FILED ei DEC 27 2012 CHIEF FINANCIAL OFFICER JEFF ATWATER Docketed AR STATE OF FLORIDA IN THE MATTER OF: TAYRA PARKER CASE NO.: 128531-12-AG / ADMINISTRATIVE COMPLAINT TAYRA PARKER 7348 Crill Ave. Palatka, FL 32177 You, TAYRA PARKER, license I.D. #W041814, 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 an agent in this state, as a result of which it is alleged, in the alternative to the Amended Notice of Denial: BACKGROUND 1. On or around May 14, 2012, you, TAYRA PARKER, filed an application for licensure as a bail bond agent (“Application”) with the Department. 2. Due to a processing error, you, TAYRA PARKER, were erroneously authorized to take the examination for licensure. Subsequently, when you, TAYRA PARKER, passed the examination on May 29, 2012, your bail bond agent license was issued in error. 3, On June 5, 2012, the Department informed you, TAYRA PARKER, that: 1) due to a processing error, you were erroneously authorized to take the examination for licensure; and 2) when you, passed the examination on May 29, 2012, your bail bond agent license was issued in error. ) 4. On August 9, 2012, Department denied your Application. 5, You, TAYRA PARKER, through your attorney, requested a hearing in relation to the Notice of Denial, and filed a motion to dismiss (“Motion”) the Notice of Denial. 6. In your request for hearing and Motion you, TAYRA PARKER, asserted that: 1) the Department had issued you a bail bond agent license; and 2) the Notice of Denial was moot. You, in separate correspondence from your attorney, indicated that the Department’s course of redress was to revoke the bail bond agent license that was issued to you. 7. If you, TAYRA PARKER, are correct, then: 1) you currently hold a bail bond agent’s license; 2) the Department’s Notice of Denial is moot; 3) this Administrative Complaint is operative; and 4) the Administrative Complaint will be litigated at the Division of Administrative Hearings (““DOAH”). 8. If you, TAYRA PARKER, are incorrect, then: 1) you currently hold a temporary bail bond agent’s license; 2) the Department’s Notice of Denial is operative; and 3) the Notice of Denial will be litigated at the DOAH. 9. It is the Department’s position that you, TAYRA PARKER, currently hold a temporary bail bond agent’s license, that the Department’s Notice of Denial is operative, and that the Notice of Denial will be litigated at DOAH. However, in the alternative, the Department files this Administrative Complaint in case it is determined that you, TAYRA PARKER, currently hold a bail bond agent’s license and that the Department’s Notice of Denial is moot. GENERAL ALLEGATIONS 10. Pursuant to Chapter 648, Florida Statutes, you, TAYRA PARKER, are currently licensed in this state as either a temporary limited surety agent (“temporary bail bond agent”) or a limited surety agent (“bail bond agent”). 11, Pursuant to Chapter 648, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over your licenses and your eligibility for licensure as a bail bond agent. COUNT I 12, The above general allegations are hereby realleged and fully incorporated herein by reference. 13, At all times material hereto, you, TAYRA PARKER, were employed as a temporary bail bond agent with Chuck’s Bail Bonds, Inc. (“Chuck’s Bail Bonds”), 14, At all times material hereto, you, TAYRA PARKER, usually worked at Chuck’s Bail Bonds from 9-5, Monday through Friday. 15. At all times material hereto, you, TAYRA PARKER, were the sole signatory on Chuck’s Bail Bonds’ collateral bank account at Putnam State Bank (account ending 77). 16. At all times material hereto, you, TAYRA PARKER, were the sole signatory on Chuck’s Bail Bonds’ operating bank account at Putnam State Bank (account ending 94). 17, At all times material hereto, you, TAYRA PARKER, were the operator of Chuck’s Bail Bonds. 18. On or about June 9, 2010, Dale Ingram (“Ingram”) was indicted by the Grand Jury in the U.S, District Court, Middle Court of Florida, with one felony count of aiding and abetting a convicted felon with the Unlawful Transport of Firearms. 19, On July 26, 2010, the Department issued a Notice of Temporary ‘Suspension against Ingram, temporarily suspending her bail bond agent license. 20. On January 12, 2011, Ingram was adjudicated guilty of Aiding and Abetting a Convicted Felon with the Unlawful Transport of Firearms, a felony, in the United States District Court, Middle District of Florida. 21. On May 23, 2011, the Department issued an Order of Revocation against Ingram, revoking Ingram’s bail bond agent license. 22. Ingram is your mother. 23. At all times material hereto, you, TAYRA PARKER, knew that Ingram’s bail bond license was revoked by the Department. 24, At all times material hereto, Ingram worked at Chuck’s Bail Bonds from 9-5, Monday through Friday. 25. Atall times material hereto, you, TAYRA PARKER, knew that Ingram worked at Chuck’s Bail Bonds from 9-5, Monday through Friday. 