DEPARTMENT OF FINANCIAL SERVICES FILED CHIEF FINANCIAL OFFICER MAR 15 2005 Docketed py he IN THE MATTER OF: CASE NO.: 79969-05-AG ROGELIO CANDELARIA 3 paw] —~ ADMINISTRATIVE COMPLAINT > a es TO: ROGELIO CANDELARIA - 5444 Eggleston Avenue Orlando, Florida 32810 ROGELIO CANDELARIA C/o Candelaria Bail Bonds 2911 West 39" Street, Suite 700 Orlando, Florida 32839 You, ROGELIO CANDELARIA, 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, ROGELIO CANDELARIA, currently are licensed in this state as a limited surety (bail bond) (2-34) agent, and were so licensed at all times relevant to the dates and occurrences referenced herein. Your license identification number is A039506. 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, ROGELIO CANDELARIA, were employed or affiliated with Candelaria Bail Bonds, 2911 West 39" Street, Suite 700, Orlando, Florida 32839 (hereinafter “Candelaria Bail Bonds”). 4. 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]. 5. Collateral security or other indemnity accepted by a bail bond agent, except a promissory note or an indemnity agreement, shall be returned upon final termination of liability on the bond. [Section 648.442(1), Florida Statutes]. 6. When the obligation of the surety on the bond or bonds has been released in writing by the court, the collateral shall be returned to the rightful owner named in the collateral receipt unless another disposition is provided for by legal assignment of the right to receive the collateral to another person. [Section 648.442(4), Florida Statutes]. COUNT I 7. The above General Allegations are hereby realleged and fully incorporated herein by reference. 8. On or about November 6, 2001, you, ROGELIO CANDELARIA, received from Piero Cuniberti Four Hundred Fifty Dollars ($450.00) as collateral on an appearance bond for himself. 9. This bond was discharged by the Clerk of Court on July 18, 2002. 10. As of January 13, 2004, you, ROGELIO CANDELARIA, had not returned this collateral to Cuniberti. IT IS THEREFORE CHARGED that you, ROGELIO CANDELARIA, 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) Has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 648.45(2)(g), Florida Statutes]. (c) 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]. (d) 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]. (e) Has failed to return collateral. [Section 648.45(2)(n), Florida Statutes]. (63) 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)]. (g) 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). COUNT I 11. The above General Allegations are hereby realleged and fully incorporated herein by reference. 12. Prior to September 27, 2001, you, ROGELIO CANDELARIA, received from Jorge Gonzales Four Hundred Forty-six Dollars ($446.00) as collateral on an appearance bond for himself. 13. This bond was discharged by the Clerk of Court on July 25, 2002. 14, As of January 13, 2004, you, ROGELIO CANDELARIA, had not returned this collateral to Gonzales. IT IS THEREFORE CHARGED that you, ROGELIO CANDELARIA, 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) Sections 648.45(2)(e), 648.45(2)(g), 648.45(2)(h), 648.45(2)(j), 648.45(2)(n), 648.45(3)(c), and 648.45(3)(e), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT III 15. The above General Allegations are hereby realleged and fully incorporated herein by reference. 16. On or about June 18, 2003, you, ROGELIO CANDELARIA, received from Rosa Maria Torres Two Hundred Fifty Dollars ($250.00) as collateral on an appearance bond for Araceli Arroyo-Aguilar. 17. This bond was discharged by the Clerk of Court on October 17, 2003. 18. As of January 13, 2004, you, ROGELIO CANDELARIA, had not returned this collateral to Torres. IT IS THEREFORE CHARGED that you, ROGELIO CANDELARIA, 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) Sections 648.45(2)(e), 648.45(2)(g), 648.45(2)(h), 648.45(2)(), 648.45(2)(n), 648.45(3)(c), and 648.45(3)(e), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT IV 19. The above General Allegations are hereby realleged and fully incorporated herein by reference. 20. On or about April 2, 2003, you, ROGELIO CANDELARIA, received from Diego Villacreses One Hundred Dollars ($100.00) as collateral on an appearance bond for Fabiola Cordero. 21. This bond was discharged by the Clerk of Court on July 30, 2003. 22. As of January 13, 2004, you, ROGELIO CANDELARIA, had not returned this collateral to Villacreses. JT IS THEREFORE CHARGED that you, ROGELIO CANDELARIA, 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) Sections 648.45(2)(e), 648.45(2)(g), 648.45(2)(h), 648.45(2)(9), 648.45(2)(n), 648.45(3)(c), and 648.45(3)(e), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT V 23. The above General Allegations are hereby realleged and fully incorporated herein by reference. 24. On or about March 22, 2003, you, ROGELIO CANDELARIA, received from Ester Wisky Three Hundred Dollars ($300.00) as collateral on an appearance bond for Jose Crespo. 25. This bond was discharged by the Clerk of Court on September 8, 2003. 26. As of January 13, 2004, you, ROGELIO CANDELARIA, had not returned this collateral to Wisky. IT IS THEREFORE CHARGED that you, ROGELIO CANDELARIA, 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) Sections 648.45(2)(e), 648.45(2)(g), 648.45(2)(h), 648.45(2)(j), 648.45(2)(n), 648.45(3)(c), and 648.45(3)(e), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT VI 27. The above General Allegations are hereby realleged and fully incorporated herein by reference. 28. You, ROGELIO CANDELARIA, are a Manager of Candelaria Bail Bonds, LLC, d/b/a Candelaria Bail Bonds, at 2911 West 39% Street, Suite 700, Orlando, Florida 32839, which is a bail bond agency location. 29. According to the official records of the Department, there is no designated primary agent for this bail bond agency location. IT IS THEREFORE CHARGED that you, ROGELIO CANDELARIA, 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) Sections 648.45(2)(), 648.45(3)(c), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. (b) | The owner or operator of a bail bond agency shall designate a primary bail bond agent for each location, and shall file with the department the name and license number of the person and the address of the location on a form approved by the department. [Section 648.387(1), Florida Statutes]. WHEREFORE, you, ROGELIO CANDELARIA, 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 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 _ |[ST& aay of March, 2008. N CHANDLER Deputy Chief Financial Officer 10 CERTIFICATE OF SERVICE T HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to: ROGELIO CANDELARIA, 5444 Eggleston Avenue, Orlando, Florida 32810, and to ROGELIO CANDELARIA, C/o Candelaria Bail Bonds, 2911 West 39" Street, Suite 700, Orlando, Florida 32839, by Certified Mail this /& day of March, 2005. beggin Greg §/ Marr Florida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4180 Florida Bar Number 131369 Attorney for Department 11 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES Fe | i. E yD DIVISION OF LEGAL SERVICES 105 APR IT ATE YT IN THE MATTER OF: SIYISION GE CASE NO.: 79969-OPBIGINISTRATIVE ROGELIO CANDELARIA AE ARIRGS / ELECTION OF PROCEEDING I have received and have read the Notice of the ADMINISTRATIVE COMPLAINT filed against me, including the Notice of Rights contained therein, and I understand my options. I am requesting disposition of this matter as indicated below. (Choose one) 1. [J I do not dispute any of the Department’s factual allegations and I do not desire a hearing. | understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including revoking my licenses and appointments as may be appropriate. 2. I do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with section 120.57(2), Florida Statutes. In this regard, | desire to (Choose one): {] Submit a written statement and documentary evidence in lieu of a hearing; or {] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or [] Attend that same hearing by way of a telephone conference call. 3. [ ] I do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: General Counsel as acting agency clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Signature Print Name Date: Address: Phone No.: 12

Docket for Case No: 05-001291PL