FILED i — . FEB 21 2019 Docketed by JIMMY PATRONIS STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, ) DIVISION OF INSURANCE AGENT AND ) AGENCY SERVICES, ) ) Petitioner, ) v. ) CASE No.: 220415-18-AG ) : WILLIAM ABEL ELIAS, ) ) Respondent ) ) ADMINISTRATIVE COMPLAINT William Abel Elias - 631 Northwest 59 Court Miami, Florida 33126 William Abel Elias 1501A Northwest 14 Street Miami, Florida 33125 William Abel Elias (“Respondent”), license number E136453, 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 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, Respondent is currently licensed in this state as a limited surety (bail bond) agent, license number E136463. 2. Respondent has been licensed as a bail bond agent since November 3, 2005. 3. At all times relevant to the dates and occurrences referred to herein, Respondent was licensed in this state as a bail bond agent. {~ CC 4. Pursuant to chapter 648, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over Respondent’s insurance licenses and appointments. 5. At all times relevant to the dates and occurrences referred to herein, Respondent and William Elias, Inc., were the co-owners of Bill Bail Bonds, located at 1501A Northwest 14th Street, Miami, Florida 33125. Bill Bail Bonds is a fictitious name registered with the Florida Department of State, Division of Corporations. 6. At all times relevant to the dates and occurrences referred to herein, Respondent was the president and registered officer/director of William Elias, Inc., located at 1501A Northwest 14th Street, Miami, Florida 33125. William Elias, Inc. is a Florida Profit Corporation registered with the Florida Department of State, Division of Corporations. 7. On or about February 26, 2014, Respondent, doing business as Bill Bail Bonds, entered into a Bail Bondsman Agreement (“Bail Bond Agreement”) with Palmetto Surety Corporation (“Palmetto”). Respondent and Palmetto contracted as follows: This Agreement (the “Agreement”) is entered into as of the 26 day of Feb, 2014, by and between PALMETTO SURETY CORPORATION, a South Carolina corporation, (the “Company”); and William Elias D/B/A Bill Bail Bonds (“Bondsman’’); [and] (Bondsman and Associate Bondsman are also hereinafter referred to individually .and collectively as “Appointee.” The Company and the person(s) indicated above are hereinafter collectively referred to as the “Parties.””) FOR AND IN CONSIDERATION of the promises set forth hereinafter, the parties agree as follows: 1. General Purpose. Subject to the following terms and conditions, the Company shall act as surety for bail bonds (“Bends”) solicited and executed in its name by the Appointee in Miami-Dade County, Florida and/or in such other areas as the Company may designate from time to time. The Appointee shall solicit and execute bail bonds in the Company’s name solely in the area now or hereafter designated unless otherwise authorized and/or directed by the Company. ( The Bail Bond Agreement is attached hereto as Exhibit “1” and is fully incorporated herein by reference. 8. Pursuant to the Bail Bond Agreement, Respondent was required to remit to Palmetto the cash sum collected for premiums within thirty (30) days of each bond execution. 9. Pursuant to Bail Bond Agreement, Respondent was required to satisfy any forfeiture obligations owed to Palmetto. 10. On March 25, 2014, Respondent and William Elias, Inc., registered Bill Bail Bonds with the Florida Department of State, Division of Corporations. 11. ‘At all times relevant to the dates and occurrences.referred to herein, there was no primary bail bond agent designated for Bill Bail Bonds. 12. At all times pertinent to the dates and occurrences referred to herein, Respondent was appointed to solicit and execute bail bonds on behalf of Palmetto. COUNT I 13. The above general allegations are hereby re-alleged and fully incorporated herein by reference. 14. From March 25, 2014, until November 27, 2017, Respondent failed to have a primary bail bond agent designated for Bill Bail 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 his license and appointments: (a) Section 648.45(2)(f), Florida Statutes, which provides it is a violation to demonstrate a lack of reasonably adequate knowledge and competence to engage in the transactions authorized by the license or appointment. (b) Section 648.45(2)(j), 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, Florida Statutes, or the Florida Insurance Code. (c) Section 648.45(3)(c), Florida Statutes, which provides it is a violation to fail to comply with any law relating to the business of bail bond insurance or violate any provision of the Florida Insurance Code. (d) Section 648.387(1), Florida Statutes, which provides, in relevant part, that the owner or operator of a bail bond agency shall designate a primary bail bond agent for each location, and shall file with the department the name and license number of the person and the address of the location on a form approved by the department. COUNT II 15. The above general allegations are hereby re-alleged and fully incorporated herein by reference. 