26. At all times material hereto, Ingram wrote bail bonds and filled out bail bond related documents at Chuck’s Bail Bonds when you were not at Chuck’s Bail Bonds. 27. Atall times material hereto, you, TAYRA PARKER, knew that Ingram wrote bail bonds and filled out bail bond related documents at Chuck’s Bail Bonds when you were not at Chuck’s Bail Bonds. 28. At all times material hereto, you, TAYRA PARKER, knew that Ingram was not permitted to write bail bonds or fill out bail bond related documents. 29. At all times material hereto, Ingram worked on her closeouts when you were physically present at Chuck’s Bail Bonds. 30. At all times material hereto, you, TAYRA PARKER, knew that Ingram worked on her closeouts when you were physically present at Chuck’s Bail Bonds. IT IS THEREFORE CHARGED that you, TAYRA PARKER, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds for the suspension or revocation of your license or appointment as a limited surety (bail bond) agent in this state (if, in fact, it is determined that you hold a limited surety (bail bond) agent in this state): (a) Section 648.45(2)(a), Florida Statutes, which provides that the Department shall deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the-Florida Insurance Code, if it finds that the licensee lacks one or more of the qualifications for the license or appointment as specified in Chapter 648, Florida Statutes. (b) Section 648,.45(2)(d), Florida Statutes, which provides that the Department shall deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code, if it finds that the licensee 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 Florida Insurance Code. (c) Section 648.45(2)(e), Florida Statutes, which provides that the Department shall deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code if the licensee has exhibited a demonstrable lack of fitness or trustworthiness to engage in the bail bond agent business. (d) Section 648.45(2)(f), Florida Statutes, which provides that the Department shall deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code if the licensee has demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (e) Section 648.45(2)(g), Florida Statutes, which provides that the Department shall deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code if the licensee has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. (f) Section 648.45(2)(j), Florida Statutes, which provides that the Department shall deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code if the licensee 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 Florida Insurance Code, (g) Section 648.45(2)(p), Florida Statutes, which provides that the Department shall deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code if the licensee 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. (h) Section 648.45(3)(a), Florida Statutes, which provides that the Department may deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code if a cause for which issuance of the license or appointment could have been refused had it then existed and been known to the department. (i) Section 648.45(3)(c), Florida Statutes, which provides that the Department may deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code if the licensee violates any law relating to the business of bail bond insurance or violation of any provision of the Florida Insurance Code. g) Section 648.45(3)(e), Florida Statutes, which provides that the Department may deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code if the licensee is 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. . (k) — Section 648.441(1), Florida Statutes, which provides that an insurer, managing general agent, bail bond agent, or temporary bail bond agent appointed under this chapter may “not furnish to any person any blank forms, applications, stationery, business card, or other supplies to be used in soliciting, negotiating, or effecting bail bonds until such person has received from the department a license to act as a bail bond agent and is appointed by the insurer. This section does not prohibit an unlicensed employee, under the direct supervision and control of a licensed and appointed bail bond agent, from possessing or executing in the bail bond agency, any forms, except for powers of attorney, bond forms, and collateral receipts, while acting within the scope of his or her employment. (¢)) Section 648.44(8), Florida Statutes, which provides that a person who has been convicted of or who has pleaded guilty or no contest to a felony or a crime involving moral turpitude or a crime punishable by imprisonment of 1 year or more under the law of any state, territory, or country, regardless of whether adjudication of guilt was withheld, may not act in any capacity for a bail bond agency or participate as a director, officer, manager, agent, contractor, or employee of any bail bond agency or office thereof or exercise direct or indirect control in any manner in such agency or office or own shares