FILED OCT 30 2015' Docketed by VS CHIEF FINANCIAL OFFICER JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: Case No.: 167035-15-AG ANGEL RAFAEL ALONSO / ADMINISTRATIVE COMPLAINT Angel Rafael Alonso 2445 SW 18" Terr., Apt. #207 Fort Lauderdale, Florida 33315 Angel Rafael Alonso Big Angel’s Bail Bonds 519 S Andrews Ave. Fort Lauderdale, Florida 33301 Angel Rafael Alonso, license #A004609, is hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of his activities while licensed as a limited surety (bail bond) agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to chapter 648, Florida Statutes, Angel Rafael Alonso (“Angel Alonso”) is licensed in this state as a limited surety (bail bond) agent. 2. Pursuant to chapter 648, Florida Statutes, at all times pertinent to the dates and occurrences referred to herein, Angel Alonso was licensed in this state as a limited surety (bail bond) agent. v ~ 3. Pursuant to chapter 648, Florida Statutes, the Florida Department of Financial Services (the “Department”) has jurisdiction over Angel Alonso’s license and eligibility for licensure as a limited surety (bail bond) agent. 4. At all times pertinent to the specific dates and occurrences referred to in Counts I and III, Angel Alonso was the sole owner of Aalliance Bail Bonds, Inc. (“Aalliance”). 5. At all times pertinent to the specific dates and occurrences referred to in Counts I and III, Angel Alonso was the president of Aaliance. 6. At points pertinent to the specific dates and occurrences referred to in Counts I and III, Aalliance was doing business as Big Angel’s Bail Bonds. 7. At all times pertinent to the specific dates and occurrences referred to in Counts I and III, Aalliance was a bail bond agency, as that term is defined in section 648.25(1), Florida Statutes. 8. At all times pertinent to the specific dates and occurrences referred to in Counts II - IV, Angel Alonso was the sole owner of Big Angel’s Bail Bonds, Inc. (“BABB”). 9. At all times pertinent to the specific dates and occurrences referred to in Counts If—IV, Angel Alonso was the president of BABB. 10. At all times pertinent to the specific dates and occurrences referred to in Counts Il - IV, BABB was a bail bond agency, as that term is defined in section 648.25(1), Florida Statutes. 11. At all times pertinent to the specific dates and occurrences referred to in Count III, Angel Alonso was the sole owner of ARA Surety, Inc. (“SARA”). 12. At all times pertinent to the specific dates and occurrences referred to in Count III, Angel Alonso was the president of ARA. w ~ 13. At all times pertinent to the specific dates and occurrences referred to in Count IH, ARA was a bail bond agency, as that term is defined in section 648.25(1), Florida Statutes. 14. Aalliance, BABB, and ARA are collectively referred to herein as “Big Angel’s.” 15. From on or around December 19, 2011, to on or around June 13, 2013, Angel Alonso served as Big Angel’s primary bail bond agent. 16. Since July 20, 2015, Angel Alonso has served as Big Angel’s primary bail bond agent. 17. A primary bail bond agent is a licensed bail bond agent who is responsible for the overall operation and management of a bail bond agency location and whose responsibilities include hiring and supervising all individuals within that location. §§ 648.25(6) and 648.387(2), Fla. Stat. (2011 — 2015). 18. On January 23, 2007, the Department issued a Consent Order against Angel Alonso imposing, among other things, a penalty of $1,000 against him, and requiring Angel Alonso to pay restitution of $5,000 to a consumer for charging an illegal fee and for failing to return bail bond premium. 19. On August 9, 2007, the Department issued a Consent Order against Angel Alonso imposing, among other things, a penalty of $1,500 for his failure to return collateral, and requiring him to pay restitution of $1,500 to a consumer. 20. On August 28, 2012, the Department issued a Field Office Settlement Stipulation against Angel Alonso imposing, among other things, a penalty of $1,250 for Angel Alonso’s failure to complete or correctly write an original application form, and for his failure to appoint all bail bond agents employed at Big Angel’s with the same surety company. lw ~ COUNT I 21. The above general allegations are hereby realleged and fully incorporated herein by reference. 22. On or around December 12, 2012, Derrick Jones (“Jones”) was arrested and incarcerated in the Broward County Jail. 23. Initially, the Broward County Circuit Court set Jones’ total bond at one hundred seventy thousand and six hundred dollars ($170,600) for Jones’ pending criminal charges. 24. On or around December 26, 2012, Alex Tetenko (“Tetenko”) and David Randall (“Randall”) visited Big Angel’s to arrange bail for Jones. 25. Tetenko and Randall are Jones’ friends. 26. On or around December 28, 2012, Angel Alonso went to the Broward County Jail where he posted the $170,600 bail for Jones. 27. Tetenko and Randall served as indemnitors on the bonds Angel Alonso posted for Jones. 