FILED MAY 6 2010 REPRE Nt ALEX SINK LENSE Dacteted by HL IN THE MATTER OF: MARY JESSICA LIVINGSTON CASE NO.: 108117-09-AG A/K/A Mary Jessica Houston / ADMINISTRATIVE COMPLAINT TO: MARY JESSICA LIVINGSTON 6681 Highland Pines Circle Fort Myers, Florida 33966 MARY JESSICA LIVINGSTON c/o Liberty Bail Bonds 2438 Fowler Street Fort Myers, Florida 33901 You, MARY JESSICA LIVINGSTON, 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 (2-34) in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 648, Florida Statutes, you, MARY JESSICA LIVINGSTON, currently are licensed in this state as a limited surety (bail bond) (2-34) agent (License Number A156842), 2. At all times pertinent to the dates and occurrences referred to herein, you, MARY JESSICA LIVINGSTON, were licensed in this state as a limited surety (bail bond) (2-34) agent. 3, Pursuant to Chapter 648, Florida Statutes, and the Florida Insurance Code, the Florida Department of Financial Services (“Department”) has jurisdiction over your bail bond Filed February 7, 2011 2:00 PM Division of Administrative Hearings agent license, appointments and eligibility for licensure. 4. You, MARY JESSICA LIVINGSTON, were conducting bail bond business through Liberty Bail Bonds at 2438 Fowler Street, Fort Myers, Florida (“Liberty”) at all times pertinent to the allegations in this Administrative Complaint. COUNT I 5. The above General Allegations are hereby realleged and fully incorporated herein by reference. 6. On or about June 16, 2009, consumer Larry J. Erb (“Mr. Erb”) was arrested and transported to the Lee County, Florida Jail. Mr. Erb’s bail was set at two thousarid, five hundred dollars ($2,500.00) on one count and one thousand dollars ($1,000.00) on another count for a total of three thousand, five hundred dollars ($3,500.00). 7. Without any contact from Mr. Erb or a potential indemnitor on his behalf, you, MARY JESSICA LIVINGSTON, wrote and posted the bond for Mr. Erb’s release. 8. The bond was posted through Financial Casualty & Surety, Inc. (“Financial Casualty”) power numbers FCS5-435920 and FCS5-435921. 9. Written information from you, MARY JESSICA LIVINGSTON, including the bail bond documents and a business card from Liberty, was given to Mr. Erb while he was on the jail grounds without any contact from Mr. Erb or a potential indemnitor on his behalf. 10. You, MARY JESSICA LIVINGSTON, directly or indirectly solicited business in or on the property or grounds of a jail. 11. Mr. Erb stated that he signed the bail bond documents presented to him by the jail personnel, because he assumed his mother or his girlfriend had bailed him out. After his release, Mr. Erb called his mother and she stated that she did not bail him out. 12, When Mr. Bb contacted his girlfriend, she stated that she did not bail him out, either, Mr, Erb then requested his girlfriend to come pick him up from the jail. 13. Mr. Erb contacted Liberty at the number on the business card provided at the jail and was told by a male employee that he needed to come to Liberty’s office. 14. | When Mr. Erb went to Liberty’s office, he was instructed to complete more paperwork and was given 24 hours to come up with the money requested in connection to the bail bond transaction, 15. Subsequently, someone on Mr. Erb’s behalf paid three hundred fifty dollars ($350.00) for the premium on the bail bond. IT IS THEREFORE CHARGED that you, MARY JESSICA LIVINGSTON, 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) Directly or indirectly solicit business in or on the property or grounds of a jail, prison, or other place where prisoners are confined or in or on the property or grounds of any _ court, The term “solicitation” includes the distribution of business cards, print advertising, or other written or oral information directed to prisoners or potential indemnitors, unless a request is initiated by the prisoner or a potential indemnitor. Permissible print advertising in the jail is strictly limited to a listing in a telephone directory and the posting of the bail bond agent's or agency's name, address, and telephone number in a designated location within the jail. [Section 648.44(1)(b), Florida Statutes] b) No person shall directly or indirectly solicit business in or on the property or grounds of a jail, prison, or other place where prisoners are confined, or in or on the property or grounds of a court or any building housing courtrooms. [Rule 69B-221.095(1), Florida Administrative Code] c) Has demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes] d) 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] e) Has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 648.45(2)(g), Florida Statutes] f) 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] COUNT II 16. The above General Allegations are hereby realleged and fully incorporated herein by reference. 17. On or about June 20, 2009, consumer LaToya Trotta (“Ms. Trotta”) was arrested and transported to the Lee County, Florida Jail. . 18. Upon intake, Ms. Trotta was informed by an officer at the jail that she would be retained for 8 hours and then released, unless someone bonded her out. 19. Ms, Trotta’s bail was set at a total of seven hundred fifty dollars ($750.00). 