FILED MAY 25 2004 DEPARTMENT OF FINANCIAL SERVICES aa Docketed by: 4/4 ID wa TOM GALLAGHER CHIEF FINANCIAL OFFICER Soon IN THE MATTER OF: ef NT a oy 354 9 PL Bye CASE NO.: 70231-04-AG2%. MARIO JOSEPH GUIGNARDI ADMINISTRATIVE COMPLAINT TO: MARIO JOSEPH GUIGNARDI Ammediate Bail Bonds, Inc. 195 River Road Circle Rockledge, Florida 32955-5631 You, MARIO JOSEPH GUIGNARDI, license I.D. #A106362, are hereby notified that the Chief Financial Officer 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 626, 642, and 648 Florida Statutes, you MARIO JOSEPH GUIGNARDI, are currently licensed in this state as a General Lines Agent (Prop. & Cas. Ins.) (2-20), a Limited Surety Agent (Bail Bond) (2-34), a Health Agent (2-40), and a Legal Expense Agent (2-56). 2. Pursuant to Chapter 626, 642, and 648, Florida Statutes, the Florida Department of Financial Services (hereinafter “Department”) has jurisdiction over your insurance licenses and appointments. 3. On three separate occasions between 1985 and 1998, you, MARIO JOSEPH GUIGNARDI, applied for licensure, with this Department, using a false social security number. 4, The social security number assigned to you by the Social Security Administration was not used to obtain your licenses from the Department. COUNT I 5. The above general allegations are hereby realleged and fully incorporated herein by reference. 6. On June 28, 1985, you, MARIO JOSEPH GUIGNARDI, were licensed as a Limited Surety Agent (2-34). 7. On the application for licensure, you, MARIO JOSEPH GUIGNARDI, used the social security number of Claude Lowder, a deceased person. 8. You did not use your true social security number to obtain licensure by the Department. 9. Failure to provide the proper social security number, on your license application, is considered a material misstatement, misrepresentation or fraud by the Department. IT IS THEREFORE CHARGED that you, MARIO JOSEPH GUIGNARDI, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your licenses and appointments: (a) Has made a material misstatement, misrepresentation, or fraud in obtaining the license or in attempting to obtain a license or appointment. [Section 648.45(2)(b), Florida Statutes]. (b) Demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes]; (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 Chapter 648, Florida Statutes, or the Florida Insurance Code. [Section 648.45(2)(j), Florida Statutes]; (d) Violation of any law relating to the business of bail bond insurance or violation of any provision of this code. {Section 648.45(3)(c), Florida Statutes]; (e) 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]. COUNT II 10, The above general allegations are hereby realleged and fully incorporated herein by reference. li. On October 28, 1994, you, MARIO JOSEPH GUIGNARDI, were licensed as a Legal Expense Agent (2-56) and a General Lines Agent (2-20). 12. On the application for licensure, you, MARIO JOSEPH GUIGNARDI, used the social security number of Claude Lowder, a deceased person. 13. You did not use your true social security number to obtain licensure by the Department. 14. Failure to provide the proper social security number, on your license application, is considered a material misstatement, misrepresentation or fraud by the Department. IT IS THEREFORE CHARGED that you, MARIO JOSEPH GUIGNARDI, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your licenses and appointments: (a) Material misstatement, misrepresentation, or fraud in obtaining the license or appointment or in attempting to obtain the license or appointment. [Section 626.61 1(2), Florida Statutes]. (b) Material misstatement, misrepresentation, or fraud in obtaining or attempting to obtain a license or appointment. [Section 642.041(2), Florida Statutes]. (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]. (d) Demonstrated lack of fitness or trustworthiness to engage in the business of legal expense insurance. {Section 642.041(5), Florida Statutes]. (e) Willful failure to comply with, or willful violation of, any proper order or rule of the department, commission or office or willful violation of any provision of this code. [Section 626.61 1(13), Florida Statutes]. (f) Willful failure to comply with, or willful violation of, any proper order or rule of the office, commission, or department or willful violation of any provision of ss. 642.011- 642.049. [Section 642. 041(10), Florida Statutes]. (g) | Any cause for which issuance of the license or appointment could have been refused had it then existed and been known to the department or office. [Section 626.621(1), Florida Statutes]. (h) Any cause for which granting of the license or appointment could have been refused had it been known to the department at the time of application. [Section 642.043(1), Florida Statutes]. COUNT I 15. The above general allegations are hereby realleged and fully incorporated herein by reference. 16. On December 12, 1998, you, MARIO JOSEPH GUIGNARDI, were licensed as a Health Agent. 17. On the application for licensure, you, MARIO JOSEPH GUIGNARDI, used the social security number of Claude Lowder, a deceased person. 18. You did not use your true social security number to obtain licensure by the Department. 19. Failure to provide the proper social security number, on your license application, is considered a material misstatement, misrepresentation or fraud by the Department. IT IS THEREFORE CHARGED that you, MARIO JOSEPH GUIGNARDI, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your licenses and appointments: (a) Material misstatement, misrepresentation, or fraud in obtaining the license or appointment or in attempting to obtain the license or appointment. [Section 626.611(2), Florida Statutes]. (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]. (c) Willful failure to comply with, or willful violation of, any proper order or rule of the department, commission or office or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes). (d) | Any cause for which issuance of the license or appointment could have been refused had it then existed and been known to the department or office. [Section 626.621(1), Florida Statutes}. WHEREFORE, you, MARIO JOSEPH GUIGNARDI, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your license and appointment as a bail bond agent, an insurance agent, and a legal expense agent or to impose such penalties as may be provided under the provisions of Section 648, 626 and 642 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 will suffice as a written request. The request must be filed with the General Counsel as acting Agency Clerk, at the Florida Department of Financial Services, 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 from 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 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 Financial Services. DATED and SIGNED this _25¢® day of _ May , 2004. KAREN CHANDLER Deputy Chief Financial Officer 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: MARIO JOSEPH GUIGNARDI, Ammediate Bail Bonds, 195 River Road, Rockledge, Florida 32955-5631; Reed Cary, Esq., Cary and Soughers, 525 East Strawbridge Avenue, Melbourne, Florida 32901 by Certified Mail this 25thday of _ May , 2004. Ly Vick. ue vA een he be _JAUADASIAH JACKSON /. Florida Bar Number 0512291 ” Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 Phone: (850) 413-4210 Fax: (850) 487-4907

Docket for Case No: 04-002542PL