in any closely held corporation which has any interest in any bail bond business, (m) Section 648.387(3), Florida Statutes, which provides that the Department may suspend or revoke the license of the owner, operator, and primary bail bond agent if a bail bond agency employs, contracts with, or uses the services of a person who has had a license denied or whose license is currently suspended or revoked. (n) Section 648.387(4), Florida Statutes, which provides that an owner, operator, or primary agent may not employ, contract with, or use the services of any person in a bail bond agency who has been charged with, found guilty of, or pled guilty or nolo contendere to a felony or a crime punishable by imprisonment of 1 year or more under the law of any jurisdiction, without regard to whether judgment was entered or withheld by the court. (0) Section 648,50(3), Florida Statutes, which provides that no person whose license as a bail bond agent or temporary bail bond agent has been revoked or suspended shall be employed by any bail bond agent, have any ownership interest in any business involving bail bonds, or have any financial interest of any type in any bail bond business during the period of revocation or suspension. (p) Section 648,34(2) and (2)(e), Florida Statutes, which provide that to qualify as a bail bond agent, it must affirmatively appear at the time of application and throughout the period of licensure that the applicant has complied with the provisions of s, 648.355 and has obtained a temporary license pursuant to such section, and that the applicant is a person of high character and approved integrity. (q) Section 648.355(1) and (1)(e), Florida Statutes, which provide that the department may, in its discretion, issue a temporary license as a limited surety agent or professional bail bond agent if the applicant is employed full time at the time of licensure, and at all times throughout the existence of the temporary license, by only one licensed and appointed supervising bail bond agent, who supervises the work of the applicant and is responsible for the licensee’s conduct in the bail bond business. COUNT II 31. The above general allegations are hereby realleged and fully incorporated herein by reference. 32. At all times material hereto, you, TAYRA PARKER, wrote bail bonds and filled out bail bond related documents at Chuck’s Bail Bonds. 33, At all times material hereto, you, TAYRA PARKER, usually worked at Chuck’s Bail Bonds from 9-5, Monday through Friday. 34, At all times material hereto, you, TAYRA PARKER, were the operator of Chuck’s Bail Bonds. 35. At all times material hereto, Ray Welch Rich III (“Rich”) was the owner of Chuck’s Bail Bonds, . 36. At all times material hereto, Rich was licensed as a bail bond agent with the Department. 37. Atall times material hereto, Rich was the primary agent at Chuck’s Bail Bonds. 38. Atall times material hereto, Rich was listed as your supervising bail bond agent. 39. Atall times material hereto, Rich did not work at Chuck’s Bail Bonds on a full- time basis. 40. Atall times material hereto, you, TAYRA PARKER, knew that Rich did not work at Chuck’s Bail Bonds on a full-time basis, 41. At all times material hereto, Rich had a full-time job with the St. John’s Water Management District. 42. At all times material hereto, Rich stopped by Chuck’s Bail Bonds two to three times a day. 43, Atall times material hereto, Rich stopped by Chuck’s Bail Bonds during his lunch hour and on during his breaks from his full-time job. 44, At all times material hereto, you, TAYRA PARKER, knew that Rich only stopped by Chuck’s Bail Bonds two to three times a day. 45. At all times material hereto, Rich signed the bail bonds and bail bond related documents that had been written and/or filled out by Ingram and/or you, TAYRA PARKER. 46. At all times material hereto, Rich took the bail bonds and bail bond related documents to the jail. 47, Atall times material hereto, Rich did not supervise you, TAYRA PARKER. 48. Since you, TAYRA PARKER, were not supervised by Rich, you, TAYRA PARKER, among other things, are not qualified to hold a bail bond agent license. IT IS THEREFORE CHARGED that you, TAYRA PARKER, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds for the suspension or revocation of your license or appointment as a limited surety (bail bond) agent in this state (if, in fact, it is determined that you hold a limited surety (bail bond) agent in this state): (a) Section 648.45(2)(a), Florida Statutes, which provides that the Department shall deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code, if it finds that the licensee lacks one or more of the qualifications for the license or appointment as specified in Chapter 648, Florida Statutes. (b) — Section 648.45(2)(d), Florida Statutes, which provides that the Department shall deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code, if it finds that the licensee 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 