a, FILED APR 18 200! TREASURER AND THE TREASURER OF THE STATE OF FLORIDA Docketed by: DEPARTMENT OF INSURANCE TOM GALLAGHER O|- 25% PL IN THE MATTER OF: MARIA PATERNO-CUSTODIO _ CASE NO.: 36307-00-AG / ADMINISTRATIVE COMPLAINT _ a . Os & 4 . ee | gee 5 = TO: MARIA PATERNO-CUSTODIO 5 6681 HIGHLAND PINES CIRCLE : +0 FORT MYERS, FLORIDA 33901 = oO = MARIA PATERNO-CUSTODIO pa ALL OUT BAIL BONDS 2200 DR. MARTIN LUTHER KING JR. BLVD. FORT MYERS, FLORIDA 33912-1382 You, MARIA PATERNO-CUSTODIO, License Identification Number: A007949, 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: GENERAL ALLEGATIONS 1. Pursuant to Chapter 648, Florida Statutes, you, MARIA PATERNO-CUSTODIO, are currently licensed in this state as a limited surety agent ; 2. 7 At allt mes ‘Pursuant to the dates and occurrences referred to herein, you, MARIA PATERNO-CUSTODIO, were : licensed in in this s state as a limited surety agent. 3. Pursuant to > Chapter 648, F lorida Statutes, the Florida Department of Insurance has jurisdiction over your bail bond agent licenses and appointments SNE COMMISSIONER 4. You, MARIA PATERNO-CUSTODIO, purchased Bail Bonds by Joanne Perkins. 5. You, MARIA PATERNO-CUSTODIO, are the owner and President of All Out Bail Bonds, Inc. located at 2200 Dr. Martin Luther King Jr. Blvd., Fort Myers, Florida 33901 (former location of Bail Bonds by Joanne Perkins). COUNT I 6. The above general allegations are realleged and incorporated by reference herein. 7. You, MARIA PATERNO-CUSTODIO, display the following signs “BAIL BONDS by JOANNE PERKINS” and “ALL OUT BAIL BONDS” on your business windows. 8. Perkins Bail Bonds, located at 1822 Broadway Street, Fort Myers, Florida 33901, which is across the street from All Out Bail Bonds, is owned by Earl Glenn Perkins and Zyzla W. Perkins. 9. Perkins Bail Bonds uses bright orange business cards to advertise their business. 10. On February 17, 2000, Larry Justham contacted Earl Perkins about a client, Robert Meeks, that was incarcerated in the Lee County Jail. Mr. Justham told Mr. Perkins that he was sending over Bernard Blackburn to Perkins Bail Bonds in order to complete the bond paperwork for Mr. Meeks. 11. . Mr. Blackburn recalled that he had used a bail bond company in the past with bright orange business cards. Mr. Justham told him that the company was Perkins Bail Bonds ' and it was located at the corner of Martin Luther King and Broadway in Fort Myers. 12. Mr. Blackburn went to the corner of Martin Luther King and Broadway and found a bail bond business with a sign that said Bail Bonds by Joanne Perkins. 13. On February 17, 2000, Mr. Blackbum entered the business and was approached by you, MARIA PATERNO-CUSTODIO. Mr. Blackburn asked you, MARIA PATERNO- CUSTODIO, if he was at the Perkins Bail Bonds with the bright orange business cards. You, MARIA PATERNO-CUSTODIO, represented to Mr. Blackburn that he was at Perkins Bail Bonds and that you were out of the bright orange business cards. 14. You, MARIA PATERNO-CUSTODIO, pointed out the window to your Perkins window sign and told Mr. Blackburn “see the Perkins sign there, we are all affiliated.” 15, On or about February 17, 2000, you, MARIA PATERNO-CUSTODIO convinced Mr. Blackburn that he was at Perkins Bail Bonds so he proceeded with the bond paperwork for Mr. Meeks. . 16. | You, MARIA PATERNO-CUSTODIO, told Mr. Blackburn to make the $10,000.00 premium check payable to All Out Bail Bonds. Mr. Blackburn asked you, MARIA PATERNO-CUSTODIO, again why it wasn’t Perkins Bail Bonds instead of All Out Bail Bonds. You, MARIA PATERN! O-CUSTODIO, told Mr. Blackburn that you run several different businesses out of the office and this transaction was going through All Out Bail Bonds. 17. After Mr. Blackburn left All Out Bail Bonds, he called Mr. Justham to inquire about the bail bond company since he was told to make the check payable to All Out Bail Bonds instead of Perkins Bail Bonds. Mr. Justham informed Mr. Blackburn that he had gone to the wrong office. 18. Perkins Bail Bonds is not affiliated with All Out Bail Bonds. , 19. Perkins Bail Bonds is not affiliated with Bail Bonds by Joanne Perkins. . 20. _ On February 17, 2000, you, MARIA PATERNO-CUSTODIO, knowingly made a statement(s) with respect to the business of insurance, which is untrue, deceptive, or misleading. IT IS THEREFORE CHARGED that you, MARIA PATERNO-CUSTODIO, 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 appointmentsas a limited surety agent: (a) Any misleading or false advertisement or deceptive trade practice is prohibited as provided in part X! of chapter 626. [Section 648.44(6)(b), Florida Statutes]; (b) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS.—The following are defined as unfair methods of competition and unfair or deceptive acts or practices: False information and advertising generally —Knowingly making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public: 1. In a newspaper, magazine, or other publication, 2. In the form of a notice, circular, pamphlet, letter, or poster, 3. Over any radio or television station, or 4. In any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance, which is untrue, deceptive, or misleading. © [Section 626.9541(1)(b), Florida Statutes]; (c) 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 | | I of the laws of this state relating to bail or any violation of the insurance code... [Section 648.45(2), Florida Statutes]; ' Redesignated as part IX of ch. 626 to conform to the transfer of ss. 626.941-626.945, comprising former part IX, by ch. 98-99. + (d) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 648.45(2)(g), Florida Statutes]; (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 chapter or the insurance code. [Section 648.45(2)(j), Florida Statutes]; (f) 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... [Section 648.45(3), 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]; COUNT II 21. The above general allegations are realleged a and incorporated by reference herein. 