16. From March 25, 2014, until November 27, 2017, Respondent failed to have a primary bail bond agent designated for Bill Bail Bonds. 17, On or about May 3, 2015, in the Eleventh Judicial Circuit Court in and for Miami- Dade County, Florida, in case number F15008890, Bill Bail Bonds executed bond power PSC5228317. 18. Onor about June 15, 2015, in the Seventeenth Judicial Circuit Court in and for Broward County, Florida, in case number 14-8132CF10A, Bill Bail Bonds executed bond powers PSC208489 and PSC208490. 19. On or about September 9, 2015, in the Eleventh Judicial Circuit Court in and for Miami-Dade County, Florida, in case number M-15-029195, Respondent executed bond powers PSE21659 and PSE21660. 20. Respondent, by and through, Bill Bail Bonds, executed bail bond powers PSC5228317, PSC208489, PSC208490, PSE21659 and PSE21660, without having a designated primary bail bond agent. 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 his license and appointments: (a) Section 648.45(2)(f), Florida Statutes, which provides it is a violation to demonstrate a lack of reasonably adequate knowledge and competence to engage in the transactions authorized by the license or appointment. (b) Section 648.45(2)(j), 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, Florida Statutes, or the Florida Insurance Code. (c) Section 648.45(3)(c), Florida Statutes, which provides it is a violation to fail to comply with any law relating to the business of bail bond insurance or violate any provision of the Florida Insurance Code. (d) Section 648.387(5), Florida Statutes, which provides, in relevant part, that a bail bond agency location may not conduct surety business unless a primary bail bond agent is designated at all times. COUNT III 21. The above general allegations are hereby re-alleged and fully incorporated herein by reference. 22. The Bail Bond Agreement contained provisions concerning Respondent remitting premiums to Palmetto. The Bail Bond Agreement provided as follows: 8. Premiums Rates, Collection, and Remittances. The Company shall have the right to fix and, from time to time, change Bond premium rates. The Appointee shall charge, collect and protect all Bond premiums as authorized and/or directed by the Company in writing from time to time. (a) Unless otherwise authorized and/or directed by the Company from time to time, and without regards to premium credit extended to customers, if any, the Bondsman shall remit to the Company within 30 days of execution of each Bond hereunder, such cash sum from premiums collected either by him or by Associate Bondsman as shall equal 10% ($10.00 per $1,000) of the face or principal amount of such bond. 23. On or about April 15, 2015, in the Nineteenth Judicial Circuit Court in and for Saint Lucie County, Florida, in case number 2015-CF-000504-A, Bill Bail Bonds, by and through, transfer agent Big Trouble/Loyalty Bail Bonds, Inc. executed bond power PSE75176. The face value of the bond power was seventy-five thousand dollars ($75,000.00). 24. Pursuant to Bail Bond Agreement, Respondent was required to remit two thousand three hundred seventy-five dollars ($3,375.00) in fees and premiums to Palmetto for bond power PSE75176. 25. As of January 4, 2019, Respondent owes Palmetto an outstanding balance of thousand three hundred fifty dollars ($2,350.00) for bond power PSE75176. 26. Onor about May 3, 2015, in the Twelfth Judicial Circuit Court in and for Sarasota County, Florida, in case number 2015-CF-008200-NC, Bill Bail Bonds through transfer agent Pirate Style Bailbonds executed bond powers PSC15084966, PSC15088835, PSC15084965, PSC15088836, and PSC15088837. The face value of the bond powers was seventy-five thousand dollars ($75,000.00). 27. Pursuant to Bail Bond Agreement, Respondent was required to remit two thousand four hundred seventy-five dollars ($2,475.00) in fees and premiums to Palmetto for the bond 6 (~ C powers referenced in paragraph 26. 28. As of January 4, 2019, Respondent has an outstanding premium balance of two thousand four hundred fifty dollars ($2,450.00) for the bond powers referenced in paragraph 26. 