th ote on FILED APR 24 oo0H THE TREASURER OF THE STATE OF FLORIDA INSURMRRASURER AND DEPARTMENT OF INSURANCE Docketed oe COMMISSIONER Tom GALLAGHER eee J IN THE MATTER oF, O19 a CASE NO.: 41384-01-~AG Bea JOSEPH HOUSTON / ADMINISTRATIVE COMPLAINT TO: JOSEPH HOUSTON 2125 E. Crown Point Naples, Florida 34102 JOSEPH HOUSTON EXPRESS BAIL BOND 495 Goodlette Rd. Naples, Florida 34102 JOSEPH HOUSTON Liberty Bail Bonds 3375 E. Tamiami Trail Naples, FL 34112 ADMINISTRATIVE COMPLAINT You, JOSEPH HOUSTON, 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, and in accordance with the provisions of subsection 648.27(3), Florida Statutes, as a result of which it is alleged that: nh aren ll ae this state asa ‘Limited surety (2- 34) agent. GENERAL ALLEGATIONS 1. Pursuant to Chapter 648, Florida Statutes, you. JOSEPH HOUSTON, license identification number A123930, are licensed in 2. Pursuant to ‘Chapter 648, “Florida statutes, the Florida Department of Insurance has jurisdiction « over your limited surety agent license and appointments. 3. You, JOSEPH HOUSTON, have been the subject of prior administrative action. From October 1, 1997, to October 1, 1998, you were placed on one-year probation for allowing a non-licensed individual to act as a limited surety agent (case number 19481- 96-A). You are hereby notified that the Department intends to seek aggravation of any penalties imposed should the following allegations be established. 4. During all times material to the allegations contained in this administrative complaint you, JOSEPH HOUSTON, were the president of J. Houston & Associates of Naples, Inc., having a corporate address at 495 Goodlette Rd., Naples, FL 34102. You owned and operated Express Bail Bonds, 495 Goodlette Rd. Naples, FL 34102. You owned and operated Liberty Bail Bonds, 3375 E. Tamiami Trail, Naples, FL 34112. Bither or both of these agency locations may hereafter be referred to as the Houston agencies. ernie a 5. As the owner and limited surety agent for the Houston agencies, you, JOSEPH HOUSTON, knew or should have known of the activities of employees and agents under your direct supervision and control and you were responsible and accountable for all of the activities of the staff at the agency i : ated eee Sipe yt ete Ge ; Close tans above for the times and occurrences as hereafter presented. — References to you, JOSEPH HOUSTON, include persons acting under your direct supervision and control at, or on behalf of, each of the two agency locations described above. 6. On May 31, 2000, Kevin Paul Nelmes was issued a Florida limited surety (2-34) agent’s license. - At times pertinent to this complaint, Kevin Nelmes was employed by the Houston agencies; it is unknown whether he is currently so employed. 7. On or about August 1, 2000, Kevin Nelmes was criminally charged in Collier County with one count of aggravated assault with a firearm, a felony charge. 8. On August 18, 2000, pursuant to section 648.45(1), Florida Statutes, the Department ordered the immediate temporary suspension of Kevin Nelmés’ limited surety agent license and directed that he immediately cease and desist from writing, issuing or soliciting any bail bonds in Florida. Kevin Nelmes was so notified on August 25, 2000. The Department on January 11, 2001 later entered an Amended Notice of Temporary Suspension. seb ti a ate 9. The aforesaid temporary suspension of the limited surety agent license of Kevin Nelmes, has been continuous since August 18, 2000, to and including the date of this Administrative Complaint and you,’ JOSEPH HOUSTON, either knew or should have known of the suspension of Kevin Nelmes’ limited surety agent license. COUNT 10. The above General Allegations are hereby realleged and fully incorporated herein by reference. 11. On or about September 12, 2000, Margaret “Peggy” L. Bush met with Manny Luna of Express Bail Bonds to effectuate the posting of an $11,0000 bond number 00268720 for her boyfriend, Richard R. Froais. 12. At times pertinent to this complaint, Jesus Manuel “Manny” Luna was a licensed and appointed limited surety (2-34) ‘ agent employed by the Houston agencies. 