceptively similar to the content and appearance of Wwww.sutshinestatebailbonds.com. 55. The layout and color scheme of the two websites is strikingly similar. 36. The authentic Sunshine website includes references to and images of “the Bounty Oct 21 2008 $:24 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 21 2665 87:38AM P1s Girls.” a well: known group of bail bond agents at Sunshine, and your www.sunshinestatebailbond,com website contains references to “The Bounty Girls of Miami.” 57. Consumers are likely to be confused and/or deceived by your website at www. sunshinestatebailbond.com, 58. Further, when customers called telephone numbers linked to your website, www.sunshinestatebailbond.com, and asked to speak to Mr. Viola or a Sunshine employee, you, DOLORES MASTRAPA, or your employee, would not indicate that the consumer had a wrong number or was mistaken or confused. You, DOLORES MASTRAPA, or your employee, would represent that the individual requested was simply wiavailable and refer the consumer to someone in your agency. 59, This ruse was perpetrated to secure the caller's business for yourself and: your business, thereby earning the relevant commission, IT IS THEREFORE CHARGED that you, DOLORES MASTRAPA, 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) Any misleading or false advertisement or deceptive trade practice is prohibited as provided in part IX of chapter 626. [Section 648.44(6)(b), Florida Statutes]. (b) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 626.951 or s. 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance, [Section 626.9521(1), Florida Statutes]; (c) Knowingly making, publishing, disseminating, circulating, or placing before the Oct 21 2008 $:24 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 21 2668 7:31AM P13 public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public: 1. In a newspaper, magazine, or other publication, 2. In the form of a notice, circular, pamphlet, letter, or poster, 3. Over any radio or television station, or 4. In any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance, which is untrue, deceptive, or misleading. [Section 626.9541(1)(b), Florida Statutes]; (d) Knowingly making a false or fraudulent written or oral’ statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)1, Florida Statutes]. COUNT IV. 60, The above General Allegations are hereby realleged and fully incorporated herein by reference. 61. Before January 10, 2007, you, DOLORES MASTRAPA, were operating AAA Bail as bail bond agency. 62. Before January 10, 2007, no primary agent form.for AAA Bail was submitted to the Department. 63: | When a primary agent form was submitted to the Department on or about Januaty 10, 2007, you, DOLORES MASTRAPA, were designated as the primary agent for AAA Bail. 64, You, DOLORES MASTRAPA, have not designated a primary bail bond agent for any of the entities or agencies referenced in paragraphs 8, 9, 10, of 17, above, which you own and/or operate, IT IS THEREFORE CHARGED that you, DOLORES MASTRAPA, have violated or are Oct 21 2008 3:25 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 21 2865 87:31AM Pee 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) 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 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]. (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), Florida Statutes]. WHEREFORE, you, DOLORES MASTRAPA, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appointments as a limited surety (bail bond) agent or to impose such penalties as may be provided under the provisions of Sections 648.442, 648.45, 648.49, 648.50, 648.51, 648.52, 648.53 and 648.571, Florida Statutes, and under the other referenced Sections of the Florida Statutes and the Florida Administrative Code as set out in this Administrative Complaint. Additionally, the Department intends to enter an order to cease and desist from violation of Chapter 626, Parl IX, Florida Statutes, You are further notified that any order entered in this Oct 21 2008 3:25 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 21 2688 G7: 31AM Pet case revoking or suspending any license or eligibility for licensure held by you shall also apply to all other licenses and cligibility 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 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 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 TQ 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 Oct 21 2008 3:26 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 21 2668 7:32AM P22 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, [fa 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 Oct 21 2008 3:26 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 21 2668 7:32AM Pes 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_//" cc day Lyptambt , 2008, TAMMY TES@ON Deputy Chief Financial Officer Nevin aot on Oct 21 2008 3:26 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 21 2665 87:32AM P24 CERTIFICATE OF SERVICE IWEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to: DOLORES MASTRAPA 7300 Southwest 19" Terrace Miami, FL 33155-1597 DOLORES MASTRAPA cfo AAA Bail Yes Bonding Agencies Inc. 2299 SW 27TH AVE Miami, Florida 33145-3497 4h by U.S. Certified mail, restricted delivery, return receipt requested, this Ae. day of , 2008, Thomas A. “Tad” David, Esq. Florida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, llorida 32399-0333 (850) 413-4164 Florida Bar Number 0706868 22

Docket for Case No: 08-005236PL