May 4 2009 14:34 FROM = DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 May. G4 2669 1:44PM Pe MAY 04 2009 REPRESENTING , CE —) ALEX SINK Docketed by. 2" CHIEF FINANCIAL OFC ER STATE. OF FLORIDA IN THE MATTER OF: CASE NO.: 88761-07-AG CARMEN MARIA HERNANDEZ / ADMINISTRATIVE COMPLAINT TO: CARMEN MARIA HERNANDEZ 12695 Northwest 11" Street Miami, llorida 33182 CARMEN MARIA HERNANDEZ c/o RICHARD B. MARX 66 West Flagler Street Concord Building, 2% Floor Miami, Florida 33130 You, CARMEN MARIA HERNANDEZ, 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 (bail bond) agent in this state and as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 648, Florida Statutes, you, CARMEN MARIA HERNANDEZ, currently are licensed in this state as a limited surely (bail bond) agent, and were May 4 2009 14:34 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr May. 84 2689 @1:44PM PS so licensed at all times relevant to the dates and occurrences referenced herein. Your license identification number is A117272. 2. Pursuant to Chapter 648, Florida Statutes, the Florida Department of Financial Services (hereinafter referred to as the “Department”) has jurisdiction over your license and appointments. 3. At all times relevant to the dates and occurrences referenced herein you, CARMEN MARIA HERNANDEZ, were employed by Curly’s Bail Bond located at 1674 NW 17" Avenue, Miami, Florida 33125. 4 At all times relevant to the dates and occurrences referenced herein, Issiac Rivers, was not licensed as a limited surety (bail bond) agent in the State of Florida. COUNT ! 5. The above General Allegations are hereby realleged and fully incorporated herein by reference. 6. On or about February 17, 2006, Elease Herrington Williams went to Bonsai’s Rail Bonds located at 2050 NW 6" Street, Fort Lauderdale, Florida to arrange bail for her cousin, Michelle Herrington, who was incarcerated. 7. At that time and place, Elease Herrington Williams entered into a transaction with employee Issiac Rivers. 8. At that time and place, Issiac Rivers collected four hundred dollars ($400.00) from Elease Herringion Williams for the bond. Elease Herrington Williams agreed to pay the remaining fifty dollar ($50.00) balance in the future. 9, At that time and place, Issiac Rivers completed a Bailbond Release Payment form indicating that Elease Herrington Williams had paid four hundred dollars ($400.00) and that May 4 2009 14:34 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr May. 84 2663 81:45PM P4 there was a fifty dollar ($50.00) remaining balance. The form is signed by Issiac Rivers and dated February 17, 2006. 10, Three appearance bonds (power numbers 2006AA009257, 2006AA009258, and 90064A009259) for defendant Michelle Herrington were posted on Iebruary 17, 2006, and signed by you, CARMEN MARIA HERNANDEZ. 11. You, CARMEN MARIA HERNANDEZ, aided and abetted Issiac Rivers, an unlicensed person, in the transaction of bail bond business. IT I8 THEREFORE CHARGED that you, CARMEN MARIA HERNANDEZ, have violated or are accountable under one or more of the following provisions of the l'lorida Insurance Code, and Rules of the Department of Financial Services, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code ot any order or rule of the department, commission, or office. [Section 626.621(12), Florida Statutes] (b) 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] (c) Has demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statules| (d) Has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 648.45(2)(g), Florida Statutes] May 4 2009 14:34 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr May. 84 2663 61:45PM PS (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] (f) 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 safely be entrusted to him or her. [Section 648.45(2)(p), Florida Statutes] (g) 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] (h) 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 IT 12. The above General Allegations are hereby realleged and fully incorporated herein by reference. 13. ‘The business address that you, CARMEN MARIA HERNANDEZ, have filed with the Department of Financial Services is 1674 Northwest 17" Avenue, Miami, Florida 33125. 14, On or about August, 2006, you, CARMEN MARIA HERNANDEZ, moved your business address from 1674 Northwest 17" Avenue, Miami, Florida 33125. 