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DEPARTMENT OF INSURANCE vs LEE N. CALHOUN, 00-000597 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-000597 Visitors: 42
Petitioner: DEPARTMENT OF INSURANCE
Respondent: LEE N. CALHOUN
Judges: ELLA JANE P. DAVIS
Agency: Department of Financial Services
Locations: Gainesville, Florida
Filed: Feb. 02, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 14, 2000.

Latest Update: Dec. 24, 2024
4 THE TREASURER 0 OF THE STATE OF FLORIDA. gow inte eh lana be DEPARTMENT OF INSURANCE BILL NELSON IN THE MATTER OF: ; : CASE NO.: LEE N. CALHOUN ; / ADMINISTRATIVE COMPLAINT _ TO: LEEN. CALHOUN 6333 Northeast 59" Street Gainesville, Florida 32609-1562 SHH Rd e- G4 00 LEE N. CALHOUN 2606 Northwest 6" Street, Unit O Gainesville, Florida 32609-2974 You, LEE N. CALHOUN, are hereby notified that the Insurance Commissioner of the State of Florida has caused to be made an investigation of your activities while licensed as an insurance s agent in 1 this state, as a a result of which itis alleged: "GENERAL, ALLEGATIONS pter 648, ) Florida Statutes, the F lorida Departmen of our insurance license and appointments, . 4. You, LEE N. ‘CALHOUN, have been appointed by Continental Hertage Insurance Company tc tow write limited surety bonds and/or bail bonds on its behalf. een ern cee tt sceedhddenachamadicamnen dollars ($60.00). COUNT! 5. The above general allegations are hereby realleged and fully incorporated herein by reference. 6. At all times relevant to the allegations in this Administrative Complaint, . you, LEE N. CALHOUN, have been doing business as, or on behalf of, a bail bonds business known as Calhoun’ s Action Bail Bonds and located at 706 SW Martin L. King ; Avenue, Ocala, Marion County, Florida, 7. You, LEE N. CALHOUN, did piace or caused to be placed an advertisement in the March 1999 Sprint Ocala-Marion Countywide Yellow Pages telephone book for Calhoun’s Action Bail Bonds that advertised & a reduced bail bond ‘premium rate, (A copy ‘of the advertisement is contained i in nthe atached Exhibit A). 8. The advertisement contained the following statements: “Reasonable Rate Bonding Service” and "Quick Jail Release’ . 9. “There i is only one approved bail bond rate i in \ the State of Florida, ‘The only b bail bond rate that has been approved by the Florida Der artment of Insurance | is ten percent for state bonds and 115 on 1 Federal bonds, with j a minimum n premium: of fi ity 40. You, ‘LEE N. CALHOUN, advertised, or ‘caused to be advertised, a e Rate - Bon ng Service’ which implies | that there | iS more than one 1 approved rate and that the tate charged by you and/or Calhoun’ S Action Ball Bonds i is more s reasonable than another bail bond agent’s : rate. See RR TEE EO RT rr ee

Code (F.A.C.), you have a fight to request a proceeding to contest this action k y the Department. You may j elec a a proceeding by completing the ae 2 OEE ERE RT ©) ©) attached Election of Rights form or filing a Petition. Your Petition or Election ofa proceeding must be in writing and must be filed with the General Counsel acting as the Agency Clerk, Department of Insurance. If served by U. Ss. Mail the Petition or Election should be addressed to the Florida Department of Insurance at 612 Larson Building, ; Tallahassee, Florida 32399- 0333. lf Express Mail or hand delivery i is utilized, the Petition or Election should be delivered to 612 Larson Building 200 East Gaines Street 7 Tallahassee, Florida 32999. 0300. The Petition or Election must be received by, and - filed i in the Department within twenty- -one , (21) days of the date of your receipt of this notice. YOUR FAILURE TO RESPOND TO THIS ADMINISTRATIVE COMPLAINT WITHIN TWENTY-ONE (21) DAYS WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. Ifa proceeding is requested and there is no dispute of fact the provisions of Section 120. $7(2), Florida Statutes would apply. In this regard you may submit oral or written evidence | in opposition to the action taken by this agency ora written statement challenging ‘the grounds upon which the agency as re lied. “While a hearing is normally not required in tne absence of a dispute of fact, ity you u feel that a hearing is necessary oo, ae will be conducted i in 1 Tallahassee Florida or by telephon nic © conference call upon yout request. cts Which are the basis for this agency's action you may request a forma al adversarial proceeding pursuant to Sections 120. 569 and 120, 57(1), nee eeeter ners eee - ee As + Ow U Florida Statutes. it you request this type of proceeding, the request must comply with all of the requirements of Rule 28- 106, FAC. and contain a) A \ statement identitying with Particularity the allegations of the : ‘Department which y you dispute and the nature of the dispute: b) An explanation of what relief you are > seeking and believe you are entitled to; Cc) Any other information which you contend i is material. 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 Ce me re Department will request that the hearing be conducted in Tallahassee. Ifa hearing i is , requested, you have the right to be represented by counsel, or , other T qualified Tepresentative, to take testimony, to call and to cross-examine . witnesses, and to have subpoena and subpoena duces tecum issued on your behalf. . Pursuant to Section 120. 873, Florida Statutes, you are hereby notified that | t “Failure to follow the procedure outlined with egard to your response to this mediation i is not available. ‘notice may result i in the request being denied. All prior correspondence i in this matter ey ton, and no 0 such correspondence shall operate timely re renewed | in compliance with the 6 guidelines a as set out above. BILL NELSON Treasurer and ~_ ye Insurance Commissioner * ag van” CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing "ADMINISTRATIVE Ci COMPLAINT. and ELECTION OF RIGHTS. has been furnished to: LEE N. CALHOUN, 6333 Northeast 59" Street, Gainesville, Florida 32609-1562, and to : LEE N. CALHOUN, 2606 Northwest 6" Street, Unit O, Gainesville, Florida 32609-2974, “by Certified Mail this _ Ss a day of _/ Dotan bo r090 MIGUEL OXAMENDI Senior Attorney Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4130 ceeeecsnecge ee pete cea wmpenmmen open ee


Docket for Case No: 00-000597
Source:  Florida - Division of Administrative Hearings

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