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DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF INSURANCE AGENT AND AGENCY SERVICES vs LATRICIA REED, 19-002296PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-002296PL Visitors: 37
Petitioner: DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF INSURANCE AGENT AND AGENCY SERVICES
Respondent: LATRICIA REED
Judges: CATHY M. SELLERS
Agency: Department of Financial Services
Locations: Fort Pierce, Florida
Filed: May 01, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 18, 2019.

Latest Update: Dec. 24, 2024
FILED FEB f 8 2019 Docketed by CHIEF FINANCIAL OFFICER JIMMY PATRONIS STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF INSURANCE AGENT AND AGENCY SERVICES, Petitioner, Case No.: 222280-18-AG v. LATRICIA REED, Respondent. / ADMINISTRATIVE COMPLAINT Latricia Reed (“Respondent”), license # W091638, 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 a limited surety (“bail bond”) agent, in this state, as a result of which it is alleged: 1. Pursuant to chapter 648, Florida Statutes, Respondent is currently licensed in this state as bail bond agent, license number W091638. 2. At all times pertinent to the dates and occurrences referred to herein, Respondent was licensed as a bail bond agent. 3. Pursuant to chapter 648, Florida Statutes, the Florida Department of Financial Services (the “Department”) has jurisdiction over Respondent’s-licenses and appointments. 4. From May 24, 2013 until February 28, 2018, Respondent was appointed with Palmetto Surety Corporation (“Palmetto”). 5. On March 30, 2015, Respondent, doing business as Bosslady Bailbond, entered into a Bail Bondman Agreement (“Agreement”) with Palmetto. 6. In the Agreement, Respondent agreed to remit to Palmetto premium in the amount of fourteen (14%) percent of the face or principle amount of any bond that she wrote. Respondent was required to remit the premium to Palmetto within thirty (30) days of the execution of any bond, per the terms of the Agreement. 7. The Agreement additionally provided that: All premiums, return premiurris, or other funds belonging to the Company or others received by the Appointee (or his agents or employees) under this agreement are trust funds received by the Appointee in a fiduciary capacity, and the Appointee must account for and pay the same to the Company, Bond principle, or other person entitled to such funds. 8. Under the terms of the Agreement, Respondent was required te deposit ten percent (10%) of the face value of any executed bond into an account called a Build Up Fund. 9. Respondent was required to document the bonds that she executed for Palmetto on a document called a Bail Bond Execution Report (“Report”). 10. The bonds that Respondent executed between April 2016 and December 2016 are listed on the following Reports: F16-230-005-C, F16-230-006-A, and F17-230-002. 11. According to Report F16-230-005-C, Respondent executed approximately five hundred ninety-four thousand eight hundred seventy-five dollars ($594,875.00) in bonds between April and July 2016. Respondent was required to pay Palmetto six thousand four hundred ninety- nine dollars and fifty cents ($6,499.50) in premium for the bonds listed in Report F16-230-005-C. Respondent was requited to deposit four thousand five hundred ninety-one dollars and twenty-five cents ($4,591.25) into her BUF account for the bonds listed in Report F16-230-005-C. 12. According to Report F16-230-006-A, Respondent executed approximately three hundred forty-one thousand two hundred thirty-five dollars ($341,235.00) in bonds between April 2 and November 2016. Respondent was required to pay Palmetto four thousand eight hundred ninety-three dollars and fourteen cents ($4,893.14) in premium for the bonds listed in Report F16- 230-006-A. Respondent was required to deposit three thousand four hundred twelve dollars and’ thirty five cents into her BUF account for the bonds listed in Report F-16-230-060-A 13. According to Report F17-230-002, Respondent executed forty-five thousand five hundred dollars ($45,500) worth of bonds between November and December 2016. Respondent was required to pay three hundred twenty-eight dollars ($328) in premium for the bonds listed in Report F-17-230-002. Respondent was required to deposit four hundred and five dollars into her BUF account for the bonds listed in Report F17-230-002. 14. As of the date of the filing of this Administrative Complaint, Respondent has not fully satisfied her outstanding financial obligations to Palmetto contained in reports F16-230-005- C, F16-230-006-A, and F17-230-002. COUNT I, 15. The allegations contained in paragraphs one through fourteen are realleged and incorporated by reference as if fully set forth herein. 16. On or about October 2, 2017, Respondent submitted form DFS-H2-1544 (“Appointment Form’) to the Department. Respondent stated that she was appointed with Accredited Surety and Casualty Company Inc. , 17. The Appointment Form contains a section which states as follows: “Pursuant to section 648.382(2)(b), F. S., I do solemnly swear that I owe no premium to any insurer and that I will discharge all outstanding forfeitutes and judgments on bonds that may have been previously: written.” 