22. On May 5, 2000, Orlando Moore was licensed by the Department as a Temporary Limited Surety Agent. PATERNO- -CUSTODIO, by and d through All Out Bail Bonds, _ 23. - _.You, employed, appointed and supervised Orlando Moore. 24, Between September 1, 2000 and February 2 23, 2001 » you, , MARIA PATERNO. | CUSTODIO authorized or allowed Orlando Moore to deliver bonds to the Lee County Jail on / behalf of All Out Bail Bonds. 25 . ‘You, MARIA. PATERNO- CUSTODIO, are © responsible for the conduct of Orlando Moore in the bail bond business, to wit: ctiveing bonds to the Lee County Jail. IT IS THEREFORE CHARGED that you, MARIA PATERNO-CUSTODIO, 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 asa limited surety agent: _ (a) The department may, in its discretion, issue a temporary license as a limited surety agent or professional bail bond agent, subject to the following conditions: The applicant must be employed at the time of application, and at all times throughout the existence of the temporary license, by only one licensed and appointed supervising bail bond agent, managing general agent, or authorized insurer, who supervises the work of the applicant and is responsible for the licensee's conduct in the bail bond business. [Section 648.355(1)(e), Florida Statutes]; (b) The department may, in its discretion, issue a temporary license as a limited surety agent or professional bail bond agent, subject to the following conditions: The applicant's employer is responsible for the bail bonding acts of any licensee under this section. [Section 648.355(1)(h), Florida Statutes}; . (c) Under the temporary license, the licensee shall have the same authority conferred and authorized by the laws of this state upon a licensed bail bond agent which shall include _ presenting defendants in court, apprehending, eee ta surrendering defendants to the proper aut ori ies, an keeping defendants under r necessary surveillance; however, a temporary licensee shall n ‘not have the authority to execute or sign bonds, ‘handle collateral receipts, or | deliver bonds t to appropriate authorities. A temporary licensee may not operate an agency or branch agency separate from the location of the supervising bail bond agent, managing general agent, or insurer by whom the licensee is employed. [Section 648.355(8), Florida Statutes]; (d) 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 or for any of the following causes: 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]; (e) 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 or for any of the following causes: : Demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648, 452), Florida Statutes) a) The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shal suspend or revoke the eligibility of any Person to hold a license or appointment under this chapter or r the i 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: Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 648.45(2)(g), Florida Statutes]; (g) 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 or for any of the following causes: 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)), 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: 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]; WHEREFORE, you, MARIA PATERNO-CUSTODIO, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order revoking your licenses and appointments as a limited surety agent or to impose such penalties as may be provided under the provisions of Sections 648.45, 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 any-order entered in this case revoking or suspending any license or eligibility for licensure held by you shall also apply to all other licenses and eligibility held by you under the Florida Insurance Code. On NOTICE OF RIGHTS Pursuant to Sections 120.569 and 120.57, Florida Statutes and Rule Chapter 28-106, Florida Administrative Code (F.A.C.), you have the 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 oa 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 32399-0333. 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 i is $ necessary one will be conducted in Tallahassee, Florida or by telephonic conference call upon your request. If you dispute material facts which a are the basis for this agency’ Ss 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 Chapter 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 the dispute; i 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-éxamine 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 as set-out above. , "DATED and SIGNED this day donk, 2001. . ~ F ‘ : if EO VA KENNEY SHIPLEY Deputy Insurance Commissioner powers cere epi Senate allndliieelinaeneinel CERTIFICATE OF SERVICE T HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to: MARIA PATERNO-CUSTODIO, 6681 HIGHLAND PINES CIRCLE, FORT MYERS, FLORIDA 33912-1382 and MARIA PATERNO- CUSTODIO, ALL OUT BAIL BONDS, INC., 2200 DR. MARTIN LUT KING JR. BLYD., FORT MYERS, FLORIDA 33901 by U.S. Certified Mail this / day of Lpotil , 2001. Dvouah Arabotia,» Anoush A. Arakalian Florida Bar No.: 0005126 Division of Legal Services 612 Larson Building Tallahassee, Fl 32399-0333 (850) 413-4116 Cr pre RN Ee ne

Docket for Case No: 01-002596PL