29. Onor about May 29, 2015, in the Sixteenth Judicial Circuit Court in and for Monroe County, Florida in criminal case number 2015-CF-078-A-M, Bill Bail Bonds through transfer agent Exit Bail Bonds, Inc. executed bond powers PSC5-232131, PSC5-232132, PSC5-232133, PSC5-232134, PSC5-232135, PSC5-232136, PSC5-232137, PSC5-232138, PSC5-232139, PSC5- 232140, PSCS5-232141, PSC5-232142, PSC5-232143, PSC5-232144, PSC5-232145, PSC5- 232146, PSC5-232147, PSC5-232148, and PSC5-232149. The face value of the bond powers was fifty-seven thousand dollars ($57,000.00). 30. Pursuant to Bail Bond Agreement and Transfer Bond Invoice, Respondent was required to remit one thousand eight hundred eighty-five dollars ($1,885.00) in fees and premiums to Palmetto for the bond powers referenced in paragraph 29. 31. As of January 4, 2019, Respondent owes Palmetto an outstanding balance of one thousand eight hundred sixty dollars ($1,860.00) in fees and premiums for the bond powers referenced in paragraph 29. 32. As of January 4, 2019, Respondent owes Palmetto a total of six thousand six hundred sixty dollars ($6,660.00) in fees and premiums for the transfer bonds referenced in paragraphs 24, 26, 29. 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 his license and appointments: (a) Section 648.45(2)(e), Florida Statutes, which provides it is a violation to C demonstrate a lack of fitness or trustworthiness to engage in the bail bond business. (b) Section 648.45(2)(f), Florida Statutes, which provides it is a violation to demonstrate a lack of reasonably adequate knowledge and competence to engage in the transactions authorized by the license or appointment. (c) 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, Florida Statutes, or the Florida Insurance Code. -(d) Section 648.45(2)(1), Florida Statutes, which provides it is a violation to demonstrate lack of good faith in carrying out contractual obligations and agreements. (e) Section 648.45(3)(c), Florida Statutes, which provides it is a violation to fail to comply with any law relating to the business of bail bond insurance or violate any provision of the Florida Insurance Code. (f) Section 648.295(1), Florida Statutes, which provides that all premiums, return premiums, or other funds belonging to insurers or others received by a person licensed pursuant to this chapter in transactions under her or his 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. COUNT IV 33. The above general allegations are hereby re-alleged and fully incorporated herein by reference. 34, The Bail Bond Agreement contained provisions outlining Respondent’s obligations to Palmetto with regard to bond forfeitures. The Bail Bond Agreement provided as follows: 12. Duties with Regard to Bond Forfeitures. The Appointee shall be solely responsible for the satisfaction of forfeitures of those Bonds he has 8 underwritten. The Appointee shall assist the Company in the satisfaction of such Bond forfeiture (including refraining from participation if so requested); the investigation of Bond principals and prospective Bond principals; audits of or concerning the Appointee; negotiation, settlement, and/or satisfaction of claims against the Company by Bond principals, courts, and/or others; and/or any and all other matters of bail bond administration hereunder as authorized and/or directed by the Company from time to time. 35. On April 21, 2015, in case number 50-2015-MM-004167-AXXX-SB, in the County Court in and for Miami-Dade County, Florida, a Notice of Appearance Bond Forfeiture was issued ordering Palmetto to pay five hundred dollars ($500) for the forfeiture of bond power number PSC5218212 executed by Bill Bail Bonds. On June 18, 2015, Palmetto deposited five hundred dollars ($500.00) with the clerk of court for Miami-Dade County, Florida. 36. On September 15, 2015, in case number 2015-CF-008200-NC, in the Circuit Court in and for Sarasota County, Florida, a Notice of Forfeiture was issued ordering Palmetto to pay seventy-five thousand dollars ($75,000.00) for the forfeiture of bond powers number PSC15084966, PSC15088835, PSC15084965, PSC15088836, and PSC15088837 executed by Bill Bail Bonds. On December 12, 2015, Palmetto deposited seventy-five thousand dollars ($75,000.00) with the clerk of court for Sarasota County, Florida. 