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DEPARTMENT OF INSURANCE vs DORIS ELIZABETH MEYER, 00-004990PL (2000)

Court: Division of Administrative Hearings, Florida Number: 00-004990PL Visitors: 2
Petitioner: DEPARTMENT OF INSURANCE
Respondent: DORIS ELIZABETH MEYER
Judges: LARRY J. SARTIN
Agency: Department of Financial Services
Locations: Miami, Florida
Filed: Dec. 12, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 16, 2001.

Latest Update: Jan. 10, 2025
THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE 00-49. 90PL BILL NELSON IN THE MATTER OF: DORIS ELIZABETH MEYER ADMINISTRATIVE COMPLAINT TO: DORIS ELIZABETH MEYER 15033 SW 65" Terrace Miami, Florida 33193-2010 DORIS ELIZABETH MEYER MILLENNIUM BAIL BONDS INC 1465 NW North River Drive Miami, Florida 33125-2601 ADMINISTRATIVE COMPLAINT You, DORIS ELIZABETH MEYER, 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 limited surety agent in this state, as a result of which it is alleged that: GENERAL ALLEGATIONS 1. Pursuant to Chapter 648, Florida Statutes, you, DORIS ELIZABETH MEYER, are licensed in this state as a limited surety agent (2-34). 2. Pursuant to Chapter 648, Florida Statutes, the Florida Department of Insurance has jurisdiction over your limited surety license and appointments. COUNT I 3. The above General Allegations are hereby realleged and fully incorporated herein by reference. 4. On or about September 5, 2000, you, DORIS ELIZABETH MEYER, pled no contest, were found guilty and adjudication was withheld, in the County Court of the Eleventh Judicial Circuit, In and For Miami-Dade County, Florida, in Case No. M00-6503, of one misdemeanor of the first degree count of fraudulent bailbondsman practices in violation of Section 648.44(1)(b), Florida Statutes. 5. On or about October 22, 1999, you, DORIS ELIZABETH MEYER, in Miami-Dade County, Florida, did unlawfully, while acting as a limited surety bail bond agent, directly or indirectly solicit business in or on the property of a jail, prison, or other place where prisoners are confined, to wit: The Miami-Dade County Pre Trial Detention Center. IT IS THEREFORE CHARGED that you, DORIS ELIZABETH MEYER, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitute grounds for the suspension or tevocation of your license and appointments as a limited surety agent and your eligibility for licensure and appointment: (a) A bail bond agent, temporary bail bond agent, or runner may not: .. . Directly or indirectly solicit business in or on the property or grounds of a jail, prison, or other place where prisoners are confined or in or on the property or grounds of any court. The term “solicitation” includes the distribution of business cards, print advertising, or other written information directed to prisoners or potential indemnitors, unless a request is initiated by the prisoner or a potential indemnitor. Permissible print advertising in the jail is strictly limited to a listing in a telephone directory and the posting of the bail bond agency’s name, address, and telephone number in a designated location within the jail. [Section 648.44(1)(b), Florida Statutes]; (b) 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 for any of the following causes: [Section 648.45(2), Florida Statutes]; (c) Willful use, or intended use, of the license or appointment to circumvent any of the requirements or prohibitions of this chapter or the insurance code. (Section 648.45(2)(d), Florida Statutes]; (d) Demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes]; (¢) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 648.45(2)(f), Florida Statutes]; (63) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 648.45(2)(g), Florida Statutes]; (g) 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 chapter or the insurance code. [Section 648.45(2)(j), Florida Statutes]; (h) The department may deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, or it may 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 for any of the following causes: [Section 648.45(3), Florida Statutes]; (i) 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]; Gg) 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]; (kK) Any licensee found to have violated s. 648.44(1)(b) . ... shall, at a minimum; be suspended for a period of 3 months. A greater penalty, including revocation, shall be imposed if there is a willful or repeated violation of s. 648.44(1)(b) . . . or the licensee has committed other violation of this chapter. [Section 648.45(4), Florida Statutes]; (()) (1) No person shall directly or indirectly solicit business in or on the property or grounds of a jail, prison, or other place where prisoners are confined, or in or on the property or grounds of a court or any building housing courtrooms. (2) __ For the purposes of this rule, solicit shall include: (a) _ Displaying, wearing, or distributing any item which directly or indirectly advertises bail bond services; or (b) Approaching anyone or urging, enticing, luring, or inviting anyone to approach a bail bond agent to use their services. (c) Parking a motor vehicle, which displays the name of a bail bond agent, a ; bail bond agency, or any other information advertising bail bond services. (d) Passing out business cards unless requested by the principal or indemnitor or other print advertising by any licensee