13. Manny Luna advised Peggy Bush that she would need to pay a total of $3,100: $1,100 for the bond premium and $2,000 to be held as collateral. Upon his release from jail, Richard Froais was to provide his vehicle title to use as additional collateral. Richard Froais was bonded out of jail following these insurance transactions. dss 14. On September 18, 2000, Peggy Bush called Express Bail Bonds and spoke with you, JOSEPH HOUSTON, explaining that Richard Froais was not making an effort to pay Peasy Bush back for his bond. Peggy Bush requested that the bond be revoked and that Richard Froais be returned to jail. 15. On or about the morning of September 19, 2000, you, JOSEPH HOUSTON, sent Tony Williams to Peggy Bush’s home at 721 16 Street, SE Naples whereupon he handcuffed Richard Froais in order to return Richard Froais to jail. 16. Tony Williams was not licensed as a limited surety agent in Florida on September 19, 2000. 17. Tony Williams’ temporary limited surety agent’s license expired when he lost his last active appointment with you, JOSEPH ‘HOUSTON, on June 14, 1999, You, JOSEPH HOUSTON, either knew or should have known of this fact. 18. Later that same day, September 19, 2000, Peggy Bush contacted you, JOSEPH HOUSTON, at the Liberty Bail Bonds location in an effort to re-release Richard Froais. An unidentified man at the front desk in that office told her she would have to pay an additional $1,000 for the $11,000 bond plus $200 for “Tony's” service in picking up Richard Froais earlier that day. Ms. Bush was told that the $200 sum would be deducted from the $2,000 in collateral that Ms. Bush had earlier deposited with the Houston agency. | 19. Ms. Bush agreed to the above-described arrangement. , Ms. Bush was then given a collateral receipt showing first $1,800 as collateral, which was then changed to $2,000. Ms. Bush was “not given a proper receipt for the bail bond. The new bail bond application showed the Liberty bond as a rewrite. A total of $4,100 was charged to Peggy Bush’s credit card for both bonds. As a result of the foregoing arrangement, Richard Froais was released on bond a second time. | IT Is THEREFORE CHARGED that you, JOSEPH HOUSTON, 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 revocation of your license and appointments as a limited surety agent and your eligibility for licensure and appointment: (a) Any licensed bail bond agent, temporary bail bond agent, or managing general agent engaged in the bail bond business, who permits any person not licensed, as required under Chapter 648, Florida Statutes, to solicit or engage in the bail bond business in his behalf shall be deemed in violation of Section 648.30, Florida Statutes. A bail bond agent or duly ce ee lle A ak allt eee en licensed person from another state may apprehend, detain, or arrest a principal on a bond, as provided by law. [Florida Administrative Code Rule 4-221.001) 0 (b) (1) No surety, bail bond agent, temporary bail bond agent, or managing general agent engaged in the bail bond business shall make any charge, collect, or receive any fee or consideration unless permitted by statute or rule other than the premium ‘based on rates in current use, provided, however, “that | nothing in this section shall prohibit collateral security or co- indemnity agreements, and provided further tl than in instances where an additional surety, bail bond agent, or managing general agent located in a county different from the originating agent or bail bond agent executes the bond the premium may additionally include as a part thereof an execution and transfer fee, not to exceed a total of one hundred ($100.00) dollars for any. one defendant. If a bail bond agent assumes the liability on an out- of-state bond, the transfer fee collected shall not exceed the amount charged in that state. If monies for documentary stamps are collected and the mortgage is not filed, the funds must be returned to the person who tendered the monies. (2) No bail bond agent shall charge, collect, or receive any fee or consideration for services rendered to the principal or indemnitor in connection with a bail bond, except a i i dah ste those fees listed in paragraph (4) and costs necessary to apprehend the principal in the event the principal attempts to flee the jurisdiction of the courts. (3) Prohibited fees include, but are not limited to, any costs regarding arrest, transportation, and surrender within the specified jurisdiction of the court, charges for storage, Maintenance or return of collateral, including releases of liens or satisfactions of mortgages, charges for researching case dispositions or obtaining bond discharges or any charge for other services ordinarily performed by a bondsman or their