FILED APR 03 2015 Docketed by_ JC _ CHIEF FINANCIAL OFFICER JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: BEVERLY ANN BLANDING CASE NO.: 165249-14-AG / ADMINISTRATIVE COMPLAINT TO: BEVERLY ANN BLANDING 3800 North Nebraska Avenue Tampa, Florida 33603 Beverly Ann Blanding, license 1.D.#A303345, is hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of her 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, Beverly Ann Blanding is currently licensed in this state as a limited surety (bail bond) (2-34) agent (License Number A303345). Beverly Ann Blanding’s license is currently suspended. 2. On February 4, 2014, the Department issued a Consent Order in Case Number 147807-14-AG, suspending Beverly Ann Blanding’s license for a period of three months for executing bail bonds while final judgment remained unpaid for more than thirty-five (35) days. 3. At all times pertinent to the dates and occurrences referred to herein, Beverly Ann Blanding’s license in this state as a limited surety (bail bond) (2-34) agent was suspended. 4. Pursuant to chapter 648, Florida Statutes, and the Florida Insurance Code, the Florida Department of Financial Services (“Department”) has jurisdiction over Beverly Ann Blanding’s bail C) ) bond agent license, appointments and eligibility for licensure. 5. According to the Department’s records, Beverly Ann Blanding owned and/or operated, and conducted bail bond business through Blanding Bail Bonds (“BBB”) at 3800 North Nebraska Avenue, Tampa, Florida 33603, at all times pertinent to the allegations in this Administrative Complaint. 6. According to the Department’s records, Beverly Ann Blanding owned and/or operated, and conducted bail bond business through BBB located at 921 Parker Street #3, Lakeland, Florida 33801, at all times pertinent to the allegations in this Administrative Complaint. 7. According to the Department’s records, Beverly Ann Blanding owned and/or operated, and conducted bail bond business through BBB located at 3596 Tamiami Trail, Port Charlotte, Florida 33952, at all times pertinent to the allegations in this Administrative Complaint. 8. According to the Department’s records, Beverly Ann Blanding was additionally listed as the primary bail bond agent at the 3800 North Nebraska Avenue location of BBB from January 1, 2012, through April 1, 2014. COUNT I 9. The above General Allegations are hereby realleged and fully incorporated herein by reference. 10. On or about November 9, 2012, the Department opened an investigation based on documents provided by Fairmont Specialty Insurance Company. 11. Between February 21, 2014, and March 25, 2014, Beverly Ann Blanding executed a total of one hundred fourteen (114) bonds through Blanding Bail Bonds and Fairmont Specialty Insurance Company. 12. Beverly Ann Blanding’s license was suspended during the entirety of the period in which the above-referenced one hundred fourteen (114) bonds were executed. 7 () oo"! ed 13. Further review and investigation of files at Blanding Bail Bonds revealed that, of twenty-four (24) files reviewed by the Department, Beverly Ann Blanding signed twenty-six (26) of the thirty-two (32) premium receipts contained therein. 14. All bonds in the files reviewed by the Department were executed during the time Beverly Ann Blanding was listed as the primary bail bond agent for Blanding Bail Bonds, located at 3800 North Nebraska Avenue, Tampa, Florida 33603. 15. Beverly Ann Blanding, during the period of her suspension, acted as a primary bail bond agent, held herself out to be and acted as a licensed bail bond agent, conducted bail bond business, effected new bail bond business, and negotiated or accepted premiums on new bail bonds. IT IS THEREFORE CHARGED that Beverly Ann Blanding has violated or is accountable under the following provisions of the Florida Insurance Code and Rules of the Florida Department of Financial Services, which constitutes grounds for the suspension or revocation of her licenses and appointments as a bail bond agent: a) Section 648.285(1), Florida Statutes, which provides that a person may not own, control, or otherwise have a pecuniary interest in a bail bond agency unless such individual is a licensed and appointed bail bond agent. b) Section 648.30(1), Florida Statutes, which provides that a person may not act in the capacity of a bail bond agent or temporary bail bond agent or perform any of the functions, duties, or powers prescribed for bail bond agents or temporary bail bond agents under this chapter unless that person is qualified, licensed, and appointed as provided in this chapter. c) Section 648.387(1), Florida Statutes, which provides that 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. C) C) d) Section 648.387(2), Florida Statutes, which provides that the 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. e) 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. f) Section 648.45(2)(e), Florida Statutes, which provides that it is a violation to demonstrate a lack of fitness or trustworthiness to engage in the bail bond business. g) Section 648.45(2)(j), Florida Statutes, which provides that it is a violation to willfully fail to comply with or willfully violate any proper order or rule of the department or willfully violate any provision of this chapter or the insurance code. h) Section 648.45(3)(c), Florida Statutes, which provides that it is a violation to violate any law relating to the business of bail bond insurance or violate any provision of the insurance code. i) Section 648.49(3), Florida Statutes, which provides that during the period of Suspension or revocation of the license and until the license is reinstated or a new license is issued, the former licensee may not engage in or attempt to profess to engage in any transaction or business for which a license or appointment is required under this chapter. aD) 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 1 oS a 0 suspension. k) Section 648.571(4), Florida Statutes, which provides that 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 administrative fine of five times the dollar amount of the collateral. COUNT II . 16. The above General Allegations and the allegations contained in paragraphs 1-15 are hereby realleged and fully incorporated herein by reference. 17. During the course of this investigation, the Department discovered that for the bond issued on behalf of R.H., in the amount of $1,000.00, the indemnitor was charged a premium of $102.00 instead of the approved premium of $100.00. 18. During the course of this investigation, the Department discovered that for the bond issued on behalf of K.D., in the amount of $4,000.00, the indemnitor was charged a premium of $408.00 instead of the approved premium of $400.00. 