28. On or around December 28, 2012, after being released from the Broward County Jail, Jones met with Angel Alonso and Amber Cohen at Big Angel’s to sign various required forms. 29. At the beginning of the meeting, Angel Alonso introduced himself to Jones as the bail bond agent. 30. At the beginning of the meeting, Angel Alonso introduced Amber Cohen to Jones as Big Angel’s office manager. lw ~ 31. During the meeting, Angel Alonso suggested or advised that Jones contact, and/or hire, an attorney named Samuel R. Halpern (“Attorney Halpern”) in relation to Jones’ criminal charges. 32. During the meeting, Angel Alonso gave Jones Attorney Halpern’s business card. 33. During the meeting, Amber Cohen also suggested or advised that Jones contact, and/or hire, Attorney Halpern in relation to Jones’ criminal charges. 34. During the meeting, Amber Cohen also gave Jones Attorney Halpern’s business card. 35. On or around January 2, 2013, Angel Alonso visited Jones’ apartment and took Jones into custody. 36. On January 2, 2013, Angel Alonso charged Jones a four hundred dollar ($400) “pick up fee for surrender.” 37. Angel Alonso did not surrender Jones on or around January 2, 2013. 38. On or around January 2, 2013, Angel Alonso again suggested or advised that Jones contact, and/or hire, Attorney Halpern in relation to Jones’ pending criminal charges. 39. On or around January 2, 2013, Angel Alonso again gave Jones Attorney Halpern’s business card. 40. On or around January 2, 2013, Amber Cohen again suggested or advised that Jones contact, and/or hire, Attorney Halpern in relation to Jones’ pending criminal charges. 41. On or around January 2, 2013, Amber Cohen again gave Jones Attorney Halpern’s business card. 42. On or around January 23, 2013, Angel Alonso once again suggested or advised that Jones contact, and/or hire, Attorney Halpern in relation to Jones’ pending criminal charges. we ~/ 43. On or around January 23, 2013, Angel Alonso once again gave Jones Attorney Halpern’s business card. 44, On or around January 23, 2013, Amber Cohen once again suggested or advised that Jones contact, and/or hire, Attorney Halpern in relation to Jones’ pending criminal charges. 45. On or around January 23, 2013, Amber Cohen once again gave Jones Attorney Halpern’s business card. IT IS THEREFORE CHARGED that Angel Alonso, based on some or all of the foregoing, has violated one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitutes sufficient grounds for the suspension or revocation of his license or appointment as a limited surety (bail bond) agent in this state: (a) Section 648.44(1)(a), Florida Statutes, which provides that a bail bond agent may not suggest or advise the employment of, or name for employment, any particular attorney to represent his or her principal. (b) Section 648.44()(j), Florida Statutes, which provides that a bail bond agent may not accept anything of value from a principal for providing a bail bond except the premium and transfer fee authorized by the Office of Insurance Regulation (“Office”). (c) 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. (d) Section 648.45(2)(f), Florida Statutes, which provides that it is a violation to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. w ~ (e) Section 648.45(2)(g), Florida Statutes, which provides that it is a violation to engage in fraudulent or dishonest practices in the conduct of business under the license or appointment. (f) Section 648.45(2)(h), Florida Statutes, which provides that it is a violation to misappropriate, convert, or unlawful withhold moneys belonging to a surety, a principal, or others and received in the conduct of business under a license. (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 violated any provision of chapter 648, Florida Statutes, or the Florida Insurance Code. (h) Section 648.45(2)(p), Florida Statutes, which provides that it is a violation to have 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. (i) Section 648.45(3)(c), Florida Statutes, which provides that it is a violation to violate of 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 it is a violation to be 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) 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 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 ew wv 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 dollars ($100) for any one defendant. 