employees in the regular course of business and any other expenses not documented by check or receipt. (4) Allowable fees include: a) Attorney's fees and court costs associated with filing of motions; b) Documented transportation and lodging expenses outside the jurisdiction of the court; c) Law enforcement costs for housing, re-arrest, transportation, and extradition; and da) A maximum fee of $100 for a surrender allowed by law when there has been no forfeiture of the bond. (5) A bail bond agent who has surrendered a principal and failed to properly refund the premium when required by law shall be subject to discipline as provided in chapter 648 and these rules. [Florida Administrative Code Rule 4-221.105]; (c) The premium permitted under Chapter 648, Florida Statutes, | shall be a term charge For the cexm ot the bond. ‘No esate sy additional premium shall be charged in the event of a. rewrite of a bond based on the same case number except that in the event the amount of the bond has been increased, an additional premium based on the rates” in _ current use for the amount of the increase nee may be charged. The licensed bail bond agent shall refund the entire premium charged for the bond when it is found that the surety had no liability under the bond because the defendant does not come under the jurisdiction of the court to which the defendant is returnable. The defendant shall be entitled to the return of premium when surrendered by the surety or bail bond agent at any time prior to the final termination of the surety's liability on the bond; provided that the defendant shall not be entitled to a return of the premium where the defendant violates the contract with the surety. Upon request of the principal, indemnitor or the Department the bondsman shall provide in writing the factual basis for the surrender of the principal and the specific provisions of the contract with the surety that were violated, if any. [Florida Administrative Code Rule 4-221.110]; (d) Every bail bond agent, who accepts money or any other consideration for any bail bond or undertaking which they execute, must for each and every payment received give to the person or persons paying the money or giving the consideration a pre-numbered receipt as evidence (of payment which receipt shall state the date, name of the principal, amount (of money or consideration received and purpose for which received, number of Power of Attorney form attached to the bond, penal sum of the bond, and name “of person making payment o or “giving consideration. Every receipt must contain the name of the surety company. Every such bail bond agent must retain a duplicate copy of each receipt issued as part of their records pursuant to Section 648.36, Florida Statutes. [Florida Administrative Code Rule 4-221.115]; (e) Every bail bond agent who accepts any type of collateral in conjunction with a bail bond or undertaking which ~ they execute, must for such collateral received give to the person or persons giving the collateral a consecutively pre- numbered receipt as evidence thereof. Such receipt shall state the date, name of the principal, detailed description of collateral received, whether the collateral will be maintained in the custody of the bail bond agent, managing general agent or surety company, number of Power of Attorney form attached to the bond and the name of the person placing such collateral in the bail bond agent's trust. All receipts must contain the name of the surety company. The receipt shall also state that for any complaints or inquiries, you may contact the Department of 10 Insurance. Every such bail bond agent shall retain a duplicate copy of each receipt issued as part of their records pursuant to Section 648.36, Florida Statutes. Such receipt shall be separate from and not part of the premium receipt referred to in Rule 4- 221.120. A temporary bail bond agent is prohibited from handling or accepting collateral until a properly executed receipt has been issued by a licensed and appointed bail bond agent as provided in this rule. [Florida Administrative Code Rule 4- 221.120]; (£) (1) A person may not act in the capacity of a bail bond agent, temporary bail bond agent, or runner or perform any of the functions, duties, or powers prescribed for bail bond agents or runners under this chapter unless that person is qualified, licensed, and appointed as provided in this chapter. (2) No person shall