20. Without any contact from Ms. Trotta or a potential indemnitor on her behalf, you, MARY JESSICA LIVINGSTON, wrote and posted the bond for Ms. Trotta’s release. 21. The bond was posted through Financial Casualty power number FCS3-435826. 22, Written information from you, MARY JESSICA LIVINGSTON, including a document instructing Ms. Trotta to check-in at Liberty within forty-eight (48) hours and a business card from Liberty, was given to Ms. Trotta on the jail grounds. 23. You, MARY JESSICA LIVINGSTON, directly or indirectly solicited business in or on the property or grounds of a jail. IT IS THEREFORE CHARGED that you, MARY JESSICA LIVINGSTON, 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) Directly or indirectly solicit business in or on the property or grounds of a jail, prison, or other place where prisoners are confined or in or on the property or grounds of any court. The term “solicitation” includes the distribution of business cards, print advertising, or other written or oral information directed to prisoners or potential indemnitors, unless a request is initiated by the prisoner or a potential indemnitor. Permissible print advertising in the jail is strictly limited to a listing in a telephone directory and the posting of the bail bond agent's or agency's name, address, and telephone number in a designated location within the jail. [Section 648.44(1)(b), Florida Statutes] b) No person shall directly or indirectly solicit business in or on the property or grounds of a jail, prison, or other place where prisoners are confined, or in or on the property or grounds of a court or any building housing courtrooms. [Rule 69B-221.095(1), Florida Administrative Code] 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)(), Florida Statutes] d) Has demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes] e) Has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 648.45(2)(g), Florida Statutes] f) 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] COUNT III | 24. The above General Allegations are hereby realleged and fully incorporated herein by reference. 25, On or about June 20, 2009, consumer Alice Ann Freeman (“Ms. Freeman”) was arrested and booked into the Lee County, Florida Jail. 26. Ms. Freeman’s bail was set at a total of seven hundred fifty dollars ($750.00). 27. Without any contact from Ms. Freeman or a potential indemnitor on her behalf, you, MARY JESSICA LIVINGSTON, wrote and posted the bond for Ms. Freeman’s release. 28. Ms. Freeman’s bond was posted through Financial Casualty power number FCS3- 435827, 29. Written information from you, MARY JESSICA LIVINGSTON, including a document instructing Ms. Freeman to check-in at Liberty as soon as possible with one of Liberty’s business cards attached to the document, was given to Ms. Freemen on the jail grounds, 30. You, MARY JESSICA LIVINGSTON, directly or indirectly solicited business in _or on the property or grounds of a jail. IT IS THEREFORE CHARGED that you, MARY JESSICA LIVINGSTON, 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) Directly or indirectly solicit business in or on the property or grounds of a jail, prison, or other place where prisoners are confined or in or on the property or grounds of any court, The term “solicitation” includes the distribution of business cards, print advertising, or other written or oral information directed to prisoners or potential indemnitors, unless a request is initiated by the prisoner or a potential indemnitor. Permissible print advertising in the jail is strictly limited to a listing in a telephone directory and the posting of the bail bond agent's or agency's name, address, and telephone number in a designated location within the jail. [Section 648.44(1)(b), Florida Statutes] b) No person shall directly or indirectly solicit business in or on the property or grounds of a jail, prison, or other place where prisoners are confined, or in or on the property or grounds of a court or any building housing courtrooms. [Rule 69B-221.095(1), Florida Adininistrative Code] c) Lacks one or more of the qualifications specified in this chapter for a license or appointment, [Section 648.45(2)(a), Florida Statutes]. d) Has demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), 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] f) 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] COUNT IV 31. The above General Allegations are hereby realleged and fully incorporated herein by reference. 32. On or about June 19, 2009, consumer Nancy Eugenia Ippolito (“Ms. Ippolito”) was atrested and booked into the Lee County, Florida Jail. 33, Ms. Ippolito’s bail was set at one thousand dollars ($1,000.00) for each of two counts, for a total bail of two thousand dollars ($2,000.00). 34. Without being contacted by Ms. Ippolito or anyone on her behalf, you, MARY JESSICA LIVINGSTON, wrote and posted the bail bond for Ms. Ippolito’s release. 35. You, MARY JESSICA LIVINGSTON, posted Ms. Ippolito’s bond through Financial Casualty power numbers FCS3-435819 and FCS3-435820. 