0) Rule 69B-221.105(2), Florida Administrative Code, which provides that no bail bond agent shall charge, collect, or receive any fee or consideration for services rendered to the principal or indemnity or in connection with a bail bond, except those fees listed in 69B-221.105(4), Florida Administrative Code, and costs necessary to apprehend the principal in the event the principal attempts to flee the jurisdiction of the courts. (m) Rule 69B-221.105(3), Florida Administrative Code, which provides that 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, maintenance 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. (n) Rule 69B-221.105(3), Florida Administrative Code, which provides that allowable fees include: (1) attorney’s fees and court costs associated with filing of motions; (2) documented transportation and lodging expenses outside the jurisdiction of the court; (3) law enforcement costs for housing, re-arrest, transportation, and extradition; and (4) a maximum fee of $100 for a surrender allowed by law when there has been no forfeiture of the bond. Ww ~ COUNT I 46. The above general allegations are hereby realleged and fully incorporated herein by reference. 47. On or around December 30, 2013, Sheldon Atkins was arrested and incarcerated in the Broward County Jail. 48. The Broward County Circuit Court set Atkins’ total bond at or around eight thousand and two hundred dollars ($8,200) for Atkins’ pending criminal charges. 49. On or around January 7, 2014, Sherri L. Miller (“Miller”) and Anthony West (“West”) visited Big Angel’s to arrange bail for Atkins. 50. On or around January 8, 2014, Angel Alonso visited the Broward County Jail where he posted the $8,200 bail for Atkins. 51. | Miller and West served as indemnitors on the bonds Angel Alonso posted for Atkins. $2. | Onor around January 8, 2014, after being released from the Broward County Jail, Atkins met with Angel Alonso at Big Angel’s to sign various forms. 53. On or around February 26, 2014, Atkins, along with Miller and West, met with Angel Alonso at Big Angel’s. 54. During the meeting, Angel Alonso asked someone to prepare an affidavit for Atkins to sign. 55. | Amber Cohen gave Angel Alonso the affidavit prepared for Atkins’ signature. 56. Amber Cohen told Atkins, Miller, and/or West that she did not like the fact that Atkins was living in Cape Coral, Florida. lw 7) 57. During the meeting, Angel Alonso suggested or advised that Atkins contact, and/or hire, an attorney named Brian Balaguera (“Attorney Balaguera”) in relation to Atkins’ criminal charges. 58. During the meeting, Angel Alonso called Attorney Balaguera’s office, and set up time and place for Atkins to meet Attorney Balaguera. 59. On or around February 27, 2014, Atkins, Miller and West met with Attorney Balaguera at Big Angel’s. IT IS THEREFORE CHARGED that Angel Alonso, based on some or all of the foregoing, has violated one or more of the following provisions of the Florida Statutes, which constitutes sufficient grounds for the suspension or revocation of his license or appointment as a limited surety (bail bond) agent in this state: (a) Section 648.44(1)(a), Florida Statutes, which provides that a bail bond agent may not suggest or advise the employment of, or name for employment, any particular attorney to represent his or her principal. (b) 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. (c) Section 648.45(2)(f), Florida Statutes, which provides that it is a violation to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (d) Section 648.45(2)(g), Florida Statutes, which provides that it is a violation to engage in fraudulent or dishonest practices in the conduct of business under the license or appointment. baw ~ (e) 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 violated any provision of chapter 648, Florida Statutes, or the Florida Insurance Code. (f) Section 648.45(2)(p), Florida Statutes, which provides that it is a violation to have 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. (g) Section 648.45(3)(c), Florida Statutes, which provides that it is a violation to violate of any law relating to the business of bail bond insurance or violation of any provision of the Florida Insurance Code. COUNT Il 60. The above general allegations, and paragraphs 22, 26, 28, 30, 33, 34, 40, 41, 44, 45, 47, 50, and 54 — 56, are hereby realleged and fully incorporated herein by reference. 61. Amber Cohen is not, and has not been at any time, licensed by the Department pursuant to the Florida Insurance Code. SCC CSS ee 63. On October 13, 2011, in the Circuit Court In and For Miami-Dade County, Florida, Case No. F11-019911, Amber Cohen entered a plea of nolo contendere (no contest) to Escape/Attempt, a 3 degree felony. 64. On or around March 18, 2013, Amber Cohen was added as a signor on Big Angel’s bank accounts at Regions Bank. Nw J 65. On October 28, 2013, Angel Alonso and Amber Cohen filed an application for a marriage license. 66. On December 9, 2013, Angel Alonso and Amber Cohen were married. rr ee 68. On August 6, 2014, Amber Cohen submitted an application (“Application”) to the Department for licensure as a temporary limited surety (bail bond) agent. On September 22, 2014, Amber Cohen’s Application became complete. 69. On November 25, 2014, the Department issued a Notice of Denial of Amber Cohen's Application. 70. On July 29, 2015, after an informal hearing, the hearing officer appointed by the Department issued a Written Report and Recommended Order recommending that Amber Cohen’s Application for licensure be denied. 