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DEPARTMENT OF FINANCIAL SERVICES vs SYLVESTER WALTER JONES, 07-005224PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-005224PL Visitors: 9
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. ac g a “SENDERS RECG 7Lb0 3902 3848 4433 8301 ZO pray ‘gore _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.
Source:  Florida - Division of Administrative Hearings

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