\e. FILED FEB 2% = 300) mesur. ERSSIOHER ay ren OL FAY 1a PH OE &B THE TREASURER OF THE STATE OF FLORIDA. DEPARTMENT OF INSU NG TOM GALLAGHER A IN THE MATTER OF: CASE NO.: 35314-00-AG / O}-\%oQ PU — ADMINISTRATIVE COMPLAINT WILLIAM EARL DYE, Ill WILLIAM EARL DYE, III 111 Liberty Street Jacksonville, FL 32202 WILLIAM EARL DYE, III 1340 Orient Road Tampa, FL WILLIAM EARL DYE, Ill 1345 Faulkenburg Road Tampa, FL WILLIAM EARL DYE, III 209 Trout River Drive Jacksonville, FL 32208-4249 You, WILLIAM EARL DYE, Ill, 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: ey “Ticense (2- 37), ‘and a general lines agen (2- 2 ). GENERAL ALLEGATIONS 1. Pursuant to Chapter 648, Florida Statutes, you, WILLIAM EA lee Mj fa HE _ currently the holder of a limited surety agent license 2 34), a pofesioe Berrian 2. Pursuant to Chapters 626, and Chapter 648, Florida Statutes, the Florida ~ Department of Insurance has Jurisdiction over your insurance e licenses and appointments. COUNTI - © 3. The above general allegations are hereby realleged and fully incorporated herein by reference. 4. At all times relevant to the allegations in this Administrative Complaint, you, WILLIAM EARL DYE, III, have been doing business as, or on behalf of,a bail bonds business known as Bill Dye Bail Bonds, which has an offices, Tampa, Florida, located at 1345 Faulkenburg Road and 1340 Orient Road. The records of the Department show that the business address for Bill Dye Bail Bonds is 111 Liberty Street, Jacksonville, FL 32202 . 5. You, WILLIAM EARL DYE, lil, did place or caused to be placed an advertisement for Bill Dye Bail Bonds in the October 1998 GTE Yellow Pages | telephone directory for the Tampa, Florida area. 6. The advertisement that you, WILLIAM EARL DYE, Ill, did place or caused to be placed for October 1998 GTE Yellow Pages telephone directory failed to include the address of record filed with the Department. 4 7. On or about January, 2000, you, WILLIAM EARL DYE, Ill, did maintain a large sign out side the 1340 Orient Road office of Bill Dye Bail Bonds, which read “Bail Bonds’ and Provided two telephone numbers in large letters that were not clearly visible ' froma reasonable distance. The sign had ther name of the agency, “Bill Dye”, aff xed to | the bottom corner r of the sign it in smaller black stick-on letters that v were too smal to be " visible from a reasonable distance. The sign also did not did not provide, at a minimum the business name and the name of every individually licensed bail bond agent, and : temporary bail bond agent employed at such n place. 8. On. or about January, 2000, you, WILLIAM EARL DYE, lil, did maintain a bail bond agency branch Office that was not suitably designated by a sign or other display, was not readable from a reasonable distance, and which did not provide at a. . minimum the business name and the name of every individually licensed bail bond agent, and temporary bail bond agent employed at such place. IT IS THEREFORE CHARGED that you, WILLIAM EARL DYE, III, 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) Any permissible advertising by a bail bond agent or agency must include the address of record filed with the department. [Section 648.44(7), Florida Statutes] (b) Demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2) (e), Florida Statutes}; anit (c) 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}; *2< 0. 6 nest AS tae manne tn (d) Violation of fany law relating to the business of bail bond i insurance or. violation of any provision of the ir insurance > code. _[Section 648 PON) f Florida Statutes]. (e) Being found to be a source of injury oF loss to the public or detrimental to the public interest or ‘being found by the department to be no 0 longer carrying on the bail bond business in 1 good faith. [Section 648. 45(3)(e), Florida Statutes}, (f) The place of business of the applicant will be located i in this state and in the county where the applicant will maintain his or her records and be actively engaged in the bail bond business and maintain an agency accessible to the public which is open for reasonable business hours. [Section 648.34(2)(0), Florida Statutes]; 4-221.051 Actively Engaged j in Business; Place Suitably Designated; Accessible to Public. (g) Section 648.34(2)(c), Florida Statutes, is interpreted to mean that every bail bond agent be actively engaged in that business; that a place of business suitably designated as such must be maintained open and accessible to the public to render service during reasonable business hours. ...(2) Each such place of business and each . branch office shall have a separate and distinct entrance easily accessible to the public and used by the bail bond agent in the regular course of their business dealings with the public. Such entrance shall be suitably designated by a sign or other display, readable from a reasonable distance, which provides at a minimum the business name and the name of every individually licensed bail bond agent, and temporary bail bond agent employed at such place. [Rule 4-221. 051, Florida Administrative Code]. WHEREFORE, you, WILLIAM EARL DYE, lil, 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 Statutes as set out in this Administrative Complaint. You are further notified that, pursuant to Section 648.50(1), Florida Statutes, the suspension or revocation of your license under Chapter 648 shall also apply to any other license you hold pursuant to the Florida Insurance Code. NOTICE OF RIGHTS Pursuant to Sections 120.569 and 120.57, Florida Statutes and Rule 28-1 06, 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 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.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 o] Tallahassee, Florida 32399-0300. The Petition or Election must be received by, and ili a ei i 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 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 Sections 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 25- 106, F. A. Cc. and contain 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. thi a ls , Mediation i is nat available. i at 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 Fequest that the hearing ‘be conducted i in Tallahassee. > Ifa earn is $ requested, y you have the re right te to be represented byc counsel, or eh GaR ae SRY | ‘witnesses, and to shave subpoena a and d subpoena d duces tecum issued on your behalf. Pursuant to Section 120.573, Florida a Statutes, you a are * hereby notified th that Failure to follow the crocedurs sees with regard to your response to this notice may result in the request being denied. All prior correspondence i in this matter shall be considered freeform agency action, and no such correspondence shail 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 as set out above. DATED and SIGNED this “Hh day of Agha UM. 2001. KENNEY SHIPLEY Deputy Insurance Commissioner | ~ 32208-4249, by Certified Mail this an OW day of Ot "CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to: WILLIAM EARL DYE, U, 111 Liberty Street, Jacksonville, FL 32202: WILLIAN EARL DYE, lil, 1340 Orient Road, Tampa, FL; WILLIAM EARL DYE, Ml, 1345 Faulkenburg ce _ Road, Tampa, FL; WILLIAM EARL DYE, il, 209 Trout River Drive, Jacksonville, FL. LEZ. Op, MIGUEL OXAMENDI Senior Attorney ~~ Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4130

Docket for Case No: 01-001860PL