Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: SYLVESTER WALTER JONES
Judges: CHARLES C. ADAMS
Agency: Department of Financial Services
Locations: Deland, Florida
Filed: Nov. 15, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 9, 2008.
Latest Update: Nov. 05, 2024
REPRESENTING
ALEX SINK
CHIEF FINANCIAL OFFICER
STATE OF FLORIDA
IN THE MATTER OF:
CASE NO.: 87354-07-AG
SYLVESTER WALTER JONES Aq-953 54 Pd.
ADMINISTRATIVE COMPLAINT
TO: SYLVESTER WALTER JONES
1014 Cadillac Drive
Daytona Beach, Florida 32117-3959
SYLVESTER WALTER JONES
Jones Bail Bonds
114 South Adams Street
Daytona Beach, Florida 32114-4112
SYLVESTER WALTER JONES
821 2"! Avenue
Daytona Beach, Florida 32114-3067
You, SYLVESTER WALTER JONES, 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, SYLVESTER WALTER JONES,
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 A134850.
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,
SYLVESTER WALTER JONES, were owner and primary bail bond agent of Jones Bail Bonds
located at 114 South Adams Street, Daytona Beach, Florida 32114.
4. At all times relevant to the dates and occurrences referred to herein, you,
SYLVESTER WALTER JONES employed Gareth Earl Jones at Jones Bail Bonds, where he
worked under your direction, supervision, and control.
COUNT I
5. The above General Allegations are hereby realleged and fully incorporated herein
by reference.
6. Gareth Earl Jones is your son.
7. Gareth Earl Jones pleaded nolo contendere to four (4) felony counts Failure to
Appear on August 3, 2005, in the Circuit Court in and for Volusia County, Florida. Adjudication
of guilt was withheld.
8. Gareth Earl Jones was sentenced to a jail term of 398 days with credit for time
served, and ordered to pay four hundred and ten dollars ($410.00) in court costs.
9. Gareth Earl Jones executed and signed bonds from September, 2005 through at
least January, 2006, on behalf of Jones Bail Bonds.
10. You, SYLVESTER WALTER JONES, willfully, and knowingly employed an
individual who pled nolo contendere to felony charges.
IT IS THEREFORE CHARGED that you, SYLVESTER WALTER JONES, 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) An owner, operator, or primary agent may not employ, contract with, or use the
services of any person in a bail bond agency who has been charged with, found guilty of, or pled
guilty or nolo contendere to a felony or a crime punishable by imprisonment of 1 year or more
under the law of any jurisdiction, without regard to whether judgment was entered or withheld by
the court; [Section 648.387(4), Florida Statutes]
(b) A person who has been convicted of or who has pleaded guilty or no contest to a
felony or a crime involving moral turpitude or a crime punishable by imprisonment of 1 year or
more under the law of any state, territory, or country, regardless of whether adjudication of guilt
was withheld, may not act in any capacity for a bail bond agency or participate as a director,
officer, manager, agent, contractor, or employee of any bail bond agency or office thereof or
exercise direct or indirect control in any manner in such agency or office or own shares in any
closely held corporation which has any interest in any bail bond business. Such restrictions on
engaging in the bail bond business shall continue to apply during a pending appeal; [Section
648.44(8)(a), 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 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)(), 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]
WHEREFORE, you, SYLVESTER WALTER JONES, 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.
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.
A OATY,
“ Poop, tien
DATED and SIGNED this _<7!->" dayof {£ CiifAr ie , 2007.
KAREN CHANDLER
Deputy Chief Financial Officer
Boome
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE
COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to:
SYLVESTER WALTER JONES
1014 Cadillac Drive
Daytona Beach, Florida 32117-3959;
SYLVESTER WALTER JONES
Jones Bail Bonds
114 South Adams Street
Daytona Beach, Florida 32114-4112;
SYLVESTER WALTER JONES
821 2™ Avenue
Daytona Beach, Florida 32114-3067;
by Certified Mail this ZZ day of _OctdzesP _, 2007.
Certified Article Number
7Ub0 3901 9848 4433 8301
«SENDERS RECORD...
F< -Certified Article Number.
200 East Gaines St.
ALLO 3902 9848 4453 8318 612 Larson Building
E i 2. Article Number
"Certified Article.
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g a “SENDERS RECG 7Lb0 3902 3848 4433 8301
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_CiAdtreasee
. bry address different tromark 42 Yes
If YES, enter delivery address belaw: / CINo
| 3. Service Type CERTIFIED MAIL
i 4, Restricted Delivery? (Extra Fee) Yes _|
1. Article Addressed to:
SYLVESTER WALTER JONES Pee
JONES BAIL BONDS 87354-06-AG
114 SOUTH ADAMS STREET October 23, 2007
DAYTONA BEACH, FL 32114-41 fichen
: rp
i - £3
i PS Form 3811, July 2001 ~~ Domestic Return Receipt
Docket for Case No: 07-005224PL
Issue Date |
Proceedings |
Apr. 09, 2008 |
Order Closing File. CASE CLOSED.
|
Apr. 08, 2008 |
Motion to Relinquish Jurisdiction and Close File filed.
|
Feb. 18, 2008 |
Order Re-scheduling Hearing (hearing set for April 15, 2008; 10:00 a.m.; Deland, FL).
|
Feb. 13, 2008 |
Petitioner`s Notice of Taking Deposition filed.
|
Feb. 13, 2008 |
Petitioner`s Notice of Taking Deposition filed.
|
Feb. 13, 2008 |
Petitioner`s Notice of Taking Deposition of Respondent filed.
|
Jan. 29, 2008 |
Petitioner`s Case Status Report filed.
|
Jan. 15, 2008 |
Order Placing Case in Abeyance (parties to advise status by January 28, 2008).
|
Jan. 14, 2008 |
CASE STATUS: Hearing Partially Held; continued to January 28 (.75) |
Jan. 11, 2008 |
Petitioner`s Exhibit List (exhibits not available for viewing) filed.
|
Dec. 05, 2007 |
Order of Pre-hearing Instructions.
|
Dec. 05, 2007 |
Notice of Hearing (hearing set for January 14, 2008; 10:00 a.m.; Deland, FL).
|
Nov. 26, 2007 |
Letter response to the Initial Order filed.
|
Nov. 21, 2007 |
Petitioner`s Response to Initial Order filed.
|
Nov. 21, 2007 |
Letter response to the Initial Order filed.
|
Nov. 20, 2007 |
Undeliverable envelope returned from the Post Office.
|
Nov. 15, 2007 |
Initial Order.
|
Nov. 15, 2007 |
Administrative Complaint filed.
|
Nov. 15, 2007 |
Request for Administrative Hearing filed.
|
Nov. 15, 2007 |
Agency referral filed.
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