18. to any insurer. Respondent provided her notarized signature attesting that she owed no premium IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Insurance Code, which constitute grounds for the suspension or revocation of her license as a bail bond agent. a) Section 648.45(2)(a), Florida Statutes, which provides: The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or if the person: [l]Jacks one of more of the qualifications specified in this chapter for a license or appointment. b) Section 648.45(2)(b), Florida Statutes which provides: The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or if the person: [h]as made a material misstatement, mistepresentation, or fraud in obtaining a license or appointment, or in attempting to obtain a license or appointment. c) Section 648.45(2)(g), Florida Statutes, which provides: The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or if the person: [h]as engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. d) Section 648.45(2)Q), Florida Statutes, which provides: The depattment shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or if the person: [h]as willfully failed to comply with or willfully violated any propier order or rule of the department or willfully violated any provision of this chapter or the insurance code. e) Section 648.45(2)(1), Florida Statutes, which provides: The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend of revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or if the person: [h]as demonstrated lack of good faith in carrying out contiactual obligations and agreements. f) Section 648.382(2)(b), Florida Statutes, which provides, in relevant part: Prior to any appointment, an appropriate officer or official of the appointing insurer in the case of a bail bond agent or an insurer, managing general agent, or bail bond agent in the case of a temporary bail bond agent must submit: [a]n affidavit under oath on a form prescribed by the department, signed by the proposed appointee, stating that premiums are not owed to any insurer and that the appointee will discharge all outstanding forfeitures and judgments on bonds previously written. OUNT.IL 19. The allegations contained in paragraphs one through fourteen are realleged and incorporated by reference as if fully set forth herein. 20. On or about April 3, 2018, Respondent submitted an Appointment Form to the Department. Respondent stated that she was appointed with Roche Surety and Casualty. 21. | The Appointment Form contains a section which states as follows: “Pursuant to section 648.382(2)(b), F. S., 1 do solemnly swear that 1 owe no premium to any insurer and that I will discharge all outstanding forfeitures and judgments on bonds that may have been previously written.” 22. Respondent provided her notarized signature attesting that she owed no premium to any insurer. IT IS THEREFORE CHARGED that Respondent has violated orie or more of the following provisions of the Florida Irisurance Code, which constitute grounds fot the suspension or revocation of her license as a bail bond agent. a) Section 648.45(2)(a), Florida Statutes, which provides: The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend of revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or if the person: [lacks one or more of the qualifications specified in this chapter for a license or appointment. b) Section 648.45(2)(b), Florida Statutes which provides: The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or if the person: [h]as made a material misstatement, misrepresentation, or fraud in obtaining a license or appointment, or in attempting to obtain a license or appointment. c) Section 648.45(2)(g), Florida Statutes, which provides: The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or if the pérson: [h]as engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. d) Section 648.45(2)(j), Florida Statutes, which provides: The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or if the person: [h]as 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 insurance code. e) Section 648.45(2)(1), Florida Statutes, which provides: The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or if the person: [hJas demonstrated lack of good faith in carrying out contractual obligations and agreements. f) Section 648.382(2)(b), Florida Statutes, which provides, in relevant part: Prior to any appointment, an appropriate officer or official of the appointing insurer in the case of a bail borid agent or an insurer, managing general agent, or bail bond agent in the case of a temporary bail borid agent must submit: [a]n affidavit under oath on a form prescribed by the department, signed by the proposed appointee, stating that premiums are not owed to any insurer and that the appointee will discharge all outstanding forfeitures and judgments on bonds previously written. 23. The allegations contained in paragraphs one through fourteen realleged and incorporated by reference as if fully set forth herein. - 24. On or about May 23, 2018, Respondent submitted an Appointment Form to the Department. Respondent stated that she was appointed with Universal Fire & Casualty Insurance Company. 25. | The Appointment Form contains a section which states as follows: “Pursuant to section 648.382(2)(b), F. S., I do solemnly swear that I owe no premium to any insurer and that I will discharge all outstanding forfeitures and judgments on bonds that may have been previously written.” 