FILED JUL 2 8 2015 Docketed by 277.C._. CHIEF FINANCIAL OFFICER JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: CASE NO.: 146380-13-AG SHEILA TRAVIS / ADMINISTRATIVE COMPLAINT Sheila Travis 588 Shiloh Drive Pensacola, FL 32503 Sheila Travis 5120 North Palafox Street Pensacola, FL 32505 Sheila Travis (hereinafter referred to as “Respondent”), license 1.D. #P030256, is hereby notified that pursuant to chapter 648, Florida Statutes, 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 " (vail bond) agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to chapter 648, Florida Statutes, Respondent is currently licensed in this state as a limited surety (bail bond) agent. 2. At all times pertinent to the dates and occurrences referred to herein, Respondent was licensed in this state as a limited surety (bail bond) agent. 3, Pursuant to chapter 648, Florida Statutes, the Florida Department of Financial Services (hereinafter referred to as "Department") has jurisdiction over Respondent’s insurance licenses and appointments. 4. At all times relevant to the dates and occurrences referred to herein, Respondent was the owner and primary bail bond agent of Sheila’s Bail Bonds, which was located at 2620 NE Street, #A, Pensacola, Florida 32501. 5. At all times relevant to the dates and occurrences referred to herein, Sheila’s Bail Bonds was an associate of Ninpo Surety, Inc., the managing general agent for Seneca Insurance Company. Ninpo Surety, Inc. is located at 2411 Rogero Road, Jacksonville, Florida 32211. COUNT I 6. The above general allegations are hereby realleged and fully incorporated herein by reference. 7. On or about November 14, 2012, in case number 2012-CA-002837, in Escambia County, Florida, the Clerk of the Circuit Court entered a judgment against “Lonnie Irey Legree, Sheila Travis, and Seneca Insurance Company” (hereinafter referred to as the “J udgment”) in the amount of one-thousand, eight hundred forty-three dollars ($1,843.00) and interest at the rate of 4.75 percent per annum for the forfeiture of a bail bond written by Respondent on behalf of defendant Lonnie Irey Legree. The bond was received under power of attorney number $1001745626. | 8. On or about February 12, 2013, in case number 2012-CA-002837, in Escambia County, Florida, the Clerk of the Circuit Court entered a Satisfaction of Judgment in the amount of one-thousand, eight hundred sixty-four dollars and eighty-one cents ($1,864.81). 9. While the Judgment remained outstanding for more than thirty-five days, the Respondent executed forty-five bonds. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitutes grounds for the suspension or revocation of her licenses and appointments: (a) Section 648.44(1)(m), Florida Statutes, which provides it is a violation of law to execute a bond if a judgment has been entered on a bond executed by the bail bond agent, which has remained unpaid for thirty-five days, unless the full amount of the bond judgment is deposited with the clerk in accordance with section 903.27, Florida Statutes. (b) — Section 648.45(2)(e), Florida Statutes, which provides 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 it is a violation of a law to demonstrate a lack of reasonably adequate knowledge and competence to engage in the transactions authorized by the license or appointment. (da) Section 648.45(2)@), Florida Statutes, which provides 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. ~ (e) Section 648.45(2)(1), Florida Statutes, which provides it is a violation to demonstrate a lack of good faith in carrying out contractual obligations and agreements. () Section 648.45(3)(c), Florida Statutes, which provides it is a violation of law to fail to comply with any law relating to the business of bail bond insurance or violate any provision of the insurance code. COUNT II 10. The above general allegations are hereby realleged and fully incorporated herein by reference. 11, The Department’s investigators visited Sheila’s Bail. Bonds to conduct a review of the Respondent’s records. 12. A review of Respondent’s file on Kiaun Bradley, under power number S05- 01842610, revealed that Respondent’s file failed to contain, among other things, the application, premium receipt, collateral receipt, collateral affidavit, and information notice. 13. A review of Respondent’s file on Kiaun Bradley, under power number S10- 01955947, revealed Respondent’s file failed to contain a copy of the application. 