Ww ed JAN 21° 2008 waunings COMMISSIONER THE TREASURER OF THE STATE OF FLORIDA * — DEPARTMENT OF INSURANCE BILL NELSON ; IN THE MATTER OF: - Oo 00-13/3— “CASE NO.: 31043-99 AG DONNA M. JAQUITH / fon} > Qo BS ADMINISTRATIVE COMPLAINT zS= Th PE Qe TO: DONNA M. JAQUITH 255 o or 149 NW 34" Street Or =~ 2 Oakland Park, Florida 33309-6037 =a = i) “2 DONNA M. JAQUITH 947 N. Andrews Avenue Ft. Lauderdale, FL 33311- 7440 You, DONNA M. JAQUITH, 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 a bail bond agent in this state, as a result of which it is alleged: A Pursuant t to © Chapter 648, Florida Statutes, you, DONNA M. 1 JAQUITH, are currently licensed i in this state asa limited surety agent (2- 34). 2. Pursuant to Chapter 648, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance license and appointments. : 3. ____At all times relevant to the allegations in this Administrative Complaint. you, DONNA M. JAQUITH, have been doing business ¢ as, oron behait of, a bail bonds es amount of five hundre { Vv a?) business known as A All Out Bail Bonds. Inc., which was located in Broward County, Florida. 4. At all times relevant to the allegations in this Administrative Complaint, you, DONNA M. JAQUITH, were appointed by International Fidelity Insurance Company (hereinafter referred to as “International Fidelity”) to write limited surety bonds and/or bail bonds on its behalf. 5. At all times relevant to the allegations in this Administrative Complaint, Marwayne, Inc., and/or Wayne H. Spath was the managing general agent for international Fidelity. . 6. On or about July 7, 1997, your, DONNA M. JAQUITH'’S, appointment with International Fidelity was terminated. . COUNTI 7. The above general allegations are hereby realleged and fully incorporated herein by reference. 8. You, DONNA M. JAQUITH, collected five hundred sixty-two dollars ($562. 00) in premiums. that you failed to remit to International Fidelity. You, DONNA M. JAQUITH, were required to immediately remit to : international Fidelity and/or the managing general agent the premiums collected i in the xty-two dollars ($562 00), as referenced paragraph 8, above. 10. You, DONNA M. SAQUITH, have also failed tc ton remit to the ° required premiums atte general. wv 7 | 11. You, DONNA M. JAQUITH, misappropriated and converted for your own use and benefit five hundred sixty-two dollars ($562.00) in premiums that should have been remitted by you to International Fidelity and/or the managing general agent. IT 1S THEREFORE CHARGED that you, DONNA M. JAQUITH, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and appointments: (a) 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. [Section 648.295(1), Florida Statutes]; Any licensee who unlawfully diverts or appropriates such funds or any portion thereof to her or his own use commits larceny by embezzlement, punishable as provided by law. [Section 648.295(3), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648,45(2) (e), Florida Statutes]; ; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. . [Section 648.45(2) @, Florida Statutes} | (d) Misappropriation, conversion, or unlawful withholding of moneys belonging to a surety, a principal, or others and received in the conduct of business under a license. [Section 648.45(2)(h), Florida Statutes]; - vy v (e) Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of this code. [Section 648.45(2)(j), Florida Statutes]; . (f) Demonstrated lack of good faith in carrying out contractual obligations and agreements. [Section 648.45(2)(I), Florida Statutes]; . (g) Violation of any law relating to the business of bail bond insurance or violation of any provision of the insurance code. [Section 648.45(3)(c), Florida Statutes]. (h) Failure or refusal, upon demand, to pay over to any insurer the bail bond agent represents or has represented any money coming into his or her hands which money belongs to the insurer. [Section 648.45(3)(d), Florida Statutes}. (i) Being found to be a source of injury or loss to the public or detrimental to the public interest or being found by the department to be no longer carrying on the bail bond business in good faith. [Section 648.45(3)(e), Florida Statutes]. COUNT Il 12. The above general allegations are hereby realleged and fully incorporated herein by reference. | 13. You, DONNA M. JAQUITH, collected two hundred eighty-one dollars ($281.00) in premiums that should have been remitted to International Fidelity or the managing general agent for deposit and maintenance i ina build -up fund pursuant to Section 648.29, Florida Statutes. w) * : . . ‘w) 14. .You, DONNA M. JAQUITH, were required to immediately remit to International Fidelity or the managing general agent the two hundred eighty-one dollars ($281.00) of premium for deposit and maintenance in a build-up fund. 15. You, DONNA M. JAQUITH, have failed to remit to international Fidelity or the managing general agent the two hundred eighty-one dollars ($281.00) of premium money collected that was intended for deposit and maintenance in a build-up fund. 16. You, DONNA M. JAQUITH, are not entitled to the two hundred eighty-one dollars ($281.00) of premium money intended for deposit and maintenance in the build- fund because all liabilities on the bonds written have not been discharged. 17. You, DONNA M. JAQUITH, have also failed to remit to the required premiums into the build-up fund after repeated demands from International Fidelity and/or the managing general. 