or unlicensed persons in jails, courthouses, or other immediate areas as described in paragraph (3). Print advertising allowed in the telephone book is yellow page advertising. (e) Only the state issued identification or jail approved identifications may be worn in the locations described in paragraph (3). (f) Loiter in any of the areas described in paragraph (3). (3) For the purposes of this rule, the property or grounds of a court, jail, prison, or other place where prisoners are confined shall include all parking lots and parking spaces adjacent to such places or adjacent to public walkways adjacent to such places. [Section 4-221.095, Florida Administrative Code]. WHEREFORE, you, DORIS ELIZABETH MEYER, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order revoking your license and appointments as a limited surety agent or to impose such lesser penalties as may be provided under the provisions of Sections 648.45, 648.46, 648.49, 648.50, 648.52, and 648.53, Florida Statutes, and under the other referenced sections of the Florida Statutes, procedures, and rules as set forth in this Administrative Complaint. NOTICE OF RIGHTS Pursuant to Sections 120.569 and 120.57, Florida Statutes and Rule 28-106, Florida Administrative Code (F.A.C.), you have a right to request a proceeding to contest this action by the Department. You may elect-a proceeding by completing the attached Election of Rights form or filing a Petition. Your Petition or Election of a proceeding must be in writing and must be filed with the General Counsel acting as the Agency Clerk, Department of Insurance. If served by US 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 32399-0333. 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 or a written statement challenging the grounds upon which the agency 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. If you dispute material facts which are the basis for this agency's action you may request a formal adversarial proceeding pursuant to Section 120.569 and 120.57(1), Florida Statutes. If you request this type of proceeding, the request must comply with all of the requirements of Rule 28-106, F.A.C. and contain a) A statement identifying with particularity the allegations of the Department which you dispute and the nature of 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 the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere the Department will request that the hearing be conducted in Tallahassee. If you request a hearing, you have the right to be represented by counsel, or other qualified representative, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf. You are hereby notified that mediation under Section 120.573, Florida Statutes, is not available. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior correspondence in this matter shall be considered freeform agency action, and no such correspondence shall operate as a valid request for an administrative proceeding. Any request for administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines set out above. DATED and SIGNED this ZB | o day of November, 2000. BILL NELSON Treasurer and Insurance Commissioner Hie yay whe” STATE OF FLORIDA DEPARTMENT OF INSURANCE IN THE MATTER OF: DORIS ELIZABETH MEYER CASE NO. 36890-00-AG / ELECTION OF RIGHTS Ihave received and have read the Administrative Complaint filed 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. [] I do not desire a proceeding. The Department may enter a final order revoking my licenses. 2. I do not dispute any of the Department's factual allegations and I hereby elect an informal 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 hes [ ] attend an informal hearing to be held in Tallahassee; or [ ] attend an informal hearing by way of a telephone conference call. 3. [] 1! do dispute the Department's factual allegations. I have attached to this form a statement indicating the specific issues of fact which are disputed and other required information indicated in the Notice of Rights. I hereby request a formal adversarial proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes to be held before the Division of Administrative Hearings. DATE: TO PRESERVE YOUR RIGHT TO A PROCEEDING, YOU MUST RETURN THIS FORM WITHIN TWENTY-ONE (21) DAYS OF RECEIPT TO THE DEPARTMENT OF INSURANCE AT THE ADDRESS INDICATED IN THE NOTICE OF RIGHTS. Signature of Petitioner Phone: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to: DORIS ELIZABETH MEYER, 15033 SW.65" Terrace, Miami, Florida, 33193-2010, and DORIS ELIZABETH MEYER, MILLENNIUM BAIL BONDS INC, 1465 NW North River Drive, Miami, Florida, 33125-2601, by US Certified Mail this Alof day of November, 2000. DICKSON E. KESLER, ESQ Division of Legal Services Florida Department of Insurance 401 NW 2nd Avenue, Suite N-321 Miami, Florida 33128 PRE enema ennmmennnmam:imminnd STIS 9ST. EXt 384. a : A/C/36890-00-AG/1 1/21/00 ; SENDER: | also wish to receive the following service (for an extra fee) awed DICK KESLER : ; SARE a4 A/C/36890-00-AG/1 1/21/00 SENDER! Dick KESLER 3. Article Addressed to: DORIS ELIZABETH MEYER 15033 SW 65TH TERRACE MIAMI FL 33193-2010 P9375 984 13a QE hi 8 A i : PS Form 3811, De Domestic Return Receipt:

Docket for Case No: 00-004990PL
Source:  Florida - Division of Administrative Hearings

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