FILED may 3 2002 Treasurer and 1 ‘Insurance er Docketed by: a “as THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE ToM GALLAGHER IN THE MATTER OF: FREDERICK WENDELL J OHNSON Case No. 42286-02-AG A of . A a ») na TO: FREDERICK WENDELL J OHNSON No Limit Bail Bonds 5340 S. John Young Parkway Orlando, Florida 32839-7363 FREDERICK WENDELL J OHNSON 2711 Numilla Drive Orlando, Florida 32839-5273 YOU, FREDERICK WENDELL JOHNSON, are hereby notified that pursuant to Chapters 624 and 648, Florida Statutes, the Insurance Commissioner of the State of Florida has caused to be made an investigation of your activities while licensed as an insurance agent in this state, as a result of which it is alleged that: GENERAL ALLEGATIONS 1. You, FREDERICK WENDELL JOHNSON, are currently licensed in this state as a limited surety agent (2-34) or bail bond agent having license number A296443. 2. At all times relevant to the dates and occurrences alleged herein, you, FREDERICK WENDELL JOHNSON, were licensed in this state as a bail bond agent. 3. Pursuant to Chapter 648, Florida Statutes, the Insurance Commissioner of the State of Florida and the Department of Insurance has jurisdiction over your insurance licenses and your eligibility for licensure and appointment. 4, You, FREDERICK WENDELL JOHNSON, according to Department records as of October 2, 2000, were doing insurance business through an agency known as AA Waylene Bail Bonds, the business being located at 901 Mack Avenue, Orlando, Florida 32805-3727. COUNTI 5. The above General Allegations numbered one (1) through four (4) are hereby realleged and fully incorporated herein by reference. 6. For several months prior to September 7, 2000, you, FREDERICK WENDELL JOHNSON, did not personally conduct bail bond business at 901 Mack Avenue, Orlando, Florida. 7. Instead, you were conducting, and had been willfully conducting business for several months at 5340 S. John Young Parkway, Orlando, Florida 32839-7363 under the name No Limit Bail Bonds. 8. You, FREDERICK WENDELL JOHNSON, failed to timely notify the Department in writing of the change of your business address. IT IS THEREFORE CHARGED that you, FREDERICK WENDELL JOHNSON, have violated or are accountable under the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the 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 Statues]; (b) Each licensee under Chapter 648, Florida Statutes, shall notify in writing the Department of Insurance, Bail Bond Coordinator, Larson Building, Tallahassee, Florida 32399- 0300, insurer, managing general agent and the clerks of each Court in which they are registered, of a change of their principal address, telephone number, or name of each agency or firm for which they write bonds within ten (10) working days of such change. [Section 4-221.060, Florida Administrative Code]; (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]; (d) Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Section 626.45(2), Florida Statutes]. COUNT IL 9, The above General Allegations numbered one (1) through four (4) are hereby realleged and fully incorporated herein by reference. 10. At 9:45 a.m. on May 26, 2000, Private Investigator Mark Spaulding attempted to enter the bail bond agency then being operated by you, FREDERICK WENDELL J OHNSON, at 5340 South John Young Parkway, Orlando, Florida. The door to the bail bond agency was locked. 11. On August 7, 2000, Private Investigator Mark Spaulding attempted to enter the bail bond agency then being operated by you, FREDERICK WENDELL JOHNSON, at 5340 South John Young Parkway, Orlando, Florida. The door to the bail bond agency was locked from 10:30 a.m until 11:30 a.m. 12. On September 1, 2000, Private Investigator Mark Spaulding attempted to enter the bail bond agency then being operated by you, FREDERICK WENDELL JOHNSON, at 5340 South John Young Parkway, Orlando, Florida. The door to the bail bond agency was locked from 8:00 a.m until approximately 9:30 a.m., during which period of time Mr. Spaulding observed another individual also attempt entry into the bail bond office, but without success. 13. On September 7, 2000, Department investigators Roger Dale Travis and Ron Whitney visited the bail bond agency then being operated by you, FREDERICK. WENDELL JOHNSON, at 5340 South John Young Parkway, Orlando, Florida. The door to the bail bond agency was locked at 2:30 p.m. They both observed others who were not able to gain entrance at that time. 14. On September 7, 2000, Department investigators Roger Dale Travis and Ron Whitney visited the bail bond agency then being operated by you, FREDERICK WENDELL JOHNSON, at 5340 South John Young Parkway, Orlando, Florida. The door to the bail bond agency was locked at 2:30 p.m. They both observed others who were not able to gain entrance at that time. 15. On September 18, 2000, Department investigators Roger Dale Travis and Ron Whitney visited the bail bond agency then being