LAr BIS fl FILED WL 10 Me | 2: 25 THE TREASURER OF THE STATE OF FLORIDA vt ragunen Comggeoner | is TOM GALLAGHER IN THE MATTER OF: CASE NO. 61585-02-AG JOSE JACKIR CASTIEL ADMINISTRATIVE COMPLAINT TO: JOSE JACKIR CASTIEL 11780 SW 18th Street, Apt 506 Miami, Florida 33175-1674 JOSE JACKIR CASTIEL Omar’s Bail Bonds 2453 NW 7th Street, Suite A Miami, Florida 33125-3150 You, JOSE JACKIR CASTIEL, 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 bail bond agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 648, Florida Statutes, you, JOSE JACKIR CASTIEL, license LD. #D015142, are currently licensed in this state as a bail bond (2-34) agent. 2. Pursuant to Chapter 648, Florida Statutes, the Florida Department of Insurance (hereinafter “Department”) has jurisdiction over your insurance licenses and appointments. COUNT I 3. The above general allegations are hereby realleged and fully incorporated herein by reference. 4. On or about July 19, 2001, you, J OSE JACKIR CASTIEL, in Miami-Dade County, Florida, did unlawfully, while acting as a bail bond agent, directly or indirectly solicit business in or on the property or grounds of a jail, prison, or other place where prisoners are confined or in or on the property or grounds of any court, to wit: the Miami-Dade County Main Jail in downtown Miami. 5. On or about July 19, 2001, you, JOSE JACKIR CASTIEL, solicited business from Chava Fisher Fux, while she was incarcerated in the Miami-Dade County Main Jail in downtown Miami. Ms. Fux never spoke to you nor saw you prior to meeting you in the jail. You, JOSE JACKIR CASTIEL, entered the jail and initiated an unsolicited meeting with Ms. Fux resulting in you posting bond on her behalf. IT IS THEREFORE CHARGED that you, JOSE JACKIR CASTIEL, 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 licenses and appointments: (a) A bail bond agent, temporary bail bond agent, or runner may not... . Directly or indirectly solicit business in or on the property or grounds of a jail, prison, or other place where prisoners are confined or in or on the property or grounds of any court. The term “solicitation” includes the distribution of business cards, print advertising, or other written information directed to prisoners or potential indemnitors, unless a request is initiated by the prisoner or a potential indemnitor, Permissible print advertising in the jail is strictly limited to a listing in a telephone directory and the posting of the bail bond agency’s name, address, and telephone number in a designated location within the jail. [Section 648.44(1)(b), Florida Statutes]; (b) 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 for any of the following causes: [Section 648.45(2), Florida Statutes]; (c) 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]; (d) Demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes]; (e) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 648.45(2)(f), Florida Statutes); . (69) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 648.45(2)(g), Florida Statutes]; (g) 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]; (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: [Section 648.45(3), Florida Statutes}; @) 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); () Being found to be a source of injury or loss 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), Florida Statutes}; (k) Any licensee found to have violated s. 648.44(1)(b) . . . shall, at a minimum, be suspended for a period of 3 months. A greater penalty, including revocation, shall be imposed if there is a willful or repeated violation of s. 648.44(1)(b) . . . or the licensee has committed other _ violation of this chapter. [Section 648.45(4), Florida Statutes]; () No person shall directly or indirectly solicit business in or on the property or grounds of a jail, prison, or other place where prisoners are confined, or in or on the property or grounds of a court or any building housing courtrooms. [Rule 4-221.095, Florida Administrative Code]; (m) For the purposes of this rule, solicit shall include: (a) Displaying, wearing, or distributing any item which directly or indirectly advertises bail bond services; or (b) Approaching anyone or urging, enticing, luring, or inviting anyone to approach a bail’ bond agent to use their services. (c) Parking a motor vehicle, which displays the name of a bail bond agent, a bail bond agency, or any other information advertising bail bond services. (d) Passing out business cards unless requested by the principal or indemnitor or other print advertising by any licensee or unlicensed persons in jails, courthouses, or other immediate areas as described in paragraph (3). Print advertising allowed in the telephone book is yellow page advertising. (e) Only the state issued identification or jail approved identifications may be worn in the locations described in paragraph (3). (f) Loiter in any of the areas described in paragraph (3). [Rule 4-221.095, Florida Administrative Code]; (n) For the purposes of this rule, the property or grounds of a court, jail, prison, or other place where prisoners are confined shall include all parking lots and parking spaces adjacent to such places or adjacent to public walkways adjacent to such places. [Rule 4-221.095, Florida Administrative Code]. COUNT II 6. Paragraphs one through five are hereby realleged and fully incorporated herein by reference. 7. You, JOSE JACKIR CASTIEL, were no longer carrying on the bail bond business in good faith when you made material false statements to Ms, Fux. These material false statements included when you, JOSE JACKIR CASTIEL, told Ms. Fux that her attorney knew you were attempting to post bond on her behalf, and that she had too many charges to be a candidate for pre- trial services. These statements were made in an attempt to scare and confuse Ms. Fux, and to convince Ms. Fux to use your services as a bail bond agent. 8. You, JOSE JACKIR CASTIEL, and others working with you at Omar’s Bail Bonds, were no longer carrying on the bail bonds business in good faith when you made coercive statements by telling Ms. Fux not to trust her attorney after he recommended that she return to jail, and that she would get in trouble if she were retuned to jail. These statements were made in an attempt to further scare and confuse Ms. Fux, and to convince her to continue to use your services as a bail bond agent. IT IS THEREFORE CHARGED that you, J OSE JACKIR CASTIEL, 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 licenses and appointments: (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 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 the following causes: [Section 648.45(2), 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) 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]; (d) Demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes]; (e) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 648.45(2)(g), Florida Statutes]; (63) 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]; (g) 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}; (h) 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]; (i) 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]; Gg) Being found to be a source of injury or loss 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), Florida Statutes]. WHEREFORE, you, JOSE JACKIR CASTIEL, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your license and appointment as a bail bond agent or to impose such penalties as may be provided under the provisions of Sections 648.45, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out 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 wil! 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 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, 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 shail 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__10th day of JULY , 2002. HOUR ny te Oty 4 J my, on Le « REM KENNEY SHIPLEY Deputy Insurance Commissioner ee ® Fe CERTIFICATE OF SERVICE J HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to: JOSE JACKIR CASTIEL, 11780 SW 18th Street, Apt 506, Miami, Florida 33175-1674; JOSE JACKIR CASTIEL, Omar’s Bail Bonds, 2453 NW 7th Street, Suite A, Miami, Florida 33125-3150, by Certified Mail this 10ttay of JULY 2002. Division of Legal Services Florida Department of Insurance Florida Bar # 513830 612 Larson Building Tallahassee, FL 32399-0333 (850) 413-4170 -10-

Docket for Case No: 02-003115PL