Dec 6 2005 16:00 12/86/2685 16:54 8584874987 LEGAL SERVICES PAGE &3 FLORIDA DEPARTMENT OF FINANCIAL SERVICES TOM GALLAGHER F I L E D CHIEF FINANCIAL OFFICER STATE OF FLORIDA oct 5 205 IN THE MATTER OF: Dacketed by: Se CASE NO.: 83183-05-AG AHMAD H. ASAD ADMINISTRATIVE COMPLAINT TO: AHMAD H. ASAD 1465 NW North River Drive Miami, FL 33125 AHMAD H. ASAD 6960 Byron Avenue Miami Beach, FL 33125 You, AHMAD H. ASAD, license I.D. #4008934, 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 an insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, AHMAD H. ASAD, are currently licensed in this state as a Limited Surety (Bail) Agent (2-34) and a Professional Bondsman (Bail) Agent (2-37) Agent. 2. At all times relevant to the dates and occurrences alleged herein, you, AHMAD H. ASAD, were licensed in this state as a limited surety agent. 3. 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. Dec 6 2005 16:00 12/86/2885 16:54 s5ade74907 LEGAL SERVICES PAGE a ia COUNT I 4, The above general allegations are hereby realleged and fully incorporated herein by reference. 5. Ghassan Barjoud was employed by your agency, Adam’s Bail Bonds, as a temporary Limited Surety Agent, for approximately one year, beginning on August 14, 2003. Ghassan Barjoud terminated the employment in August 2004, and is no longer employed by you, AHMAD H. ASAD, or your agency, Adam’s Bail Bonds. 6. Department records show that Ghassan Barjoud was appointed with your agency, Adams’s Bail Bonds, as a Temporary Limited Surety Agent, however, there is no record that you, AHMAD H. ASAD, terminated the appointment as required. IT IS THEREFORE CHARGED that you, AHMAD H. ASAD, 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) A bail bond agent, insurer, or managing general agent terminating the appointment of a temporary bail bond agent must, within 10 days, file written notice thereof with the department, together with a statement that notice has been given or mailed to the temporary bail bond agent. Such notice filed with the department shall state the reasons, if any, for such termination. Information so furnished the department is confidential and exempt from the provisions of s. 119.07(1). [Section 648.41, Florida Statutes]; (b) ‘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]. COUNT II 7. The above general allegations are hereby realleged and fully incorporated herein by reference. Ad Dec 6 2005 16:00 12/86/2685 16:54 8584874987 LEGAL SERVICES PAGE &5 8. On or about February 15, 2005, you, AHMAD H. ASAD, were distributing business cards that contained your name as well as the name of your agency, Adam’s Bail Bonds. The business cards did not have your address of record printed on the cards as required. IT IS THEREFORE CHARGED that you, AHMAD H. ASAD, 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) Any permissible advertising by a bail bond agent or agency must include the address of record filed with the department. [Section 648.44 (7), Florida Statutes]; (b) 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), WHEREFORE, you, AHMAD H. ASAD, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appointments as an insurance agent or to impose such penalties as may be provided under the provisions of Sections 648.45, 648.52, and 648.53, 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. Dec 6 2005 16:00 PAGE &6 12/86/2685 16:54 8584874987 LEGAL SERVICES 4, ed Ne 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, fo present evidence and argument, to call and cross-examine Witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. Ifa 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 Dec 6 2005 16:01 ay 12/86/2685 16:54 8584874987 LEGAL SERVICES PAGE 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 Financial Services. DATED and SIGNED this PTD aay of Oeboleer_. 2005. we REN CHANDLER Deputy Chief Financial Officer Dec 6 2005 16:01 12/86/2685 16:54 8584874987 LEGAL SERVICES PAGE 8 CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: AHMAD H. ASAD, 1465 NW North River Drive, Miami, FL 33 125, AHMAD H,ASAD, 6960 Byron Avenue, Miami Beach, FL 33125 by Certified Mail this eth day of ia » 2005. Wilham W. Tharpe, Jt. Florida Bar Number 0312411 Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 Phone: (850) 413-4110 Fax: (850) 487-4907 Certified Articte Number 72E0 3901 $348 yuzy bb1) SENDERS RECORD Certified Article Number 7LG0 3903, 64a 4434 bbo3 SENDERS RECORD Dec 6 2005 16:01 AGE @9 12/86/2685 16:54 8584874987 LEGAL SERVICES Pi STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: CASE NO.: 83183-05-AG AHMAD H. ASAD / ELECTION OF PROCEEDING Thave received and have read the Notice of the ADMINISTRATIVE COMPLAINT filed against me, including the Notice of Rights contained therein, and [ understand my options. | am requesting disposition of this matter as indicated below. (Choose oné) lL —] I do not dispute any of the Department’s factual allegations and I do not desire a hearing. I 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. Ido 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, I 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 sdme hearing by way of a telephone conference call. 3. [] T 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.:

Docket for Case No: 05-004423PL