18. You, DONNA M. JAQUITH, misappropriated and converted for your own use and benefit two hundred eighty-one dollars ($281.00) in premiums that should have been remitted by you to International Fidelity and/or the managing general agent for deposit and maintenance i in the build-fund. | ITIS THEREFORE CHARGED that t you, DONNA M. JAQUITH, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules _of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and appointments: (a) 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 5 ee iw) i a . Ww licensee must account for and pay the same to the insurer, insured, or other person entitled to such funds. [Section 648.295(1), Florida Statutes]; Any licensee who unlawfully diverts or appropriates such funds or any portion thereof to her or his own use commits larceny by embezzlement, punishable as provided by law. [Section 648.295(3), Florida Statutes]; (b) All build-up funds posted by a bail bond agent or managing general agent, either with the insurer or managing general agent representing such insurer, must be maintained in an individual build-up trust account for the bail bond agent by the insurer or the managing generai agent in a bank or savings and loan association in this state jointly in the name of the bail bond agent and the surety or managing general agent or in trust for the bail bond agent by the surety or managing general agent and is open to inspection and examination by the department at all times. [Section 648.29(1), Florida Statutes]; | (c) Demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2) (e), Florida Statutes]; @ Fraudulent or dishonest Practices i in the conduct of business under the license or - appointment. [Section 648. 45(2) @) Florida Statutes; (e) Misappropriation, conversion, or unlawful withholding of moneys belonging to ». a surety, a principal, or others and received in the conduct of business under a license. {Section 648. 8.45(2)(h), Florida a Statutes}; , oF wilful viol ati y proper order or tule of the department or willful violation of any provision of this code. [Section 648. 45(2)(), Florida Statutes}: | een th i (g) secon lack of good faith in carrying ous erat obligations and agreements. [Section 648.45(2)(1), Florida Statutes]; (h) Violation of any law relating to the business of bail bond insurance or violation of any provision of the insurance code. [Section 648.45(3)(c), Florida Statutes]. (i) Failure or refusal, upon demand, to pay over to any insurer the bail bond agent represents or has represented any money coming into his or her hands which money belongs to the insure. [Section 648.45(3)(d), Florida Statutes}. (j) Being found to be a source of injury or loss to the public or detrimental to the public interest or being found by the department to be no longer carrying on the bail bond business in good faith. [Section 648.45(3)(e), Florida Statutes]. WHEREFORE, you, DONNA M. JAQUITH, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your licenses and appointments as a limited surety agent or to impose such penalties as may be provided under the provisions of Sections 648.44, 648.45, 648.49 ’ 648. 52, and 648. 53 Florida Statutes and under the other referenced sections of the Florida ir this Administrative Complaint. - Pursuant t io Sections 120. 569 and 120. 57, Florida Statutes and Rule 26-1 06, Florida ministrative Code € A C. ), you have a ight to request a proceeding to contest this action byt the Department You may elect a Proceeding by completing the attached Election of Rights form or fi iling a Petition. “Your Petition or Election of a proceeding must be in writing and must be filed with the General Counsel acting as the 7 your request. request a formal adversarial proceeding pursuant to Sections 120. 569 and 120. 57(1), wo . ‘F) Agency Clerk, Department of Insurance. If served by U.S. Mail the Petition or Election should be addressed to the Florida Department of Insurance at 612 Larson Building, Tallahassee, Florida 32399-0333. If Express Mail or hand delivery is utilized, the _ Petition or Election should be delivered to 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0300. The Petition or Election must be received by, and filed 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. If a proceeding is requested and there is no dispute of fact the provisions of Section 120.57(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 has relied. While a hearing is normally — not required i in the absence of a dispute of fact, if you: feel that a hearing is necessary one will be conducted i in | Tallahassee, Florida or of by telephonic conference call ‘upon Florida Statutes. If you request this type of proceeding, the request must comply with | . all of the requirements of Rule 28- 406, F. A. C. and contain. wv _*) a) A statement identifying with particularity the allegations of the Department which you dispute and the nature of the dispute; b) An explanation of what relief you are seeking and believe you are entitled to; c) / Any other information which you contend is material. These proceedings are held before a State administrative law | judge of me Division of © S Administrative Hearings. Unless the majority of witnesses are located gidurerathe-y <= Department will request that the hearing be conducted i in Tallahassee Bae 522 rT 9 If a hearing i is requested, you have the right to be represented by Sounset Sore NE 62 ay ; a other qualifi ied representative, to take testimony, to call and to cross-examine Z witnesses, and to have subpoena and subpoena duces tecum issued on your behalf. Pursuant to Section 120. 573, Florida Statutes, you are hereby notified that mediation is ot availat able. Failure t to follow the procedure outlined with regard to your response to this notice may result i in the request being denied. All prior correspondence in this matter shall be considered freeform agency action, and no such Correspondence shall operate ~ asa valid request for an administrative proceeding Any request for administrative proceeding received p prior to the date of this notice shall be deemed abandoned unless . timely renewed i in compliance with the guidelines as set out above, ONS da ona 2000. ON Treasurer and Insurance Commissioner seer wee ge meee ee SE ERR RT RES rere ea 2 oT ere ger yee Ml ~ CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to: DONNA M. JAQUITH, 149 NW 34" Street, Oakland Park, Florida 33309-6037, and DONNA M. JAQUITH, 947 N. Andrews Avenue, Ft. Lauderdale, FL 33311-7440, by Certified Mail this 2 \tay of mes, 2000, MIGUEL OXAMEND! | Senior Attorney Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4130

Docket for Case No: 00-001312