19. During the course of this investigation, the Department discovered that for the bonds issued on behalf of J.C_L. ., in the total amount of $6,250.00 for four bonds, the indemnitor was charged a a premium of $710.00 instead of the approved premium of $700.00. 20. During the course of this investigation, the Department discovered that for the bond issued on behalf of T.A.W., in the amount of $1 2000.00, the indemnitor was charged a premium of $102.00 instead of the approved premium of $100.00, 21. During the course of this investigation, the Department discovered that for the bond issued on behalf of K.S., the indemnitor was charged a total of $51.00 ona $50.00 partial premium payment. 22. During the course of this investigation, the Department discovered that for the bonds issued on behalf of W.J .-, in the total amount of $8,000.00, the indemnitor was charged a premium C) . oo YY of $800.00 instead of the approved premium of $950.00 23. Of the files reviewed by the Department during the course of the investigation, none contained premium receipts which included the address of the surety company. 24, Of the files reviewed by the Department during the course of the investigation, partial premium payments were accepted on.six (6) occasions without evidence in the file(s) that the remaining premium balance was collected. 25. Of the files reviewed by the Department during the course of the investigation, none of the applications for bond were completed in their entirety or signed by a licensed bail bond agent. 26... Beverly Ann Blanding failed to properly maintain the records described in paragraph 13 above. IT IS THEREFORE CHARGED that Beverly Ann Blanding has violated or is accountable under the following provisions of the Florida Insurance Code and Rules of the Florida Department of Financial Services, which constitutes grounds for the suspension or revocation of her licenses and appointments as a bail bond agent: a) Section 648.33(2), Florida Statues, which provides that it is unlawful for a bail bond agent to execute a bail bond without charging a premium therefor, and the premium rate may not exceed or be less than the premium rate as filed with and approved by the office, b) Section 648.36, Florida Statutes, which provides that each licensee must maintain in his or her office such records of bail bonds executed or countersigned by him or her to enable the department to obtain all necessary information concerning such bail bonds for at least 3 years after the liability of the surety has been terminated. Such records shall be .open to examination, inspection, and photographic reproduction by the department or an authorized representative of the insurer or managing general agent, or agents of the department, at all times, and the department may at any time require the licensee to furnish to it, in such manner or form as it requires, any C) — VY information concerning the bail bond business of such licensee. c) Section 648.45(2)(f), Florida Statutes, which provides that it is a violation to demonstrate lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. d) Section 648.45(2)(i), Florida Statutes, which provides that it is a violation to rebate or offering to rebate, or unlawfully divide or offering to divide, any commission, in the case of a limited surety agent, or premiums, in the case of a professional bail bond agent, e) Section 648.45(2)(p), Florida Statutes, which provides that it is a violation to demonstrate 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. f) Rule 69B-221.055(2), Florida Administrative Code, which provides that each licensee, as a minimum requirement for permanent office records shall maintain an individual file or envelope for each principal for whom bond is made which shall contain the original application for bail bond or undertaking, copy of premium receipt, copy of collateral receipt, copy of a bond discharge, if issued, security or collateral affidavit, where security or collateral is located, information as to any security or consideration received by the agency or licensee in connection with each particular bail bond or undertaking and purpose for which it was received, receipt or release executed by the person or persons posting security or collateral evidencing the return of such security or collateral and indemnity agreement as executed by co-indemnitors, g) Rule 69B-221.085, Florida Administrative Code, which provides that bail bond agents must charge the rate approved by the Office of Insurance and may not advertise reduced rates. h) Rule 69B-221.105(1), Florida Administrative Code, which provides that no surety, bail bond agent, temporary bail bond agent, or managing general agent engaged in the bail bond C) () 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 security or co-indemnity agreements, and provided further that 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. i) Rule 69B-221.115, Florida Administrative Code, which provides that 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, F.S. WHEREFORE Beverly Ann Blanding is hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking her 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 648.285, 648.30, 648.33, , 648.36, 648.384, 648.387, 648.44, 648.45, 648.49, 648.50, 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 () C) 648, Florida Statutes. Beverly Ann Blanding is notified that any order entered in this case revoking or suspending any license or eligibility for licensure held by her shall also apply to all other licenses and eligibility held by her under the Florida Insurance Code. DATED and SIGNED this__3" d day of Apri | , 2015. — GREGORY THOMAS Director, Division of Agent and Agency Services ; oe Wy, 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 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 C) C) 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. Ifa 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 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 during the time frame in which you have to request a hearing. C) ) a 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 by U.S. Certified Mail, return receipt requested, to BE ERLY ANN BLANDING, 3800 North Nebraska Avenue, Tampa, Florida 33603, on this_3'4 day of April , 2015. 200 East Gaines St Tallahassee, Florida 32399-0333 (850) 413-4134 Florida Bar Number 0084477 427199 9991 7032 7ib? 740 12 C) C) \ STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: BEVERLY ANN BLANDING CASE NO.: 165249-14-AG ELECTION OF PROCEEDING I 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. [] 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, | desire to (CHOOSE ONE): {] Submit a written statement and documentary evidence in lieu of a hearing; or C) Personally attend a hearing conducted by a department hearing officer in Tallahassee; or C] 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.: 13

Docket for Case No: 15-002532PL