71. From at least December 2012 to, at the earliest, July 2015, or at various points within that time, Angel Alonso provided Amber Cohen with pre-signed premium and collateral receipts for her use when Angel Alonso was not present at Big Angel’s. 72. From at least December 2012 to, at the earliest, July 2015, or at various points within that time, Amber Cohen impersonated licensed limited surety (bail bond) agents who worked at Big Angel’s while she was on the telephone with defendants, indemnitors, and potential indemnitors. 73. From at least December 2012 to, at the earliest, July 2015, or at various points within that time, Amber Cohen has engaged in, included but not limited to, the following duties, activities and/or functions: 1) managed and/or ran Big Angel’s office; 2) involved in hiring ow -) and/or firing employees of Big Angel’s; 3) met with bail bond principals/criminal defendants (“Defendents”), indemnitors, and potential indemnitors at Big Angel’s; 4) assisted Big Angel’s in obtaining, or attempting to obtain, business; 5) signed checks issued from Big Angel’s various bank accounts; 6) answered incoming calls to Big Angel’s; 7) explained bail terms to Defendants, indemnitors, and potential indemnitors at Big Angel’s; 8) assisted, completed, and explained bail bond forms to Defendants, indemnitors, and potential indemnitors at Big Angel’s; 9) collected premium from Defendants, indemnitors, and potential indemnitors at Big Angel’s; 10) accepted collateral from Defendants, indemnitors, and potential indemnitors at Big Angel’s; 11) returned collateral to indemnitors; 12) communicated with Angel Alonso’s managing general agent; 13) issued premium receipts to Defendants, indemnitors, and potential indemnitors at Big Angel’s; and/or 14) issued collateral receipts to Defendants, indemnitors, and potential indemnitors at Big Angel’s. IT IS THEREFORE CHARGED that Angel Alonso, based on some or all of the foregoing, has violated one or more of the following provisions of the Florida Statutes and Florida Administrative Code, which constitutes sufficient grounds for the suspension or revocation of his license or appointment as a limited surety (bail bond) agent in this state: (a) 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. (b) Section 648.44(8)(a), 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 13 w ~ turpitude or a crime punishable by imprisonment of | 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. (c) 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 chapter 648, Florida Statutes, unless that person is qualified, licensed, and appointed as provided in chapter 648, Florida Statutes. (d) Section 648.30(2), Florida Statutes, which provides that a person may not represent himself or herself to be a bail enforcement agent, bounty hunter, or other similar title in this state. (e) Rule 69B-221.001, Florida Administrative Code, which provides that any licensed bail bond agent, temporary bail bond agent, or managing gencral agent engaged in the bail bond business, who permits any person not licensed, as required under chapter 648, Florida Statutes, to solicit or engage in the bail bond business in his behalf shall be deemed in violation of section 648.30, Florida Statutes. (f) Section 648.441(1), Florida Statutes, which provides that an insurer, managing general agent, bail bond agent, or temporary bail bond agent appointed under chapter 648, Florida Statutes, 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 14 ww ~ 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 (g) Section 648.25(8), Florida Statutes, which provides: Temporary bail bond agent to mean a person employed by a bail bond agent or agency, insurer, or managing general agent, and such licensee has the same authority as a licensed bail bond agent, including presenting defendants in court; apprehending, arresting, and surrendering defendants to the proper authorities, while accompanied by a supervising bail bond agent or an agent from the same agency; and keeping defendants under necessary surveillance. However, a temporary licensee may not execute or sign bonds, handle collateral receipts, or deliver bonds to appropriate authorities. A temporary licensee may not 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. This does not affect the right of a bail bond agent or insurer to hire counsel or to obtain the assistance of law enforcement officers. (h) Rule 69B-221.120(6), Florida Administrative Code, which provides that a temporary bail bond agent is prohibited from handling or accepting collateral until a properly executed receipt has been issued by a licensed and appointed bail bond agent. (i) 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)(f), Florid a Statutes, which provides that it is a violation to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. 