26. Respondent provided her notarized signature attesting that she owed no premium to any insurer. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Insurance Code, which constitute grounds for the suspension or revocation of her license as a bail bond agent. a) Section 648.45(2)(a), Florida Statutes, which provides: The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license or appoiftment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or if the person: [I]acks one or mote of the qualifications specified in this chapter for a license or appointment. b) Section 648.45(2)(b), Florida Statutes which provides: The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or if the person: [h]as made a material misstatement, misrepresentation, or fraud in obtaining a license or appointment, or in attempting to obtain a license or appointment. c) Section 648.45(2)(g), Florida Statutes, which provides: The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or if the person: [h]as engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. d) Section 648.45(2)(j), Florida Statutes, which provides: The department shall deny, suspend, revoke, or tefuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or if the person: [h]as 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 insurance code. e) Section 648.45(2)(1), Florida Statutes, which provides: The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license of appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or if the person: [h]as demonstrated lack of good faith in carrying out contractual obligations and agreements, f) Section 648.382(2)(b), Florida Statutes, which provides, in relevant part: Prior to any appointment, an appropriate officer or official of the appointing ihsurer in the case of a bail bond agent or an insurer, managing general agent, or bail bond agent in the case of a temporary bail bond agent must submit: [an affidavit under oath on a form prescribed by the department, sighed by the proposed ‘appointee, stating that premiums are not owed to any insurer and that the appointee will discharge all outstanding forfeitures and judgments on bonds previously written. WHEREFORE, Latricia Reed is hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking her license as bail bond agent and any such penalties as may be provided under the provisions of chapter 648, Florida Statutes, the Florida Administrative Code, and undef the other réferenced sections of the Florida Statutes as set out in this Administrative Complaint. en Gregory Thomas Director, Agent & Agency Services 10 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 tight 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"). 11 (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), Flotida Statutes. These proceedings are held before an administrative law judge of the State of Florida 12 Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. Feilure to follow the procedure outlined with regard to your response-to this notice may result in the request being denied. All priot 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. 13 CERTIFICATE OF SERVICE. I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint and Election of Proceeding has been furnished to: Latricia Reed, 2174 SE Shelter Drive, Port St. Lucie, Florida 34952; A Queen Bail Bond, 1230 S Federal Hwy 1, Suite 210, Stuart, Florida 34997 by Certified Mail, and by electronic mai] at BOSSLADYBAILBOND@AOL.COM this day of February, 2019. “Marshawn Michael Griffin Senior Attorney Department of Financial Services Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4140 Marshawn. gtiffin@myfloridacfo.com 14

Docket for Case No: 19-002296PL
Issue Date Proceedings
Jun. 27, 2019 Undeliverable envelope returned from the Post Office.
Jun. 18, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jun. 17, 2019 Motion to Relinquish Jurisdiction filed.
Jun. 03, 2019 Undeliverable envelope returned from the Post Office.
Jun. 03, 2019 Undeliverable envelope returned from the Post Office.
May 31, 2019 Department's First Interrogatories to Respondent filed.
May 29, 2019 Department's First Request for Admissions filed.
May 17, 2019 Undeliverable envelope returned from the Post Office.
May 17, 2019 Undeliverable envelope returned from the Post Office.
May 14, 2019 Undeliverable envelope returned from the Post Office.
May 14, 2019 Undeliverable envelope returned from the Post Office.
May 14, 2019 Undeliverable envelope returned from the Post Office.
May 14, 2019 Undeliverable envelope returned from the Post Office.
May 07, 2019 Notice of Appearance (David Ellis) filed.
May 02, 2019 Notice of Hearing (hearing set for July 8, 2019; 9:30 a.m.; Fort Pierce, FL).
May 02, 2019 Order of Pre-hearing Instructions.
May 02, 2019 Joint Response to Initial Order filed.
May 01, 2019 Initial Order.
May 01, 2019 Request for Administrative Hearing filed.
May 01, 2019 Order Dismissing Request for Administrative Hearing without Prejudice filed.
May 01, 2019 Request for Administrative Hearing filed.
May 01, 2019 Administrative Complaint filed.
May 01, 2019 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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