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DEPARTMENT OF FINANCIAL SERVICES vs JUDE CABROUET, 06-003920PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-003920PL Visitors: 10
Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: JUDE CABROUET
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Financial Services
Locations: Tampa, Florida
Filed: Oct. 10, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 1, 2006.

Latest Update: Dec. 23, 2024
Oct 10 2006 16:23 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 16 2646 @4:17PM P39 DEPARTMENT OF FINANCIAL SERVICES TOM GALLAGHER CHIEF FINANCIAL OFFICER STATE OF FLORIDA "ue 28 2006 IN THE MATTER OF: Dooketad mg CASE NO.: 87178-06-AG JUDE CABROUET ADMINISTRATIVE COMPLAINT JUDE CABROUET Court Services, Inc. PO Box 8267 Tampa, Florida 33604 JUDE CABROUET 1706 Newland Place Valrico, Florida 33594 You, JUDE CABROUET, license 1.D. #D002180, 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, JUDE CABROUET, are currently licensed in this state as a Limited Surety Agent (Bail Bond) (2-34). 2, Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over your insurance licenses and appointments. 3. At all times pertinent to the dates and occurrences referred to herein, you, JUDE CABROURT, were licensed in this state as a Limited Surety Agent (Bail Bond) (2-34). Oct 10 2006 16:24 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Oct. 16 2666 @4:18PM P4-o 4. Atall times relevant hereto, you, JUDE CABROUET, were an officer or employee of Quick Release Bail Bonds, COUNT J 5. The above general allegations are hereby realleged and fully incorporated herein by reference, 6. On February 9, 2006, the Department discovered an advertisement for Quick Release Bail Bonds was placed in the 2006-2007 edition of the St. Petersburg/Clearwater Yellow Book that did not include the agency address on record with the Department. IT IS THEREFORE CHARGED that you, JUDE CABROUET, 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) — 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 code. [Section 648.45(2)(j), Florida Statutes]; (c) » 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 I 7. The above general allegations are hereby realleged and fully incorporated herein by reference. 8. During the investigation of the violation alleged in Count I, the Department discovered that you, JUDE CABROUET, did not designate a primary bail bond agent for Quick Release Bonds. Oct 10 2006 16:24 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 14 2646 44:16PM PS-9 IT I8 THEREFORE CHARGED that you, JUDE CABROUET, 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) 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. The designation of the primary bail bond agent may be changed if the department is notified immediately, Failure to notify the department within 10 working days after such change is grounds for disciplinary action pursuant to s. 648.45, [Section 648.387(1), Florida Statutes]; (b) 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 code, [Section 648.45(2)(j), Florida Statutes]; (c) 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, JUDE CABROUET, 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 648.46, 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. 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 Oct 10 2006 16:24 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 14 2646 44:16PM Peo 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 Departinent 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) Astatement 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 Oct 10 2006 16:25 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 16 2666 84:19PM Pro 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 2@** day of Aluguak . 2006. REN CHANDLER Deputy Chief Financial Officer Oct 10 2006 16:25 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 14 2646 44:19PM Peed CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: JUDE CABROUET, P.O. Box 8267, Tampa, Florida 33604; 1706 Newland Place, Valrico, Florida 33594, by Certified Mail this 7" day of buck, 2006, — eo WILLIAM W. THARPE, JR. Florida Bar Number: 0312411 Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 Phone: (850) 413-4110 Fax: (850) 487-4907

Docket for Case No: 06-003920PL
Source:  Florida - Division of Administrative Hearings

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