37. On October 16, 2015, in case number 14-8132CF10A, in the County Court in and for Broward.County, Florida, an Order Estreating Bond was issued ordering Bill Bail Bonds to pay one thousand one hundred dollars ($1,000.00) for the forfeiture of bond powers number 08489 and 08490 executed by Bill Bail Bonds. On December 11, 2015, Palmetto deposited one thousand one hundred dollars ($1,000.00) with the clerk of court for Broward County, Florida. ORRGL 38. On November 24, 2015, in case number 201£03291}CA-O1, in the County Court in and for Miami-Dade County, Florida, a Judgment on Bail Bond Forfeiture was issued ordering Palmetto to pay five thousand four hundred one dollars ($5,401.00) as forfeiture for bond power 9 Cc number PSC5228317 executed by Bill Bail Bonds. On or about December 18, 2015, Palmetto deposited five thousand five hundred twenty-nine dollars and fifty-four cents ($5,529.54) with the clerk of court. On December 21, 2015, a Satisfaction of Judgment was issued in case number 2015- 02291-CA-01. 39. On December 17, 2015, in case number A1JOWRP, in the County Court in and for Miami-Dade County, Florida, a Notice of Forfeiture of Bail Bond was issued requiring Palmetto to pay nine hundred one dollars ($901.00) as forfeiture for bond power number PSC5261362 executed by Bill Bail Bonds. On or about February 19, 2016, Palmetto deposited one thousand four hundred forty-seven dollars and forty-seven cents ($1,447.47) with the clerk of court for Miami-Dade County, Florida. 40. On January 12, 2016, in case number 2016-000650-CA-01, in the County Court in and for Miami-Dade County, Florida, a Final Judgment on Bail Bond Forfeiture was issued ordering Palmetto to pay nine hundred one dollars ($901.00) as forfeiture for bond power number PSC15093229 executed by Bill Bail Bonds. On February 19, 2016, in the County Court in and for Miami-Dade County, Florida, a Clerk’s Certificate of Payment and Satisfaction of Judgment was issued in case number 2016-000650-CA-01. 41. On March 21, 2016, in case number 2016-006971-CA-01, in the County Court in and for Miami-Dade County, Florida, a Final Judgment on Bail Bond Forfeiture was issued ordering Palmetto to pay the sum of two thousand three hundred two dollars ($2,302.00) as forfeiture for bond powers number PSE21659 and PSE21660 executed by Respondent. 42. On or about May 5, 2016, in case number 2016-006971-CA-01, Palmetto deposited two thousand four hundred seven dollars and thirty-nine cents ($2,407.38) with the clerk of court for Miami-Dade County, Florida. On May 5, 2016, a Clerk’s Certificate of Payment and Satisfaction of Judgment was issued in case number 201 6-006971-CA-01. 43. On November 10, 2016, in case number 15-012900CFI10A, the Clerk of the Circuit Court in and for Broward County, Florida issued an Order Estreating Bond ordering Bill Bail Bonds to pay the sum of ten thousand dollars ($10,000.00) for the forfeiture of bond powers number PSE526563 and PSE155586 executed by Bill Bail Bonds. On or about January 11, 2017, Palmetto deposited with the clerk of court the total amount of ten thousand dollars ($10,000.00), 44, As of January 4, 2019, Respondent owes Palmetto eighty-nine thousand one hundred twenty-eight dollars and sixty-six cents ($89,128.66) for the forfeitures referenced in paragraphs 35-43. 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 his license and appointments: (a) 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. (b) Section 648.45(2)(j), 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, Florida Statutes, or the Florida Insurance Code. (c) Section 648.45(2)(1), Florida Statutes, which provides it is a violation of a law to demonstrate lack of good faith in carrying out contractual obligations and agreements. (d) Section 648.45(2)(m), Florida Status, which provides it is a violation for a licensee to fail to perform a contractual obligation or agreement with an insurer which results in an unrecovered loss due to nonpayment of a forfeiture or judgment by the licensee. (e) Section 648.45(3)(c), Florida Statutes, which provides it is a violation to fail to comply with any law relating to the business of bail bond insurance or violate any provision of the ~ ~ Florida Insurance Code. 45. The above general allegations are hereby re-alleged and fully incorporated herein by reference. 46, On or about May 1, 2017, the Department requested that Respondent provide specific information regarding the operation of Bill Bail Bonds. The Notice of Investigation COUNT V requested that Respondent provide the following documents no later than May 15, 2017: 1. 2. 3. 4. 5. Sern a 0. 1 —_ 12. 13, 14. 15. 