36. Written information from you, MARY JESSICA LIVINGSTON, including the bail bond documents and a business card from Liberty, was given to Ms, Ippolito on the jail grounds. 37, You, MARY JESSICA LIVINGSTON, directly or indirectly solicited business in or on the property or grounds of a jail. 38, | When Ms. Ippolito contacted Liberty she was informed that Liberty bonded her out after finding Ms. Ippolito’s arrest and bail information online. Ms. Ippolito was informed further that since the bail premium was less than three hundred dollars ($300.00) Liberty automatically posted the bond without any contact from Ms, Ippolito or a potential indemnitor on her behalf. 39. | When Ms. Ippolito was unable to pay the premium, you, MARY JESSICA LIVINGSTON, and Liberty employees at your direction, arrested and surrendered her back into the custody of the Lee County Jail. IT IS THEREFORE CHARGED that you, MARY JESSICA LIVINGSTON, 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) Directly or indirectly solicit business in or on the property or grounds of a jail, prison, or other place where prisoners are confined or in or on the property or grounds of any court. The term “solicitation” includes the distribution of business cards, print advertising, or other written or oral information directed to prisoners or potential indemnitors, unless a request is initiated by the prisoner or a potential indemnitor. Permissible print advertising in the jail is strictly limited to a listing in a telephone directory and the posting of the bail bond agent's or agency's name, address, and telephone number in a designated location within the jail. [Section 648.44(1)(b), Florida Statutes] b) No person shall directly or indirectly solicit business in or on the property or grounds of a jail, prison, or other place where prisoners are confined, or in or on the property or grounds of a court or any building housing courtrooms. [Rule 69B-221.095(1), Florida Administrative Code] c) Lacks one or more of the qualifications specified in this chapter for a license or appointment. [Section 648.45(2)(a), Florida Statutes] d) Has demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), 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] f) Violation of any law relating to the business of bail bond insurance or vidlation of any provision of the insurance code. [Section 648.45(3)(c), Florida Statutes] WHEREFORE, you, MARY JESSICA LIVINGSTON, 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, including administrative fines and restitution, as may be provided under the provisions of Sections . 648.387, 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 648, Florida Statutes. 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 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 DFS Agency Clerk, Julie Jones, Florida Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0390, Your written response must be received by the Department no 10 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 shail 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 lo day of May , 2010. a nn — wye i UVM, , , mg CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to: MARY JESSICA LIVINGSTON 6681 Highland Pines Circle Fort Myers, Florida 33966 MARY JESSICA LIVINGSTON c/o Liberty Bail Bonds 2438 Fowler Street Fort Myers, Florida 33901 Oy Certified Mail, restricted delivery, return receipt requested, this 6 fh day of ag. , 2010. ae Thomas A, “Tad” David, Esq. Florida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4164 Florida Bar Number 0706868 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: MARY JESSICA LIVINGSTON CASE NO.: 107489-09-AG ELECTION OF PROCEEDING IT 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 I understand my options. I am requesting disposition of this matter as indicated below. (CHOOSE ONE) 1 C] I do not dispute any of the Department’s factual allegations and I do not desire a hearing. I understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my licenses and appointments as may be appropriate. 2. I do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with Section 120.57(2), Florida Statutes. In this regard, I desire to (CHOOSE ONE): [] Submit a written statement and documentary evidence in lieu of a hearing; or [] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or [] Attend that same hearing by way of a telephone conference call. 3.[] I do dispute one or more of the Department's factual allegations, I hereby request a hearing pursuant to Section 120,57(1), Florida Statutes, to be held before the Division of Administrative Hearings, I have attached to this election form the information required by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (c) of the Notice of Rights. Specifically, I have identified the disputed issues of material fact. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: DFS Agency Clerk, Julie Jones, Florida Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0390, Signature Print Name Date: Address: Date Administrative Complaint Received: If you are represented by an attorney or qualified Phone No.: representative, please attach to this election form his or her name, address, telephone and fax numbers Fax No.: 14

Docket for Case No: 11-000583PL