represent himself or herself to be.a bail enforcement agent, bounty hunter, or other similar title in this state. (3) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a principal on a bond, wherever issued, unless that person is. qualified, licensed, and appointed as provided in this chapter or licensed as a bail bond agent by the state where the bond was written. [Section 648.30, Florida Statutes] 11 einai lina (g) (1) Bail bond rates are > Subject to the provisions of part I of "chapter 627 of the insurance ode. (2) Tt is unlawéul for a bail bond agent to execute a bail bond without charging a premium therefor, and the premium rate may not exceed or be less than the premium rate as filed with and approved by the department. (Section 648.33, Florida Statutes] ; (h) In no event shall a temporary licensee licensed under this section perform any of the functions for which a bail bond agent's license is required after expiration of the temporary license without having passed the written examination as for a regular bail bond agent's license. [Section 648.355(7), Florida Statutes]; The department shall not issue a temporary bail bond agent's license to any individual who has held such a temporary license in this state within 2 years after the expiration of such temporary bail bond agent's license. [Section 648.355(9), Florida Statutes]; (i) (1) A bail bond agent, temporary bail bond agent, or runner may not: . (4) Accept anything of value from a principal for providing a bail bond except the premium and transfer fee authorized by the department, except that the bail bond agent may 12 1 4 accept collateral security or other indemnity from the principal or another person in accordance with the provisions of ss. 648.442, together with documentary stamp axes, if applicable. No fees, expenses, or charges of any kind shall be permitted to be deducted from the collateral held or any return premium due, except as authorized PY ‘this ‘chapter or “rule of the department . A bail bond agent ‘may, upon sn written agreement with another party, receive a fee or compensation for returning to custody an individual who has fled the jurisdiction of the court or caused the forfeiture of a_bond... (5) Except as between licensed and appointed bail bond agents, a bail bond agent May not divide with others, or share in, any commissions payable on account of any bail bond. [Section 648.44 (1) (i) and (5), Florida Statutes] ; Gy The depaztment 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 = ra the following | causes: Tgection 648. 45 (2), . Florida Statutes] ; 13 es lt a ai ad (kK) Demonstrated Jack of fitness or trustworthiness. to, engage in the bail bond business. “[section 64s, 45,(2) ( (e), Florida Statutes]; (1) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 648.45(2) (g), Florida Statutes]; (m) 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) (9), Plorida Statutes]; (n) Demonstrated lack of good faith in carrying out contractual obligations and agreements. [Section 648.45(1) (1), Florida Statutes]; (o) 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]; {(p) 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] ; 14 a (q) Being found to be a source of injury or Joss 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), Plorida statutes) . COUNT II 20. The above General ; Allegations < are hereby realleged and ' fully incorporated herein by reference. 21. On or about September 28, 2000, Patrick John Hlatky went to Express Bail Bonds to complete paperwork for his bond. He met with Kevin Nelmes on different occasions that day. On both occasions Kevin Nelmes was the only other person in the office. 22. Mr. Hlatky gave Kevin Nelmes $500.00 cash as a bail bond premium and turned over his truck title to be held for collateral. 23. You, JOSEPH HOUSTON, were not present during these transactions. You knew or should have known of Kevin Nelmes having been placed on temporary suspension of his licensure as a limited surety agent, and that Mr. Nelmes did wrongfully engage in and/or effect bail bond business with Patrick John Hlatky, in violation of the aforesaid Notice of Temporary Suspension and/or Amended Notice of Temporary Suspension. 