z= \ : THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE TOM GALLAGHER OAaClOR — IN THE MATTER OF: BENNY PAUL COFFEE ADMINISTRATIVE COMPLAINT TO: Benny Paul Coffee 3902 North 9" Avenue Suite 4-B Pensacola, Florida 32503 Benny Paul Coffee 767 Lin Len Avenue Mobile, Alabama 36609 Benny Paul Coffee Post Office Box 511 Theodore, Alabama 36582 Benny Paul Coffee 758 St. Michael Street Mobile, Alabama 36602 ~ J 02-848 PC FILED : FEB 6 2000 see ecient BEY Treasurer and Insurance Com; Docketed by: ner CASE NO. : 43011-02-AG You, BENNY PAUL COFFEE, 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: rr oe ape GENERAL ALLEGATIONS ‘Le Pursuant to Chapter 648, Florida Statutes, you, BENNY PAUL COFFEE, are currently licensed in this state as a limited surety agent (2-34). Your license identification number is A050105. 2. At all times relevant to the dates and occurrences alleged herein you, BENNY PAUL COFFEE, were licensed in this state as a limited surety agent. 3. Pursuant to Chapter 648, Florida Statutes, the Florida Department of Insurance (hereinafter referred to as the “Department”) has jurisdiction over your license and appointments. 4. At all times relevant to the.dates and occurrences alleged herein you, BENNY PAUL COFFEE, were the owner of Coffee’s Bail Bonds, located at 3902 N. gt Street, Suite 4-B, Pensacola, Florida 32503. ~ 5. You, BENNY PAUL COFFEE, are currently employed and have been employed by the Mobile County Public School System, in the State of Alabama, as a teacher since September 3, 1991. 6. At all times relevant to the dates and occurrences alleged herein you, BENNY PAUL COFFEE, were a resident of the State of Alabama. COUNT I 7. On or about May 10, 1996 you, BENNY PAUL COFFEE, did swear to and sign an application for licensure as a Limited Surety Agent in the state of Florida. 8. On the aforementioned application, you, BENNY PAUL COFFEE, while under oath, listed your residence address as 608 S. Franklin Street, Plant City, Florida. Seeger 9. On the aforementioned application, you, BENNY PAUL COFFEE, knew. or should have known that 608 S. Franklin Street, Plant City, Florida was not your residence and thus the information you supplied was false and a material misrepresentation of fact. IT IS THEREFORE CHARGED that you, BENNY PAUL COFFEE, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code and Rules of the Florida Department of Insurance which constitute grounds for the suspension or revocation of your licenses as a limited surety agent in this state: (a) Lack of one or more of the qualifications specified in this chapter for a license or appointment. [Section 648.45(2)(a), Florida Statutes] (b) Material misstatement, misrepresentation, or fraud in obtaining a license or appointment, or in attempting to obtain a license or Appointment. [Section 648.45(2)(b), Florida Statutes] | (c) Demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes] (d) A cause for which issuance of the license or appointment could have been refused had it then existed and been known to the department. [Section 648.45(3)(a), Florida Statutes] (e) 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] . (f) 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] w COUNT II 10. The above general allegations are hereby realleged and fully incorporated herein by reference. . 11. On or about May 10, 1996 you, BENNY PAUL COFFEE, did swear to and sign an application for licensure as a Limited Surety Agent. 12. On said application you, BENNY PAUL COFFEE, listed your residence address as 608 S. Franklin Street, Plant City, Florida. 13. You BENNY PAUL COFFEE, held an Alabama driver’s license that was issued to you on August 5, 1998. The Alabama Department of Public Safety records list your residence address as 767 Lin Len Avenue, Mobile, Alabama. 14. | You, BENNY PAUL COFFEE, failed to notify the Department of your change of address. IT IS THEREFORE CHARGED that you, BENNY PAUL COFFEE, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code and Rules of the Florida Department of Insurance which constitute grounds for the suspension or revocation of your licenses as a limited surety agent in this state: (a) Each licensee under this chapter shall notify in writing the department, insurer, managing general agent, and the clerk of each court in which the licensee is registered within 10 working days after a change in the licensee's principal business address or telephone number. The licensee shall also notify the department within 10 working days after a change of the name, address, or telephone number of each agency or firm for which he or she writes bonds and any — change in the licensee's name, home address, or telephone number. [Section 648.421, Florida Statutes] crn (b) Demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes] (c) 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] (d) 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] COUNT II 15. The above general allegations are hereby realleged and fully incorporated herein by reference. 16. ‘At all time relevant to the date and occurrences alleged herein, you BENNY PAUL COFFEE, held an Alabama driver’s license that was issued to you on August 5, 1998. The Alabama Department of Public Safety records list your residence address as 767 Linlen Avenue, Mobile, Alabama. 