Florida Insurance Code. (c) Section 648.45(2)(e), Florida Statutes, which provides that the Department shall deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code if the licensee has exhibited a demonstrable lack of fitness or trustworthiness to engage in the bail bond agent business. (d) — Section 648.45(2)(f), Florida Statutes, which provides that the Department shall deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code if the licensee has demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (e) Section 648.45(2)(g), Florida Statutes, which provides that the Department shall deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code if the licensee has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. (f) Section 648.45(2)(), Florida Statutes, which provides that the Department shall deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code if the licensee has willfully failed to comply with or willfully 11 violated any proper order or rule of the department or willfully violated any provision of this chapter or the Florida Insurance Code. (g) Section 648.45(2)(p), Florida Statutes, which provides that the Department shall deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code if the licensee 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. (h) — Section 648.45(3)(a), Florida Statutes, which provides that the Department may deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, , or the Florida Insurance Code if a cause for which issuance of the license or appointment could have been refused had it then existed and been known to the department. (i) Section 648.45(3)(c), Florida Statutes, which provides that the Department may deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code if the licensee violates any law relating to the business of bail bond insurance or violation of any provision of the Florida Insurance Code. @) Section 648.45(3)(e), Florida Statutes, which provides that the Department may deny, suspend, revoke, or refuse to renew any license issued under Chapter 648, Florida Statutes, or the Florida Insurance Code if the licensee is 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. (k) Section 648.34(2) and (2)(e), Florida Statutes, which provide that to qualify as a bail bond agent, it must affirmatively appear at the time of application and throughout the period of licensure that the applicant has complied with the provisions of s. 648.355 and has obtained a 12 temporary license pursuant to such section, and that the applicant is a person of high character and approved integrity. (¢)) Section 648,355(1) and (1)(e), Florida Statutes, which provide that the department may, in its discretion, issue a temporary license as a limited surety agent or professional bail bond agent when the applicant is employed full time at the time of licensure, and at all times throughout the existence of the temporary license, by only one licensed and appointed supervising bail bond agent, who supervises the work of the applicant and is responsible for the licensee’s conduct in the bail bond business. (m) Section 648.355(8)(b), Florida Statutes, which provides that a temporary licensee may not execute or sign bonds, handle collateral receipts, deliver bonds to appropriate authorities, or operate an agency or branch agency separate from the location of the supervising bail bond agent, managing general agent, or insurer by whom the licensee is employed. (n) Section 648.44(4), Florida Statutes, which provides that a place of business, including a branch office, may not be established, opened, or maintained unless it is under the active full-time charge of a licensed and appointed bail bond agent. . WHEREFORE, you, TAYRA PARKER, are hereby notified that the Chief Financial Officer, through his designee, intends to enter an Order suspending or revoking your limited surety (bail bond) agent license (if, in fact, it is determined that you hold a limited surety (bail bond) agent in this state), or to impose such penalties as may be provided under the provisions of Sections 648.45, 648.46, 648.51, 648.52, 648.525, and 648.53, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. NOTICE OF RIGHTS Considering you requested a formal hearing in relation to the Department’s Notice of Denial, the Administrative Complaint is being referred to the Division of Administrative Hearings for a formal hearing along with the Amended Notice of Denial. 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_ QT” day of DNCeEMPEr 2012. Gregory Thomas Director, Agent & Agency Services CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to: TAYRA PARKER, 7348 Crill Ave., Palatka, FL 32177, and Joseph R. Fritz, Esq., 4204 N. Nebraska Ave., Tampa, Fl, 33603, by US Mail this a day of_Decponner_, 2012. 15 f Robert Alan Fox Senior Attorney Department of Financial Services Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4106 :

Docket for Case No: 13-000514