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: Nov. 13, 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.
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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.
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Jun. 18, 2019 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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Jun. 17, 2019 |
Motion to Relinquish Jurisdiction filed.
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Jun. 03, 2019 |
Undeliverable envelope returned from the Post Office.
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Jun. 03, 2019 |
Undeliverable envelope returned from the Post Office.
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May 31, 2019 |
Department's First Interrogatories to Respondent filed.
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May 29, 2019 |
Department's First Request for Admissions filed.
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May 17, 2019 |
Undeliverable envelope returned from the Post Office.
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May 17, 2019 |
Undeliverable envelope returned from the Post Office.
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May 14, 2019 |
Undeliverable envelope returned from the Post Office.
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May 14, 2019 |
Undeliverable envelope returned from the Post Office.
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May 14, 2019 |
Undeliverable envelope returned from the Post Office.
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May 14, 2019 |
Undeliverable envelope returned from the Post Office.
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May 07, 2019 |
Notice of Appearance (David Ellis) filed.
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May 02, 2019 |
Notice of Hearing (hearing set for July 8, 2019; 9:30 a.m.; Fort Pierce, FL).
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May 02, 2019 |
Order of Pre-hearing Instructions.
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May 02, 2019 |
Joint Response to Initial Order filed.
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May 01, 2019 |
Initial Order.
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May 01, 2019 |
Request for Administrative Hearing filed.
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May 01, 2019 |
Order Dismissing Request for Administrative Hearing without Prejudice filed.
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May 01, 2019 |
Request for Administrative Hearing filed.
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May 01, 2019 |
Administrative Complaint filed.
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May 01, 2019 |
Agency referral filed.
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