16. The Notice of Investigation is attached hereto as Exhibit “2” and is fully incorporated herein by reference. Licensed/Appointed Primary Bail Bond Agent designated for each agency. Company Appointments. Name, License /number, Address, Telephone Number of all agents in the office. Bank Name, Account Number, Account Type of all Collateral Trust Accounts. Bank Name, Account Number, Account Type of all Credit Card Accounts. Daily Bond Register. The list of bond powers assigned to the agent for each Company. Number of Bail Bonds Executed, Quantity and Total Dollar Amount. Bail bonds declared forfeited. Forfeitures discharges, remitted or otherwise recovered prior to payment for any reason. . Forfeitures discharges, remitted or otherwise recovered prior to payment due to the apprehension of defendant by the bail bond agent. Judgments entered. Forfeitures paid & subsequently recovered from the court by discharge, remission, or otherwise. Bonds for which collateral was accepted. Actual realized value of collateral converted, without conversion cost. List of every outstanding or unpaid forfeiture, estreature, and judgment with the case number and the identity of the court involved. Cc 47. On May 16, 2017, Respondent’s counsel provided the Department with a list of bail bonds executed by Bill Bail Bonds in Miami-Dade County between March 11, 2014 and March 29, 2017; a list of Powers of Attorney assigned to Bill Bail Bonds; and a copy of Bill Bail Bond’s daily bond log. 48. On November 27, 2017, Respondent’s counsel sent the Department an undated form for Designation/Delegation of Primary Bail Bond Agent via email. 49. Respondent has failed to provide the Department with the documents referenced in paragraph 46 as of January |, 2019. 50. Respondent failed to maintain a record of all bail bonds executed and failed to make all records available to the Department. 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 his license and appointments: (a) Section 648.45(2)(j), 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, Florida Statutes, or the Florida Insurance Code. (b) Section 648.45(3)(c), Florida Statutes, which provides it is a violation to fail to , comply with any law relating to the business of bail bond insurance or violate any provision of the Florida Insurance Code. (c) Section 648.36, Florida Statutes, which provides that 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, Cc 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 fini 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. WHEREFORE, Respondent is hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking her licenses and appointments as a bail bond agent or to impose such penalties as may be provided under the relevant provisions of the Florida Insurance Code and Florida Administrative Code iment but not limited to, the sections referenced herein. DATED and SIGNED thisod/ day of Pehssa) , 2019. Gregory Thomas, Director Division of Insurance 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 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 requesting a hearing in this matter, you are the "respondent"). (b) 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 oe (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. Ifa 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 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 16 C ‘e 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 that a. true and correct copy of the foregoing Administrative Complaint and Election of Proceeding has been furnished via USPS Certified Mail to William Abel Elias at 631 North West 59 Court, Miami, Florida 33126; and William Abel Elias at Bill Bail + Bonds, 1501A Northwest 14 Street, Miami, Florida 33125 this We day of Fibasiag ; 2019. Marsh ichael Griffin Senior Attorney Florida Bar Number: 98516 Department of Financial Services Office of the General Counsel 200 East Gaines Street Tallahassee, Florida 32399-0333 Phone Number: (850) 413-4140 Marshawn.Griffin@myfloridacfo.com ___ Fh 7099 4991 70354 5678 O11? 7A 7499 9990 7039 S676 oxay lan C STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES OFFICE OF THE GENERAL COUNSEL DEPARTMENT OF FINANCIAL SERVICES, Petitioner, y CASE NO.: 220415-18-AG WILLIAM ABEL ELIAS, Respondent. / 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. [] 1donot dispute any of the Department’s factual allegations and I do not desire a hearing. 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, I 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. [ ] Ido 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: If you are represented by an attorney or qualified Phone No.: representative, please attach to this election form his or her name, address, telephone and fax numbers Fax No.: E-mail 19

Docket for Case No: 19-002311PL