C) C) FILED MAY 30.2017 a CHIEF FINANCIAL OFFICER JEFF ATWATER Docketed by STATE OF FLORIDA IN THE MATTER OF: CASE NO.: 202574-17-AG BRIAN QUINTIN FERNANDER ADMINISTRATIVE COMPLAINT To: Brian Fernander 2072 Biltmore Point Longwood, Florida 32779 Joel Fass, Esq. Colodny Fass 1401 NW 136th Avenue Suite 200 Sunrise, Florida 33323-2825 Brian Fernander 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 bail bond agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to chapter 648, Florida Statutes, Brian Fernander (“Respondent”) is currently licensed in this state as a limited surety (bail bond) agent and as a managing general agent, having been issued license number E152589. 2. Respondent has been licensed as a bail bond agent since January 3, 2006, and has been licensed as a managing general agent since July 26, 2012. ™ a C) 3. The Department of Financial Services (“Department”) has jurisdiction over the Respondent’s licenses and appointments. 4, On September 26, 2006, the Department issued a final order against Respondent fining him four hundred dollars ($400.00) for failing to designate a primary bail bond agent and failing to update his business address with the Department. 5. On April 2, 2009, the Department issued a final order against Respondent fining him two hundred fifty dollars ($250.00) for failing to comply with continuing education requirements. . 6. On April 30, 2010, the Department issued a final order against Respondent fining him twenty-one thousand four hundred dollars ($21,400.00) and placing him on probation for one qd) year for failing to return bail bond collateral and failing to properly supervise individuals in his employ. 7. On December 23, 2014, the Department issued a letter of guidance to Respondent for allegedly allowing an individual under his supervision to transact insurance without being licensed, failing to return premiums in a timely manner, and recommending an attorney to a client. 8. On February 9, 201 5, the Department issued a letter of guidance to Respondent for failing to timely submit temporary bail bond agent employment reports. 9. From July 26, 2012, until December 31, 2016, Respondent was the managing general agent for Palmetto Surety Corporation (“Palmetto”). 10. From March 4, 2011, until January 1, 2016, Respondent was an. appointed bail bond agent for Palmetto. 11. On or around December 15, 2014, in the matter pertaining to transaction number F14-128-014-A, Respondent failed to remit premiums to Palmetto in the amount of one thousand eight hundred forty-four dollars ($1,844.00). C) C) 12. Onor around January 9, 2015, in the matter pertaining to transaction number F15- 128-001-C, Respondent failed to remit premiums to Palmetto in the amount of two thousand six hundred nineteen dollars ($2,619.00). . 13. While appointed by Palmetto, Respondent accepted but failed to return collateral in the amount of eighty-four thousand two hundred five dollars and nine cents ($84,205.09). Palmetto paid this amount ($84,205.09) to compensate consumers who had given this collateral to Respondent. 14. Palmetto-used Respondent’s build-up fund account (“BUF account”) to compensate Palmetto in the amount of four thousand nine hundred thirteen dollars and seventy-three cents ($4,913.73). 15. After Palmetto exhausted the funds in Respondent’s BUF account, Respondent owed Palmetto seventy-nine thousand two hundred ninety-one dollars and thirty-six cents ($79,291.36). 16. As of the date of this Administrative Complaint, Respondent has not repaid Palmetto the money owed ($79,291.36). COUNT I 17. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs 1 through 3 and 9 through 11 as if fully set forth herein. 18. Section 648.45(2)(h), Florida Statutes, provides the Department shall suspend or revoke the license of a licensee guilty of misappropriation, conversion, or unlawful withholding of moneys belonging to a surety, a principal, or others received in the conduct of business under the license. 19. Based on the foregoing, Respondent is subject to discipline under section 648.45(2)(h), Florida Statutes, for misappropriating, converting, or unlawfully withholding 0) C) moneys belonging to a surety, a principal, or others received in the conduct of business under the license. COUNT I 20. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs 1 through 3, 9, 10, and 12 as if fully set forth herein. | 21. Section 648.45(2)(h), Florida Statutes, provides the Department shall suspend or revoke the license of a licensee guilty of misappropriation, conversion, or unlawful withholding of moneys belonging to a surety, a principal, or others received in the conduct of business under the license. 22. Based on the foregoing, Respondent is subject to discipline under section 648.45(2)(h), Florida Statutes, for misappropriating, converting, or unlawfully withholding moneys belonging to a surety, a principal, or others received in the conduct of business under the license. COUNT III 23. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs 1 through 3, 9, 10, and 13 through 16 as if fully set forth herein. 24, Section 648.45(2)(n), Florida Statutes, provides the Department shall suspend or revoke the license of a licensee who has failed to return collateral. 25. Based on the foregoing, Respondent is subject to discipline under section 648.45(2)(n), Florida Statutes, for failing to return collateral. . COUNT IV 26. Petitioner realleges and incorporates by refererice the allegations set forth in paragraphs 1 through 16 as if fully set forth herein. — \ , ed oo, YY 27. — Section 648.45(2)(e), Florida Statutes, provides the Department shall suspend or revoke the license of a licensee who has demonstrated a lack of fitness or trustworthiness to engage in the bail bond business. 28. Based on the foregoing, Respondent is subject to discipline under section 648.45(2)(e), Florida Statutes, by demonstrating a lack of fitness or trustworthiness to engage in the bail bond business. . WHEREFORE, Respondent, Brian Quintin Fernander, is hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking his licenses and appointments as a limited surety (bail bond) agent and as a managing general agent, or to impose such penalties as may be provided under the provisions of chapters 626 and 648, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. DATED and SIGNED this ole day of NA a uy , 2017. Gregory Thomas Director, Insurance Agent & Agency Services C) C) 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 Fast 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"). (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) . Astatement 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. - Ifa 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 token 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. 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 O) C) 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. ff ») i CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint and Election of Proceeding has been furnished by certified U.S. Mail to Brian Quintin Fernander at 2072 Biltmore Point, Longwood, Florida 32779, and to Joel Fass, Esq., at 1401 NW 136th Avenue, Suite 200, Sunrise, Florida 33323-2825, this Dott, day of Ma , 2017. 41 7199 9991 703¢ FUbB L774 ay 7299 9491 709 Fibs 1?be Matthe ey Assistant General Counsel Department of Financial Services Office of the General Counsel 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 Tel: (850) 413-4242 Florida Bar Number 110586 Matthew.Daley@myfloridacfo.com a a STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: BRIAN QUINTIN FERNANDER CASE NO.: 202574-17-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.[] 1 do not dispute any of the Department’s factual allegations and J do not desire a héaring. 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, J] desire to (CHOOSE ONE): {] Submit a written statement and documentary evidence in lieu of a hearing; or [] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or {] Attend that same hearing by way of a telephone conference call. 3. [] I do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. I have attached to this election form the information required by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (c) of the Notice of Rights. Specifically, I have identified the disputed issues of material fact. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: Julie Jones, DFS Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. Signature Print Name Date: Address: Date Administrative Complaint Received: Phone No.: Fax No.: If you are represented by an attorney or qualified E-mail, representative, please attach to this election form his or her name, address, telephone and fax numbers 10

Docket for Case No: 17-003654PL