STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF INSURANCE )

AND TREASURER, )

)

Petitioner, )

)

vs. ) CASE NO. 92-4474

)

PAULA MARIA LETTERA, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to written notice, a formal hearing was held in this case before Daniel Manry, a duly designated Hearing Officer of the Division of Administrative Hearings, on November 5, 1992, in West Palm Beach, Florida.

APPEARANCES

For Petitioner: Willis F. Melvin, Esquire

Department of Insurance and Treasurer

412 Larson Building

Tallahassee, Florida 32399-03001

For Respondent: Ms. Paula Maria Lettera, pro se

2931 S.W. 22d Circle, Apt. 31-A Delray Beach, Florida 33445

STATEMENT OF THE ISSUE

The issue for determination in this proceeding is whether Respondent required a service charge in the amount of $20 in connection with a bail bond and, if so, what, if any, disciplinary action should be taken against Respondent's license.

PRELIMINARY STATEMENT

Petitioner filed a single-count Administrative Complaint against Respondent on February 25, 1992. Respondent requested a formal hearing on June 19, 1992.

The matter was referred to the Division of Administrative Hearings for assignment of a hearing officer on July 22, 1992, and assigned to the undersigned on July 29, 1992. A formal hearing was scheduled for November 5, 1992, pursuant to a Notice of Hearing issued on August 19, 1992.

At the formal hearing, Petitioner presented the testimony of Mr. John McCormack, Records Custodian, First Union Bank, and Mrs. Nancy Smith, the mother of Billy Ray Smith who was the subject of the bail bond. Petitioner submitted four exhibits for admission in evidence. 1/ Petitioner's exhibits 1-4 were admitted in evidence without objection. Respondent failed to appear for the formal hearing and presented no evidence.

A transcript of the formal hearing was not requested by either party.

Petitioner filed proposed findings of fact and conclusions of law on November 19, 1992. Respondent did not file proposed findings of fact and conclusions of law. Petitioner's proposed findings of fact are addressed in the Appendix to this Recommended Order.

FINDINGS OF FACT

1. Respondent is licensed in the state as a limited surety agent ("bail bondsman"). On or about May 16, 1991, Respondent negotiated a bail bond regarding Bobby Ray Smith in the amount of $500. Nancy Smith, Bobby Ray Smith's mother, paid Respondent a premium of $50 and a service fee of $20 in the form of two separate checks.

   
   

2. Both checks were deposited to the Mancini Bail Bond account and negotiated. Respondent is a signatory on the Mancini Bail Bond account. Respondent did not give Nancy Smith a receipt for the service fee of $20. Respondent has no prior disciplinary history.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction over the subject matter of this proceeding and the parties thereto. The parties were duly noticed for the formal hearing.

   
   

4. The burden of proof is on Petitioner. Petitioner must show by clear and convincing evidence that Respondent is guilty of the acts alleged in the Administrative Complaint and, if so, what, if any, disciplinary action should be taken against Respondent's license. Ferris v. Turlington, 510 So.2d 292 (Fla. 1987).

   
   

5. Petitioner satisfied its burden of proof. Petitioner violated relevant provisions in Sections 648.442(2), 648.45(2)(d)-(g) and (j), 648.45(3)(b) and (d), Florida Statutes, and Florida Administrative Code Rules 4- 1.002 and 4-1.005(1) and (2).

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order finding Respondent guilty

of the allegations in the Administrative Complaint and suspending Respondent's license for 90 days.

DONE AND ENTERED this 14th day of January, 1993, in Tallahassee, Florida.

DANIEL MANRY

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399

(904) 488

Filed with the Clerk of the Division of Administrative Hearings this 14th day of January, 1993.

ENDNOTE

1/ Petitioner's Exhibit 1 is a certified copy of Respondent's licensure file. Petitioner's Exhibit 2 is a copy of relevant bank records from First Union Bank. Petitioner's Exhibit 3 is a copy of the bail bond documents relevant to this proceeding, including a power of attorney executed by Bobby Rae Smith in favor of Respondent. Petitioner's Exhibit 4 is a copy of the receipt for collateral and cancelled checks.

APPENDIX TO RECOMMENDED ORDER, CASE NO. 92-4474

The Petitioner's Proposed Findings of Fact 1.-2. Accepted in Finding 1.

3. Accepted in Finding 2. 4.-6. Accepted in Finding 1. 7.-8. Accepted in Finding 2.

Respondent did not submit proposed findings of fact.

COPIES FURNISHED:

Willis F. Melvin, Esquire

Department of Insurance and Treasurer

412 Larson Building

Tallahassee, Florida 32399-03001

Ms. Paula Maria Lettera, pro se 2931 S.W. 22d Circle, #31-A

Delray Beach, Florida 33445

The Honorable Tom Gallagher State Treasurer and Insurance

Commissioner

The Capitol, Plaza Level Tallahassee, Florida 32399-0300

Bill O'Neil, Esquire General Counsel

Department of Insurance and Treasurer The Capitol, Plaza Level

Tallahassee, Florida 32399

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 92-004474

Orders for Case No: 92-004474