15 ww J (k) Section 648.45(2)(g), Florida Statutes, which provides that it is a violation to engage in fraudulent or dishonest practices in the conduct of business under the license or appointment. (dy Section 648.45(2)(p), Florida Statutes, which provides that it is a violation to have 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. (m) Section 648.45(3)(c), Florida Statutes, which provides that it is a violation to violate of any law relating to the business of bail bond insurance or violation of any provision of the Florida Insurance Code. (n) Section 648.45(3)(e), Florida Statutes, which provides that it is a violation to be 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. (0) Section 648.387(4), 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. (p) Rule 69B-221.005, Florida Administrative Code, which provides that any licensed bail bond agent or managing general agent engaged in the bail bond business who knowingly has in his employ a person whose license is currently revoked, suspended or denied in this or any other state shall be deemed to be conducting his affairs under the license in such a way as to render said licensee unfit to carry on the bail bond business. 16 bw ~ COUNT IV 74. The above general allegations are hereby realleged and fully incorporated herein by reference. 75. From on or around April 7, 2014, to on or around October 20, 2014, Consuela “Connie” Rodriguez (“Rodriguez”) served as Big Angel’s primary bail bond agent. 76. From April 7, 2014, to on or around October 17, 2014, Rodriguez had appointments with Palmetto Surety Corporation and Bankers Insurance Company. 77. From April 7, 2014, to on or around October 17, 2014, Angel Alonso had an appointment with Palmetto Surety Corporation, but did not have an appointment with Bankers Insurance Company. IT IS THEREFORE CHARGED that Angel Alonso, based on some or all of the foregoing, has violated one or more of the following provisions of the Florida Statutes, which constitutes sufficient grounds for the suspension or revocation of his license or appointment as a limited surety (bail bond) agent in this state: (a) Section 648.55, Florida Statutes, which requires that all bail bond agents who are members of the same agency, partnership, corporation, or association be appointed to represent the same companies. (b) Section 648.45(3)(c), Florida Statutes, which provides that it is a violation to violate of any law relating to the business of bail bond insurance or violation of any provision of the Florida Insurance Code. WHEREFORE, Angel Alonso is hereby notified that the Chief Financial Officer, through his designee, intends to enter an Order suspending or revoking his license and appointments or to impose such penalties as may be provided under the provisions of sections 648.45, 648.46, é ww ~ 648.49, 648.50, 648.51, 648.52, 648.525, and 648.53, Florida Statutes, and under the other referenced sections of the Florida Statutes and Florida Administrative Code as set out in this Administrative Complaint. DATED and SIGNED this BO day or Ocdpber » 2015. AR ee Gregory Thomas Director, Agent & Agency Services ’ rk , = i= Re 18 ~ ] NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department pursuant to sections 120.569 and 120.57, Florida Statutes, and chapter 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 a petition for administrative hearing are required. The request must be filed with Julie Jones, DFS Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 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. FAILURE TO ENSURE THAT YOUR WRITTEN RESPONSE IS RECEIVED BY THE DEPARTMENT 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 A FINAL 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. Specifically, your response must contain: (a) The name, address, telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent"). 19 w wv (b) The name, address, telephone number, and 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 of 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 an administrative law judge of the State of Florida Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. 20 w ~ 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 free form 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 before 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. 2] \w J CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint and the attached Election of Proceeding has been furnished, via Certified Mail, Restricted Delivery, to: Angel Rafael Alonso, 2445 SW 18" Terr., Apt. #207, Fort Lauderdale, Florida 33315; and Angel Rafael Alonso, Big Angel’s Bail Bonds, 519 S Andrews Ave., Fort Lauderdale, Florida 33301this_ 30% dayof October 2015. j A / Robert Alan Fox Fh 7299 95992 7032 ?LbS 3691 Assistant General Counsel Department of Financial Services 9X 7199 F991 7035 4579 3511 Division of Legal Services 612 Larson Building FL 7199 9991 7032 ?LbS 3707 200 East Gaines Street Tallahassee, Florida 32399-0333 ce: Scott W. Sakin, Esq. Scott W. Sakin, P.A. 1411 N.W. North River Drive Miami, Florida 33125 22

Docket for Case No: 15-007313PL