15 idles lillie is enon violated or are accountable under one or more of the foll IT Is THEREFORE CHARGED that you, JOSEPH HOUSTON, “have ing provisions of the Florida Insurance Code and rules of the | Department of Insurance which constitute grounds for the a limited surety suspension or revocation of your li agent and your eligibility for licensure and appointment : (a) An insurer, managing general agent, bail bond agent, temporary bail bond agent, or. runner appointed u under this chapter may not furnish to any person any blank forms, applications, stationery, business card, or, other supplies to be used in soliciting, negotiating, or effecting bail bonds until such person has received from the department a license to act asa bail bond agent and is appointed by the insurer. This section does not prohibit an unlicensed employee, under the direct supervision and control of a licensed and appointed bail bond agent, from possessing or executing in the bail bond agency, any forms, except for powers of attorney, bond forms, and collateral receipts, while acting within the scope of his or her employment. [Section 648.441(1), Florida Statutes]; (b) The department shall, upon receipt of an information or indictment, immediately temporarily suspend any license or appointment issued under this chapter when the licensee has been charged with a felony or a crime involving moral turpitude or a 16 a iciamsesmeamenmaranememeeeaneeneeee trae eal i crime punishable by imprisonment of 1 year or more under the law of any state, territory, or country. Such suspension shall continue if the licensee has been found guilty of, or has pleaded guilty or no contest to, the crime, whether or not a judgment or conviction has been entered, during a pending appeal. A person may not effect any additional bail bonds after suspension of his or her license or appointment. However, he or she may discharge any liability on bonds effected prior to such suspension. [Section 648.45(1), Florida Statutes]; (c) Sections 648.355(7), 648.355(9), 648.45(1) (1), 648.45 (2), 648.45(2) (e), 648.45(2) (g), 648.45(2) (j), 648.45(3), 648.45(3) (c), and 648.45(3) (e), Florida Statutes, which are set forth fully in Count I above and are incorporated herein by reference. COUNT ITT 24. The above General Allegations are hereby realleged and fully incorporated herein by reference. 25. On or about September 1, 2000, Mr. Tommy Lee Harris, Jr., went to Express Bail Bonds to post a $4000.00 bond for a family member. Mr. Harris met with a white male who identified himself as Manny, who Mr. Harris later identified as Kevin Nelmes. He gave Manny $400.00 cash for the bond premium, but did not get a receipt. . 17. ac ie mr a 26. You, JOSEPH HOUSTON, were not present during these ‘ransactions. "You knew or should have “known f£ Kevin Nelmes having. been placed on venporary suspension « ° is | Licensure as a limited surety agent, and that Mr. Nelmes did wrongfully engage. in and/or effect bail bond business with Tommy Le Harris, in violation of the aforesaid Notice of ; Temporary Suspension and/or Amended Notice of _Tempora Sus IT IS THEREFORE CHARGED “that you, JOSEPH HOUSTON, 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 revocation of your license as a limited surety agent and your eligibility for licensure and appointment: Sections 648.355(7), 648.355(9), 648.441(1), 648.45(1) 648.45(1) (1), 648.45(2), 648.45 (2) {e), 648.45 (2) (g), 648.45 (2) (3), 648.45 (3), 648.45(3)(c), and 648.45(3) (e), Florida Statutes, which are set forth fully in Counts I and II above and are incorporated herein by reference. COUNT IV 27. The above General Allegations are hereby realleged and fully incorporated herein by reference. 28. On or about October 2, 2000, Mr. Kenny J. Heflin went to Express Bail Bonds to post bond for himself. He met with a 18 - — Mr. Heflin later identified as Kevin Nelm white male who falsely introduced himself as “Manny”, and whom 29. Kevin Nelmes accepted the bond premium and completed the bond | Paperwork wos H 30. You. ON, were not Present during these transactions. You knew or should have known of Kevin Nelmes having been Placed on | temporary suspension of his licensure as a limited surety agent, ‘and that Mr. Nelmes said wrongtulty engage in and/or effect bail bond | business with 1 Kenny J. Heflin, in violation of the aforesaid Notice of Temporary Suspension and/or Amended Notice of' Temporary Suspension. IT IS THEREFORE CHARGED that you, JOSEPH HOUSTON, 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 revocation of your license as a limited surety agent and your eligibility for licensure and appointment: Sections 648.355(7), 648.355(9), 648.441(1), 648.45(1) 648.45(1) (1), 648.45(2), 648. 