17. At all times relevant to the dates and occurrences alleged herein you, BENNY PAUL COFFEE, were not a resident of the State of Florida. IT IS THEREFORE CHARGED that you, BENNY PAUL COFFEE, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code and Rules of the Florida Department of Insurance which constitute grounds for the suspension or revocation of your licenses as a limited surety agent in this state: (a) To qualify as a bail bond agent, it must affirmatively appear at the time of application and throughout the period of licensure . . . that the applicant is a bona fide resident of this state shall be deemed to meet the residence requirement of this paragraph, notwithstanding a the existence, at the time of application for license, of a license in the applicant's name on the records of another state as a resident licensee of such other state, if the applicant furnishes a letter of clearance satisfactory to the department that his or her resident licenses have been canceled or changed to a nonresident basis and that he or she is in good standing. [Section 648.34(2)(b), Florida Statutes] (b) Lack of one or more of the qualifications specified in this chapter for a license or appointment. [Section 648.45(2)(a), Florida Statutes] (c) Demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes] (d) —- 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] (e) 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 IV 18. The above general allegations are hereby realleged and fully incorporated herein by reference. 19. At all times relevant to the dates and occurrences alleged herein you BENNY PAUL COFFEE, worked nine months of the year as a full time teacher for the Mobile County Public School System, in Mobile, Alabama. 20. You, BENNY PAUL COFFEE, are not maintaining an office accessible to the public during reasonable business hours under the active full-time charge of a licensed and appointed bail bond agent. IT IS THEREFORE CHARGED that you BENNY PAUL COFFEE, 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: (a) To qualify as a bail bond agent, it must affirmatively appear at the time of application and throughout the period of licensure . . .the place of business of the applicant will be located 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)(c), Florida Statutes] (b) A place of business, including a branch office, may not be established, opened, or maintained unless it is under the active full-time charge of a licensed and appointed bail bond agent. [Section 648.44(4), Florida Statutes] (c) Lack of one or more of the qualifications specified in this chapter for a license or appointment. [Section 648.45(2)(a), Florida Statutes] (d) 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] (ce) _ 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] ( 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. Each such place of business, and each branch office, shall be in the active full- sore ner oe time charge of a licensed and appointed bail bond agent. [Rule 4-221.051(1), Florida Administrative Code] (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. As used in this rule, the term "reasonable business hours" means at least eight hours daily between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, except for legal holidays. [Rule 4-221.051(3), Florida Administrative Code] WHEREFORE, you, BENNY PAUL COFFEE, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your licenses and appointments as an insurance agent or to impose such penalties as may be provided under the provisions of Sections 648.46, 648.49, 648.50, 648.51, 648.52, 648.53, and 648.58, 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. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department pursuant to sections 120.569 and 120.57, Florida Statutes, and Rule 28-107, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing. will suffice as a written request. The request must be filed with the General Counsel as acting creng ene coer Beaestn r Agency Clerk, at the Florida Department of Insurance, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. The Department must receive your written response no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the #@8ponse on the twenty-first day will not preserve your right to a hearing. YOUR FAILURE TO RESPOND IN WRITING WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE 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 you request a proceeding, you must provide information that complies with the requirements of Rule 28-107.004, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specifically, your response must contain: (a) The name and address of the party making the request, for purpose of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received form the agency. If a hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. If a proceeding is requested and there is rio dispute of material fact, the provisions of section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging eae eon Serre cee Peper the grounds upon which the Department 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. However, if you dispute material facts which are the basis for the Department’s action, you must request an adversarial proceeding pursuant to sections 120.569 and 120.57(1), Florida Statutes. 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, Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no Such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an 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. Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department of Insurance. DATED and SIGNED this_ Qf — day os Aebtuany, , 2002. . ) KENNEY SHIPLEY Deputy Insurance Commissioner ates on? cue EP PIO Be &, at a maf To forme on i Ae A i i ae a ei CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to Benny Paul Coffee, 3902 North 9" ‘Avenue, Suite 4-B, Pensacola, Florida 32503; Benny Paul Coffee, 767 Lin Len Avenue, Mobile, Alabama 36609; Benny Paul Coffee, Post Office Box 511, Theodore, Alabama 36582; and Benny Paul Coffee, St. Michael Street, Mobile, Alabama 36602; by Certified Mail this(,7 day of Eb Ua. a 02. Florida Department of Insurance Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4188 Fla. Bar No. 318530

Docket for Case No: 02-000848PL