15. You, CARMEN MARIA HERNANDEZ, never notified the Department of Financial Services in writing of your address change. IT IS THEREFORE CITARGED that you, CARMEN MARIA HERNANDEZ, have violated or are accountable under one or more of the following provisions of the Florida May 4 2009 14:35 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 64 2669 1:45PM Pe Insurance Code, and Rules of the Department of Financial Services, which constitutes grounds for the suspension or revocation of your licenses as a limited surety (bail bond) agent in this state: (a) Each licensee under this chapter shall notify in writing the department, imsurer, managing general agent, and the clerk of each court in which the licensee is rcpistered within 10 working days after a change in the licensee’s principal business address or telephone number. The licensee shall also notify the department within 10 working days after the change of the name, address, or telephone number of each agency or firm for which he or she writes bonds and any change in the licensee’s name, home address, or telephone number. [Section 648.421, 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] WHEREFORE, you, CARMEN MARIA HERNANDEZ, 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 Chapter 648, 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 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. May 4 2009 14:35 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 64 2669 1:46PM Pr 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 receiyed 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 tespondent (if any) upon whom service of pleadings and other papers shall be made. May 4 2009 14:35 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 84 2669 1:46PM Pe (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-exarnine 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, onc 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 procecdings 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 nolice 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 communteation 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. May 4 2009 14:36 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 64 2669 1:46PM Pao 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. DATED and SIGNED this _/S/4 day of (J/ALCO LL. 2007. Deputy Chief Financial Officer May 4 2009 14:36 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 64 26639 1:47PM Pla CERTIFICATE OF SERVICE [HEREBY CERTIFY that a true and correet copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has heen furnished to: CARMEN MARIA HLRNANDLZ, 12695 Northwest 11 Strect, Miami, Florida 33182, and CARMEN MARIA HERNANDEZ, c/o RICHARD B. MARX, 66 West Flagler Street, Concord Building, 2 Floor, Miami, Florida 33130, by Certified Mai] this , 4 day of 2009, efsion of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4210 Florida Bar Number 689793 May 4 2009 14:36 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 64 2689 @1:47PM Pil STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAT. SERVICES IN THE MATTER OF: CARMEN MARTA HERNANDEZ CASE NO.: 88761-07-AG / ELECTION OF PROCEEDING [have received and have read the Administrative Complaint filed by the Florida Department of Financial Services ("Department") against me, including the Notice of Rights contained therein, and J understand my options, | am requesting disposition of this matter as indiculed helow. (CHOOSE ONE) LJ} T do not dispute any of the Department's factual allegations and | clo not desire a hearing. I understand that by waiving my right to a hearing, the Department may cnler a final order (hat adopts the Administrative Complaint and imposes the sanctions sought, including suspending of revoking my licenses and appoinuments as may be appropriate, 2. 1 do not dispute any of the Department's factual allegations and 1 hereby elect a proceeding to be conducted in accordance with Section 120.57(2), Florida Statutes, In this regard, I desire to (CHOOSE ONE): LJ Submit a written statement and documentary evidence in licu of a hearing; or {| Pergonally attend a heuring conducted by a department hearing officer in Tallahassee; or | Attend that same hearing by way of a telephone conference call, 3.0] I do dispute one or more of the Department's factual allegations. [ hereby request a hearing pursuant to Section 120,57(1), Florida Statutes, lo he held before the Division of Administrative Hearings. I have attached lo this election form the information required by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (c) of the Nolice of Rights. Specifically, T have identified the disputed issues of material fact. TO PRESGRVE YOUR RIGHT TO A [IEARING, YOU MUST FILE YOUR RESPONSE WITH ‘THE DEPARTMENT Ol FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT, THR RESPONSE MUST BE RECEIVED RY THE DEPARTMENT NO LATER THAN 8:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT, The address for filing is: General Counsel acting as Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200 ast Caines Street, Tallahassec, Florida 32399-0333. Signature “me ™ . Print Name Tate: ne . . . Address; 1ute Administrative Complaint Received: If you are represented by an attorney or qualified Phone No.: hon representative, please attach to this election form his or her name, address, telephone and fax numbers Fax No. _. 10

Docket for Case No: 09-002355PL