REPRESENTING ALEX SINK a FILED OTOP _ Decketed wiih IN THE MATTER OF: CASE NO.: 88761-07-AG CARMEN MARIA HERNANDEZ / ADMINISTRATIVE COMPLAINT > 8 TO: ° CARMEN MARIA HERNANDEZ eS g 12695 Northwest 11" Street BES ‘Miami, Florida 33182 255 N Oro U CARMEN MARIA HERNANDEZ a0 c/o RICHARD B. MARK mo 66 West Flagler Street . i Concord Building, 2 Floor Miami, Florida 33130 You, CARMEN MARIA HERNANDEZ, 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 (bail bond) agent in this state and as a result of which it is alleged: GENERAL ALLEGATIONS 1, Pursuant to Chapter 648, Florida Statutes, you, CARMEN MARIA HERNANDEZ, currently are licensed in this state as a limited surety (bail bond) agent, and were so licensed at all times relevant to the dates and occurrences referenced herein. Your license identification number is A117272. 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, CARMEN MARIA HERNANDEZ, were émployed by Curly’s Bail Bond located at 1674 NW 17" Avenue, Miami, Florida 33125. ) 4 At all times relevant to the dates and occurrences referenced herein, Issiac Rivers, was not licensed as a limited surety (bail bond) agent in the State of Florida. COUNT I 5... The above General. Allegations are hereby realleged and fully incorporated herein by reference, , 6. On or about February.17, 2006, Elease Herrington Williams went to Bonsai’s Bail Bonds located at 2050 NW 6" Street, Fort Lauderdale, Florida to arrange bail for her cousin, Michelle Herrington, who was incarcerated. 7. At that time and place, Elease Herrington Williams entered into a transaction with employee Issiac Rivers. . 8. At that time and place, Issiac Rivers collected four hundred dollars ($400.00) from Elease Herrington Williams for the bond. Elease Herrington Williams agreed to pay the remaining fifty dollar ($50.00) balance in the future, 9. At that time and place, Issiac Rivers completed a Bailbond Release Payment form indicating that Elease Herrington Williams had paid four hundred dollars ($400.00) and that to there was a fifty dollar ($50.00) remaining balance. The form is signed by Issiac Rivers and dated February 17, 2006. . 10. Three appearance bonds (power numbers 2006A.A009257, 20064A009258, and 2006AA009259) for defendant Michelle Herrington were posted on February 17, 2006, and signed by you, CARMEN MARIA HERNANDEZ. 11. You, CARMEN MARIA HERNANDEZ, aided and. abetted Issiac Rivers, an unlicensed person, in the transaction of bail bond business. IT IS THEREFORE CHARGED that you, CARMEN MARIA HERNANDEZ, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, and Rules of the Department of Financial Services, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: _ (a) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the department, commission, or office. [Section 626.621(12), Florida Statutes] (b) ‘Has willfully used, or intended the use, of the license or appointment to circumvent any of the requirements or prohibitions of this chapter or the insurance code. [Section 648.45(2)(d), Florida Statutes] (c) Has demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes] ) (d) Has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 648.45(2)(g), Florida Statutes] (e) 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] (63) Has demonstrated a course of conduct or practices which indicate that the licensee is incompetent, negligent,.or dishonest or that property or rights of clients cannot safely be entrusted to him or her. [Section 648.45(2)(p), Florida Statutes] @) 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] (h) 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 It ‘ 12, The above General Allegations are hereby realleged and fully incorporated herein by reference, . 13. The business address that you, CARMEN MARIA HERNANDEZ, have filed with the Department of Financial Services is 1674 Northwest 17" Avenue, Miami, Florida 33125, 14. On or about August, 2006, you, CARMEN MARIA HERNANDEZ, moved your business address from 1674 Northwest 17" Avenue, Miami, Florida 33125. 15. You, CARMEN MARIA HERNANDEZ, never notified the Department of Financial Services in writing of your address change. IT IS THEREFORE CHARGED that you, CARMEN MARIA HERNANDEZ, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, and Rules of the Department of Financial Services, which constitutes grounds for the suspension or revocation of your licenses as a limited surety (bail bond) agent in this state: (a) Each licensee under this chapter shall notify in writing the department, insurer, managing general agent, and the clerk of each court in which the licensee is registered within 10 working days after a change in the licensee’s principal business address or telephone number. The licensee shall also notify the department within 10 working days after the change of the name, address, or telephone number of each agency or firm for which he or she writes bonds and any change in the licensee’s name, home address, or telephone number. [Section 648.421, Florida Statutes] (b) —- 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] | , WHEREFORE, you, CARMEN MARIA HERNANDEZ, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appointments as a limited surety (bail bond) agent, or to impose such penalties as may be provided under the provisions of Chapter 648, 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 of Financial Services ("Department") pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-106, 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 acting as 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. i] ' 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 SUSPENSION OR REVOCATION WILL. BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-106.2015, 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, address, and telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent"). (b) The name, address, telephone number, facsimile number of the attorney or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. (c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. (d) A statement of when the respondent received notice of the administrative complaint. (e) . A statement including the file number to the administrative complaint. 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. DATED and SIGNED this_/&2é AR N CHANDLER Deputy Chief Financial Officer CERTIFICATE OF SERVICE J HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to: CARMEN MARIA HERNANDEZ, 12695 Northwest 11" Street, Miami, Florida 33182, and -CARMEN MARIA HERNANDEZ, c/o RICHARD B. MARX, 66 West 1G tay Street, an Building, 2"? Floor, Miami, Florida 33130, by Certified Mail this "1G day of 2007. ia. Department of Financial Services Division of Legal Services we 200 East Gaines St. “ 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4210 Florida Bar Number 689793 A Recalved by (Piensa Print cea “B 2 of Dati dry Tes 3 LJ Agent C, Signature a Hk Kec DAddressee tr" Is delivery address difidrent rom ftam 1? WYES, enter delivary address below; ites : {3. Servic ype: C | wv ‘FLED 3501 S48 44393 790 ER [ Tr Aillcla Addressed tor CARSSEN- MARIA HERNANDEZ a Reference Information C/O RICHARD B, MARX _ as “ 88761-06-AG 66 WEST SERS Sepiember 18, 2007 CONCORD BUILD eas Kitchen | MIAMI, FL 33130 EWE et i re i PS Form 3874, July 2001 Domestic Return Receipt

Docket for Case No: 07-004800PL