operated by you, FREDERICK WENDELL JOHNSON, at 5340 South John Young Parkway, Orlando, Florida. The door to the bail bond agency was again locked at 2:30 p.m. 16. As evidenced by these examples of your unavailability, you, FREDERICK WENDELL JOHNSON, knowingly and willfully refused to keep reasonable business hours at your bail bond agency location. Ir IS THEREFORE CHARGED that you, FREDERICK WENDELL JOHNSON, have violated or are accountable under the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state: (a) 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) 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. (1) Each such place of business, and each branch office, shall be in the active full- time charge of a licensed and appointed bail bond agent. (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. Additionally, if a bail bond business is located in a building or structure which maintains a uniform office directory on its premises, the directory shall provide at a minimum the current name of that bail bond business. (3) 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. (4) A temporary bail bond agent shall work at least thirty (30) hours per week to be considered working full-time. [Rule 4-221.051, Florida Administrative Code]; (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]; (d) Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Section 626.45(2), Florida Statutes]. COUNT ITIL 17. The above General Allegations numbered one (1) through four (4) are hereby realleged and fully incorporated herein by reference. 18. On or about September 21, 2000, Department investigators Roger Dale Travis and Ron Whitney visited the bail bond agency then being operated by you, FREDERICK WENDELL JOHNSON, at 5340 South John Young Parkway, Orlando, Florida. 19. At that time and place it was discovered that Virginia D. Redding, a licensed limited surety agent and the mother of you, FREDERICK WENDELL JOHNSON, was working and had been working since September, 1999 at your bail bond agency. 20. Ms. Redding’s name was not designated on the office signage as an agent operating at your agency location with your full knowledge and consent, FREDERICK WENDELL JOHNSON. IT IS THEREFORE CHARGED that you, FREDERICK. WENDELL JOHNSON, have violated or are accountable under the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state: (a) 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) 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. (1) Each such place of business, and each branch office, shall be in the active full- time charge of a licensed and appointed bail bond agent. (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. Additionally, if a bail bond business is located in a building or structure which maintains a uniform office directory on its premises, the directory shall provide at a minimum the current name of that bail bond business. (3) 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. (4) A temporary bail bond agent shall work at least thirty (30) hours per week to be considered working full-time. [Rule 4-221.051, Florida Administrative Code]; (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]; (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 code. (Section 648.45(2)(), Florida Statutes]. WHEREFORE, you, FREDERICK WENDELL JOHNSON, are hereby notified that the Insurance Commissioner and Treasurer intends to enter an Order revoking or suspending your licenses and eligibility for licensure or to impose such lesser penalties as may be proper under the provisions of Sections 648.44, 648.45, 648.50, 648.51, 648.52 and 648.53, Florida Statutes, under the procedures and rules set forth in this 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 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 no dispute of material fact, the provisions of section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written ee é evidence in opposition to the action taken by the Department or a written statement chaljnsiiig aVy the grounds upon which the Department has relied. While a hearing is normally pop Fequire indy l , "32> UB so. the absence of a dispute of fact, if you feel that a hearing is necessary, one will be Edhidyted in’ f WG Tf : Soe 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. Ail 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 _3RD__ day of MAY , 2002. . rs Ch KENNEY SHIPLE w Deputy Insurance Commissioner RY 8 ee ne” of 10 CERTIFICATE OF SERVICE LHEREBY CERTIFY that a true and correct copy ‘of the foregoing Administrative Complaint has been furnished by Certified Mail to: FREDERICK WENDELL JOHNSON, No Limit Bail Bonds, 5340 S. John Young Parkway, Orlando, Florida 32839-7363 and to FREDERICK WENDELL JOHNSON, 2711 Numilla Drive, Orlando, Florida 32839-5273 this 3RD_ day of MAY , 2002. Division of Legal Services 612 Larson Building Tallahassee, FL 32399-0307 (850) 413-4146 12

Docket for Case No: 02-002258PL