14. A review of Respondent’s file on Lashonda Gaston, under power number S05- 02009005, revealed that Respondent’s file failed to contain, among other things, the application, premium receipt, collateral receipt, collateral affidavit, and information notice. IT IS THEREFORE CHARGED that Respondent violated one or more of the following provisions of the Florida Statutes and Florida Administrative Code, which constitutes grounds for the suspension or revocation of her licenses and appointments: a Section 648.36, Florida Statutes, which provides 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 information concerning the bail bond business of such licensee. b. Rule 69B-221-.055(2), Florida Administrative Code, which provides 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. . c. Section 648.45(2)(e), Florida Statutes, which provides 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 it is a violation of a law to demonstrate a lack of reasonably adequate knowledge and competence to engage in the transactions authorized by the license or appointment. e. Section 648.45(2)(), Florida Statutes, which provides 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 chapter 648 or the Florida Insurance Code. f. Section 648.45(3)(c), Florida Statutes, which provides it is a violation of law to fail to comply with any law relating to the business of bail bond insurance or violate any provision of the Florida Insurance Code. COUNT IIL 15, The above general allegations are hereby realleged and fully incorporated herein by reference. 16. As of July 13, 2015, Respondent failed to remit a total of eighty-seven thousand, seven hundred forty eight dollars and seventy-seven cents ($87,748.77) in forfeiture payments, transfer bond payments, and premiums to Ninpo Surety, Inc. IT IS THEREFORE CHARGED that Respondent violated one or mote of the following provisions of the Florida Statutes, which constitutes grounds for the suspension or revocation of her licenses and appointments: (a) Section 648.295(1), Florida Statutes, which provides all premiums, return premiums, or other funds belonging to insurers or others received by a person licensed pursuant to this chapter in transactions under his or her license are trust funds received by the licensee in a fiduciary capacity, and the licensee must account for and pay the same to the insurer, insured, or other person entitled to such funds. (b) Section 648.295(3), Florida Statutes, which provides any. licensee who unlawfully diverts or appropriates funds received in a fiduciary capacity, or any portion thereof, to her or his own use commits larceny by embezzlement, punishable as provided by law. (c) Section 648.45(2)(e), Florida Statutes, which provides 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 it is a violation of a law to demonstrate a lack of reasonably adequate knowledge and competence to engage in the transactions authorized by the license or appointment. (e) Section 648.45(2)(g), Florida Statutes, which provides 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 is a violation of law to be guilty of misappropriation, conversion, or unlawful withholding of moneys belonging to a surety, a principal, or others and received in the conduct of business under a license. (g) Section 648.45(2)(@), Florida Statutes, which provides 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 chapter 648 or the Florida Insurance Code. “h) Section 648.45(2)(1), Florida Statutes, which provides it is a violation to demonstrate a lack of good faith in carrying out contractual obligations and agreements. (i) Section 648.45(3)(c), Florida Statutes, which provides it is a violation of law to fail to comply with any law relating to the business of bail bond insurance or violate any provision of the Florida Insurance Code. Gg) Section 648.45(2)(m), Florida Statutes, which provides failure to perform a contractual obligation or agreement with a managing general agent or insurer which results in an unrecovered loss due to nonpayment of a forfeiture or judgment by the licensee is a violation of the law. WHEREFORE, Respondent is hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking her licenses and appointments as an limited surety (bail bond) agent or to impose such penalties as may be provided under the provisions of sections 648.36, 648.44, 648.45, 648.49, 648.50, 648.51, 648.52, 648.53, 648.34, 648,387 and 648.571, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. DATED and SIGNED this _ 2,3 kay of uly 2015, Gregory Thomas Director, Agent & Agency Services 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 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 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. As noted above, completion of the attached 8 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 requestirig a hearing in this matter, you are the "respondent"). (bo) 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. (ec) 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 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 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 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, CERTIFICATE OF SERVICE I HEREBY CERTIFY a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: Sheila Travis, 588 Shiloh Drive, Pensacola, Florida 32503, and Sheila Travis, 5120 North Palafox Street, Pensacola, Florida 32505 by USPS certified mail this AG" day of July , 2015, ly i anshr-Sha M Th 7199 9991 7032 7168 O260 Florida Bar No.: 65520 Assistant General Counsel FL PLA9 4991 7032 Pla? F394 Department of Financial Services Division of Legal Services 200 East Gaines Street Tallahassee, Florida 32399-0333 Phone Number: (850) 413-4165 Fax Number: (850) 487-4907 E-mail: manshi.shah@myfloridacfo.com

Docket for Case No: 16-000995PL