FILED AT oct 5 2001 j THE TREASURER OF THE STATE OF FLORIDA TREASURER AND INSURANG! ; DEPARTMENT OF INSURANCE NSUBANCE COMMISSIONE® TOM GALLAGHER Soswt B | Ol-04519 #L fae IN THE MATTER OF: fee 8 ao 2A w tf Bes ; Bee - Yury - C105 B29 oo SG YOSVANI ALFONSO CASE NO: 352G23-00-AG / FINAL ORDER THIS CAUSE came on for consideration and final agency action. On December 6, 2000, an Administrative Complaint was issued by the Department of Insurance against the Respondent, Yosvani Alfonso, | alleging that his bail bond agent advertisement violated Chapter 648, Florida Statutes by being false, deceptive and misleading and further, that Respondent had permitted unlicensed employees to accept collateral and handle collateral receipts. Petitioner timely filed a request for a proceeding pursuant to section 120.57(1), Florida Statutes. Pursuant to notice, the matter was heard before Robert E. Meale, Administrative Law Judge, Division of Administrative Hearings, on May 1, 2001. After consideration of the record and argument presented at hearing, the Administrative Law Judge issued his Recommended Order on July 18, 2001. (Attached as Exhibit A). The Administrative Law Judge recommended that the Respondent be fined an administrative penalty of $2,500.00 and that his license be placed on probation for two (2) years from the date of the Final Order. rn On August 1, 2001, Respondent timely filed exceptions to the Recommended Order. Respondent excepted to two Conclusions of Law, and the Recommendation. On August 8, 2001, the Petitioner filed a Response to Respondent’s exceptions. Each exception is addressed below. RULINGS ON RESPONDENT’S EXCEPTIONS ae Respondent excepts to Conclusion of Law #34 in the Administrative Law Judge’s Recommended Order. This exception is that the recommended penalty is “overly harsh and cruel.” The sanctions recommended by the Administrative Law Judge are adequate in light of the Respondent’s violations of law. It is neither cruel nor harsh to sanction a licensee for multiple violations of the law, and the recommended penalty is consistent with penalties imposed by the Department for similar violations, as presented in Petitioner’s Exhibits 8 and 9, Final Orders issued by the Department in the matter of Blair Foster, Case Nos. 29978-99-AG and . 29979-99-AG (Final Orders entered November 16, 1999 and September 3, 1999, respectively). Accordingly, the first exception is rejected. 2. Respondent’s second exception is that the Administrative Law Judge’s conclusion in paragraph 35 of his Recommended Order is incorrect in finding that Respondent’s advertisements contained several misleading statements. The Administrative Law Judge made a finding of fact by finding that the statements used by the Respondent in his advertisement were misleading. To adopt Respondent’s exception would require the Department to improperly reject the Administrative Law Judge’s finding of fact. The weight given to the evidence is the province of the Administrative Law Judge and cannot be disturbed by the Department unless the finding is not supported by competent substantial evidence. The Department may not reweigh the evidence. The agency’s authority to reject or modify findings of fact is limited by the provisions in section 120.57(1)(b)10, Florida Statutes. Brogan v. Carter, 671 So.2d 822 (Fla. 1* 1m DCA 1996). Whereas, the Administrative Law Judge’s Findings of Fact are supported by competent substantial evidence, the Findings of Fact in the Recommended Order may not be rejected or modified and must be accepted by the agency. Accordingly, the second exception is also rejected. Upon careful consideration of the record, the submissions of the parties, and being otherwise fully advised in the premises, it is ORDERED: | 1. The Findings of Fact of the Administrative Law Judge are adopted in full as the Department’s Findings of Fact. 2. The Conclusions of Law of the Administrative Law Judge are adopted in full as the Department’s Conclusions of Law. 3. The Administrative Law Judge’s recommendation that the Department enter a Final Order finding Respondent guilty of violating section 648.45(3)(c), Florida Statutes, and imposing an administrative fine of $2,500.00 and placing Respondent’s license on probation for two years from the date of the Final Order, pursuant to the conditions and sanctions authorized by section 648.53(2), Florida Statutes is approved and accepted as being the appropriate disposition of this case. ACCORDINGLY, it is ORDERED, as follows: 1. Respondent, Yosvani Alfonso, shall pay an administrative penalty in the amount of two thousand five hundred dollars ($2,500.00) as authorized by section 648.52, Florida Statutes, within thirty (30) days of the entry of this Final Order. Failure of Respondent to pay the administrative fine within the specified limit shall result in the immediate suspension of Respondent’s licenses and eligibility for licensure in this state without further proceedings for a period of sixty (60) days. Respondent’s licenses shall not thereafter be reinstated except upon written request of Respondent. Reinstatement shall be conditioned upon Respondent’s compliance with all terms of this Final Order, including payment of the administrative fine, and upon compliance with the terms of suspension. 2. Respondent, Yosvani Alfonso, shall be placed on probation pursuant to section 648.53, Florida Statutes for a period of two (2) years from the date of entry of this Final Order. As a condition of said probation, Respondent shall strictly adhere to all provisions of Chapter 648, Florida Statutes and the Rules of the Department of Insurance and Treasurer. If, during the period of probation, the Department has good cause to believe that Respondent has violated the terms or conditions of this probation or any other probation it shall suspend or revoke the licenses and appointments of the Respondent. This probation shall apply to the Respondent’s current licenses and all other licenses which may be issued subsequently to this Final Order. NOTICE OF RIGHTS Any party to these proceedings adversely affected by this Order is entitled to seek review of the Order pursuant to Section 120.68, Florida Statutes, and Rule 9.110, Fla.R.App.P. Review proceedings must be instituted by filing a petition or Notice of Appeal with the General Counsel, acting as the agency clerk, at 200 East Gaines Street, Tallahassee, FL 32399-0333, and a copy of . the same and the filing fee with the appropriate District Court of Appeal within thirty (30) days of the rendition of this Order. DONE and ORDERED this_ ST day of October 2001. Deputy Insurance Commissioner | COPIES FURNISHED TO: YOSVANI ALFONSO Post Office Box 824422 Pembroke Pines, FL 33082-4422 and 2650 Airport Road South Naples, FL 34112 Respondent RICHARD L. ROSENBAUM, ESQUIRE Suite 1220, Las Olas Centre 350 East Las Olas Boulevard Fort Lauderdale, FL 33301 Attorney for Respondent HONORABLE ROBERT E. MEALE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 MIGUEL OXAMENDI, ESQUIRE Division of Legal Services Florida Department of Insurance 200 E. Gaines Street * Tallahassee, FL 32399-0333

Docket for Case No: 01-000519PL

Orders for Case No: 01-000519PL