Petitioner: DEPARTMENT OF INSURANCE
Respondent: CHARLES DURWOOD INGRAM
Judges: CHARLES C. ADAMS
Agency: Department of Financial Services
Locations: Palatka, Florida
Filed: May 14, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 26, 2002.
Latest Update: Dec. 25, 2024
THE TREASURER OF THE STATE OF FLORIDA
DEPARTMENT OF INSURANCE
TOM GALLAGHER
IN THE MATTER OF: CASE NO.: 43702-02-AG
CHARLES DURWOOD INGRAM
/
ADMINISTRATIVE COMPLAINT
TO: CHARLES DURWOOD INGRAM
Chuck’s Bail Bonds, Inc.
1093 Highway 19 N.
Palatka, Florida 32177-1400
CHARLES DURWOOD INGRAM
Post Office Box 1155
Palatka, Florida 32178-1155
CHARLES DURWOOD INGRAM
Post Office Box 337
Hollister, Florida 32147-0337
You, CHARLES DURWOOD INGRAM, license number A127754, 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 (bail bond) in this state, as a result of which it is
alleged: C Cureent Printout)
GENERAL ALLEGATIONS
1. Atall times relevant to the dates and occurrences referred to herein, you, CHARLES
DURWOOD INGRAM, were licensed in this state as a limited surety agent (bail bond), License
#A127754. ( Curves? Pantout)
2. Pursuant to Chapter 648, Florida Statutes, the Florida Department of Insurance has
jurisdiction over your limited surety agent (bail bond) license and appointments. (5 hatag?
3. Atall times relevant to the dates and occurrences referred to herein, you, CHARLES
DURWOOD INGRAM, were the owner of Chuck’s Bail Bonds, located at 1096 Highway 17
North, Palatka, Florida 32177, ( Corpoa® records, Pdvriacion)
4. On February 15, 2002, the Department entered a Notice of Temporary Suspension,
temporarily suspending all licenses and appointments issued to you, CHARLES DURWOOD
INGRAM. The Notice of Temporary Suspension, Case number 60202-02-AG, found that you,
CHARLES DURWOOD INGRAM, on or about January 4, 2002, were charged by Information in
the Circuit Court of the Seventh Judicial Circuit in and for Putnam County, Florida in Case
Number 2001-1914-CF-52, with one count of felony sexual battery on a person less than 12 years
of age in violation of Section 794.011, Florida Statutes. ( Cooy f Gadzec! Copy of Hora?
COUNT 1
5. The above General Allegations are hereby realleged and fully incorporated herein by
reference.
6. Onor about May 27, 2001, you, CHARLES DURWOOD INGRAM, allowed Donald
W. Boland, an unlicensed individual, to participate in the arrest and/or recommitment of Jimmy
Bryant, in that you, CHARLES DURWOOD INGRAM, allowed Mr. Boland to handcuff and/or
transport and/or commit Mr. Bryant to the Putnam County Jail. During said activities, you,
CHARLES DURWOOD INGRAM, allowed Mr. Boland to display and discharge a firearm. ¢ Test
Obbicer, Weir ole rae He Sheotng
IT IS THEREFORE CHARGED that you, CHARLES DURWOOD INGRAM, 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) 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. [Section 648.30(1), Florida Statutes];
(b) No person shall represent himself or herself to be a bail enforcement agent,
bounty hunter, or other similar title in this state. {Section 648.30(2), Florida Statutes};
(c) 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 fond was written. (Section 648.30(3), Florida Statutes];
(d) Any person who violates any provision of this section commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. [Section 648.30
(4), 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: [Section 648.45(2), Florida Statutes];
Qg) Demonstrated lack of fitness or trustworthiness to engage in the bail
bond business. [Section 648.45(2)(e), Florida Statutes);
(2) 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)G), 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 or for
any of the following causes: [Section 648.45(3), Florida Statutes];
(g) 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];
qd) 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];
(2) 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. .. . {Section 4-221.001, Florida
Administrative Code}.
WHEREFORE, you, CHARLES DURWOOD INGRAM, are hereby notified that the
Treasurer and Insurance Commissioner intends to enter an Order revoking your license and
appointments as a limited surety agent or to impose such lesser penalties as may be provided under
the provisions of Sections 648.45, 648.46, 648.49, 648.50, 648.52, and 648.53, Florida Statutes,
and under the other referenced sections of the Florida Statutes, procedures, and rules as set forth in
this Amended Administrative Complaint.
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
Agency Clerk, at the Florida Department of Insurance, 612 Larson Building, 200 East Gaines
Street, Tallahassee, Florida 32399-0333. Your written response must be received by the
Department no later than 5:00 p.m. on the twenty-first day after your receipt of this notice.
Mailing the response 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
nl
the attached Election of Proceeding form conforms to these requirements. Specifically, yout
response must contain:
(a) The name and address of the party making the request, for purpose of service;
(bo) A statement that the party is requesting 4 hearing involving disputed issues of
material fact, or 4 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 from the agency.
Ifa 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 no 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
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, of 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 this 11TH day of APRIL , 2002
KENNEY SHIPLEY
Deputy Insurance Commissioner
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE
COMPLAINT has been furnished by Certified Mail to: CHARLES DURWOOD INGRAM,
Chuck’s Bail Bonds, Inc., 1093 Highway 19 N., Palatka, Florida 32177-1400; CHARLES
DURWOOD INGRAM, Post Office Box 1155, Palatka, Florida 32178-1155; and CHARLES
DURWOOD INGRAM, Post Office Box 337, Hollister, Florida 32147-0337 this 11TH day of
APRIL ' , 2002.
Oct Ghul
_ Anthony _ Miller, Esquire
Division of Legal Services
612 Larson Building
200 East Gaines Street
Tallahassee, Florida 32399-0333
(850) 413-4220
Docket for Case No: 02-001972PL
Issue Date |
Proceedings |
Jun. 26, 2002 |
Order Closing File issued. CASE CLOSED.
|
Jun. 20, 2002 |
Letter to DOAH from C. Ingram withdrawing request for hearing (filed via facsimile).
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May 30, 2002 |
Order of Pre-hearing Instructions issued.
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May 30, 2002 |
Notice of Hearing issued (hearing set for July 23, 2002; 10:00 a.m.; Palatka, FL).
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May 28, 2002 |
Joint Response to Initial Order filed.
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May 16, 2002 |
Initial Order issued.
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May 14, 2002 |
Administrative Complaint filed.
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May 14, 2002 |
Election of Proceeding filed.
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May 14, 2002 |
Agency referral filed.
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