45 (2) ( (@), 648.45(2) (g), 648.45(2) (4), 648.45(3), 648. 45 (3) (c), and 648.45(3) (e), Florida Statutes, which are set forth fully in Counts I and II above and are incorporated herein by reference. 19 coUNT_v 31. The above General Allegations are hereby realleged and fully incorporated herein by reference. ; 32. On or about October 17, 2000, Ms. Samantha C. Snipes, went to Express Bail Bonds to post bond for her boyfriend. _ There she met with Kevin Nelmes, who completed the bail bond Paperwork "and received her $800. 00 check for the Beit ona premium. 33. You, JOSEPH HOUSTON, were not present during these transactions. You knew or should have known of Kevin Nelmes having been placed on temporary suspension of his licensure as a limited surety agent, and that Mr. Nelmes did wrongfully engage in and/or effect bail bond business with Ms. Samantha c. Snipes, in violation of the aforesaid Notice of Temporary Suspension “and/or Amended Notice of Temporary Suspension. IT IS THEREFORE CHARGED that you, JOSEPH HOUSTON, 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 revocation of your license as a limited surety agent and your eligibility for licensure and appointment : Sections 648.355(7), 648.355 (9), 648.441(1), 648.45(1) 648.45(1) (1), 648.45(2), 648.45 (2) (e), 648.45(2) (g), 648.45(2) (j), 648.45(3), 648.45(3)(c), and 648.45(3) (e), Florida 20 se lg ead oe Statutes, which are set forth fully in Counts I and II above and are incorporated herein by reference. WHEREFORE, you, JOSEPH HOUSTON, are > hereby notified that _ the Treasurer < and - Insurance Commissioner . intends to enter an Order revoking your license and appointments asa limited Surety agent or to impose such lesser penalties as may be provided under the provisions of Sections 648.27, 648.45, 648. 46, 648. 49, (648. 50, 648. 52, and 648. 53, “Plorida 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. I£ Express Mail or hand delivery is utilized, the Petition or Election should be delivered to 612 Larson Building, 200 East Gaines Street, 22 sence ll init = Tallahassee, Florida 32399-0333. The Petition or Election must be received by, and filed in the Department within ewenty- “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 TTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL gE ENTERED GAINST. YOU Ifa proceeding i is - reque ted 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 1 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; 22 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 tocated | elsewhere Ehe Department will request. that 4 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. 23 i ot 4 ! : 5 1 . . : : DATED and SIGNED this 24th day of April . B Deputy Insurance Commissioner 24 _ STATE OF FLORIDA DEPARTMENT OF INSURANCE ~ ELECTION OF RIGHTS #18 ee iy have 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) : ; we 1. [ ] I donot desire a proceeding. The Department may enter a final order revoking my license(s), “ 2. I do not dispute any of the Department's factual allegations and J hereby elect an informal proceeding to be conducted in accordance with section 120.57(2), Florida Statutes. In this regard] desire to (Choose one): as ; [] submit a written statement and documentary evidence [] attend an informal hearing to be held in Tallahassee; or [ ] : attend an informal hearing by way of a telephone conference call. Ido 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 Section 120.57(1), Florida Statutes to be held before the Division of Administrative Hearings. DATE: “Signature of Petitioner TO PRESERVE YOUR RIGHT TOA Name: PROCEEDING, YOU MUST RETURN THIS FORM WITHIN TWENTY-ONE Address: (21) DAYS OF RECEIPT TO THE DEPARTMENT OF INSURANCE AT THE ADDRESS INDICATED IN THE NOTICE OF RIGHTS. Phone: 25... ; ; . _SBRTTPICATE OF SERVICE I HEREBY CERTIFY that’ a ‘true and correct copy of ‘th foregoing ADMINISTRATIVE COMPLAINT has been ‘furnished to: Jo 2125 i} a E. Crown Point, Naples, Florida 34102 and to JOSEPH HOUSTON, - EXPRESS BAIL BOND, 495 Goodlette Ra. , Naples, Plorida 34102 and to JOSEPH HOUSTON, Liberty Bail Bonds, 3375 ‘E. amiami “Trail, Naples, FL 34112 by US Certified Mail this 24th day of April _ , 2001. David J. Busch, ESQUIRE Florida Department of Insurance 200 E. Gaines Street, Suite 645 Tallahassee, Florida 32399 (850) 413-4146 Attorney for Department 26

Docket for Case No: 01-001948