FLORIDA _ DEPARTMENT OF FINANCIAL SERVICES TOM GALLAGHER wAQ 3 2N05 CHIEF FINANCIAL OFFICER Docketed wy STATE OF FLORIDA CASE NO.: 79784;05-AG “a oe Fal IN THE MATTER OF: BARBARA WHITE EUBANK / © one ADMINISTRATIVE COMPLAINT TO: BARBARA WHITE EUBANK 1201 North Amelia Avenue . Py Deland, Florida 32724 a yf [¢ > PO BARBARA WHITE EUBANK C/o Eubank Bail Bonds Highway 92 East 538 International Speedway Boulevard Deland, Florida 32724 You, BARBARA WHITE EUBANK, 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 limited surety agent in this state and as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 648, Florida Statutes, you, BARBARA WHITE EUBANK, currently are licensed in this state as a limited surety (2-34) agent, and were so licensed at all times relevant to the dates and occurrences referenced herein. Your license identification number is A079319. 2. Pursuant to Chapter 648, Florida Statutes, the Florida Department of Financial Services (hereinafter referred to as the “Department”) has jurisdiction over your license and appointments. 3. At all times relevant to the dates and occurrences referenced herein you, BARBARA WHITE EUBANK, were employed or affiliated with Eubank Bail Bonds, Highway 92 East, 538 International Speedway Boulevard, DeLand, Florida 32724 (hereinafter “Eubank Bail Bonds”). 4. On or about June 30, 1996, you, BARBARA WHITE EUBANK, entered into a Settlement Stipulation for Consent Order with the Department alleging that you, BARBARA WHITE EUBANK, failed to return collateral. This resulted in a Consent Order being issued that required your payment of restitution, an administrative penalty, and administrative costs. COUNT I 5. The above General Allegations are hereby realleged and fully incorporated herein by reference. 6. From on or about August, 1999, to on or about December, 2001, you, BARBARA WHITE EUBANK, collected premiums on bonds underwritten by Accredited Surety and Casualty Company, Inc., totaling approximately $14,797.00, and failed to remit same to this insurer. IT IS THEREFORE CHARGED that you, BARBARA WHITE EUBANK, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your license as a limited surety agent in this state: (a) Has demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes]. (b) Is guilty of misappropriation, conversion, or unlawful withholding of moneys belonging to a surety, a principal, or others and received in the conduct of business under a license. [Section 648.45(2)(h), Florida Statutes]. (c) Has willfully failed to comply with or willfully violated any proper order or rule of the department or willfully violated any provision of this chapter or the insurance code. [Section 648.45(2)(j), Florida Statutes]. (d) Has demonstrated lack of good faith in carrying out contractual obligations and agreements. [Section 648.45(2)(1), 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) All premiums, return premiums, or other funds belonging to insurers or others received by a person licensed pursuant to this chapter in transactions under her or his license are trust funds received by the licensee in a fiduciary capacity, and the licensee must account for and pay the same to the insurer, insured, or other person entitled to such funds. [Section 648.295(1), Florida Statutes]. WHEREFORE, you, BARBARA WHITE EUBANK, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appointments as a limited surety 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 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 abovz, 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 _ day of Feary 2005. KAREN CHANDLER Deputy Chief Financial Officer CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to: BARBARA WHITE EUBANK, 1201 North Amelia Avenue, DeLand, Florida 32724, and to BARBARA WHITE EUBANK, C/o Eubank Bail Bonds, Highway 92 East, 538 International Speedway Boulevard, DeLand, Florida 32724, and to David E. Disney, Esq., David E. Disney, P.A., 234 West Ne ‘Yofk Avenue, DeLand, Florida 32720, Attorney for Respondent, by Certified Mail tig 3° day of repay, 2005. Mare Greg Marr Florida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-9333 (850) 413-4180 Florida Bar Number 131365 Attorney for Department Atticle Numbe COMPLETE THIS SECTION ON DELIVERY A. Received by (Please Pririt Clearly) B. Datg of Delivery 2/0s— CG. Signature Agent a ee ae PLD 3901 FW44 2LT9 2105 D. Is delivery address different from item 1? If YES, enter delivery adciress below; ! i 3. Service 3. Service Type _ CEI CERTIFIED MAIL — i inn wn A. Rece) paring? Pris 03 C. Signature ‘NN ~*~ A xX facresces TLD 3°01 S844 2L99 2112 D. Is delivery address different from item 1? [_]Y¥es IfYES, enter delivery address below: CONo “"} 3. Service Type CERTIFIED MAIL FH i ——___| 4 { 4. Restricted Delivery? (Extra Fee) [ tres H H 1. Article Addressed to: 4 d Refer2ncé Information K 3 DAVID E. DISNEY i 230 NORTH WOODLAND BLVD. SUITE 308 79784-05-AG/AC i DELAND, FL 32720 March 3, 2005 i j Marr : PS} i PS Form 3811, July 2001 Domestic Return Receipt

Docket for Case No: 05-001145PL