Os aoK1 Po REPRESENTING APR 16 2008 ALEX SINK CHIEF FINANCIAL OFFICER oo, STATE OF FLORIDA ; . ig /¢ Bocketea by: ey: IN THE MATTER OF: . CASE NO.: 94722-08-AGc:. DAVID LEE LOWMAN poe _ / ADMINISTRATIVE COMPLAINT TO: DAVID LEE LOWMAN 6213 12™ Avenue South Gulfport, Florida 33707-3108 DAVID LEE LOWMAN Help Bail Bonds, Inc. 5610 Roosevelt Blvd. Clearwater, Florida 33760 ADMINISTRATIVE COMPLAINT. You, DAVID LEE LOWMAN, 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 agent in this state, and in accordance with the provisions of subsection 648.27(3), Florida Statutes and Florida Administrative Code Rule 69B-221.1 50, as a result of which it is alleged that: GENERAL ALLEGATIONS 1. Pursuant to Chapter 648, Florida Statutes, you, DAVID LEE LOWMAN, are licensed in this state as a limited surety (2-34) agent. 2. Pursuant to Chapter 648, Florida Statutes, the Florida Department of Financial Services has jurisdiction over your limited surety agent license and appointments. 3. During all times material to the allegations contained in this Administrative Complaint you, DAVID LEE LOWMAN, were the owner, director, president, secretary and treasurer of Help Bail Bonds, Inc. (the agency), having a corporate address at 4707 140" Avenue North, Suite 113, Clearwater, Florida 33762. 4. During all times material to the allegations contained in this Administrative Complaint you, DAVID LEE LOWMAN, were the designated primary bail bond agent of Help Bail Bonds, Inc. “Primary bail bond agent” means a licensed bail bond agent who is responsible for the overall operation and management of a bail bond agency location and whose responsibilities include hiring and supervising all individuals within that location [Section 648.25(6), Florida Statutes]. 5. On or about January 22, 1998, Donald Ray Lowman was convicted of several felonies, to wit: possession and multiple sales of cocaine and marijuana, in Pinellas County, Sixth Judicial Circuit, Florida. COUNT} 6. The above General Allegations are hereby realleged and fully incorporated herein by reference. 7. On January 8, 2008, you, DAVID LEE LOWMAN, and your brother, Donald Ray Lowman, entered the Pasco County Tax Collector’s Office located at 4720 US Highway 19, New Port Richey, Florida 34652-4944 (the tax office) for the purpose of apprehending defendant John E. Darlington, a principal on a bond issued by the agency. 8. You, DAVID LEE LOWMAN, at that time and place knew or should have known that your brother was a convicted felon, was not a licensed bail bond agent, and was not eligible for licensure by the Department. Nevertheless, you knowingly and willfully permitted Donald Ray Lowman to act in the capacity of a bail bond agent and so function and engage in bail bond business activities by soliciting his assistance in the apprehension of John E. Darlington at the tax office on the afternoon of January 8, 2008. 9. Furthermore, you, DAVID LEE LOWMAN, demonstrated a lack of fitness and trustworthiness to engage in the bail bond business by utilizing the services of an unlicensed agent to accomplish the apprehension of an accused felon in a crowded public office thereby unduly endangering the well-being of those present at the time and place described above. IT IS THEREFORE CHARGED that you, DAVID LEE LOWMAN, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a limited surety agent and your eligibility for licensure and appointment: (a) Any licensed bail bond agent, temporary bail bond agent, or managing general agent engaged in the bail bond business, who permits any person not licensed, as required under Chapter 648, Florida Statutes, to solicit or engage in the bail bond business in his behalf shall be deemed in violation of Section 648.30, Florida Statutes. A bail bond agent or duly licensed person from another state may apprehend, detain, or arrest a principal on a bond, as provided by law. [Florida Administrative Code Rule 4-221.001]; (b) (1) A person may not act in the capacity of a bail bond agent, temporary bail bond agent, or runner or perform any of the functions, duties, or powers prescribed for bail bond agents or runners under this chapter unless that person is qualified, licensed, and appointed as provided in this chapter. (2) No person shall represent himself or herself to be a bail enforcement agent, bounty hunter, or other similar title in this state. (3) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a principal on a bond, wherever issued, unless that person is qualified, licensed, and appointed as provided in this chapter or licensed as a bail bond agent by the state where the bond was written. [Section 648.30, Florida Statutes]; (c) 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 exercised 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]; (d) An owner, operator, or primary agent may not employ, contract with, or use the services of any person 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]; (e) The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code for any of the following causes: [Section 648.45(2), Florida Statutes]; (f) Demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes]; | (g) 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 chapter or the insurance code. [Section 648.45(2)(j), Florida Statutes]; (h) The department may deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, or it may suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or for any of the following causes: (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, DAVID LEE LOWMAN, are hereby notified that the Chief Financial Officer intends to enter an Order revoking your license and appointments as a limited surety agent or to impose such lesser penalties as may be provided under the provisions of Sections 648.27, 648.45, 648.46, 648.49, 648.50, 648.52, and 648.53, Florida Statutes, and under the other referenced sections of the Florida Statutes, procedures, and rules as set forth in this Administrative Complaint. 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) Astatement 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. 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 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. +h ‘ DATED and SIGNED this 1 ©" day or__ om \ , 2008. et eis KA CHANDLER Deputy Chief Financial Officer CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished by Certified Mail to DAVID LEE LOWMAN, 6213 12™ Avenue South, Gulfport, Florida 33707-3108, and to DAVID LEE LOWMAN, Help Bail Bonds, Inc., 5610 Roosevelt Blvd., Clearwater, Florida 33760 this \ eM bay of er. \_ 2008. * . David J. Busch, Esquire ’ Florida Department of Financial Services 200 E. Gaines Street, Suite 612 Tallahassee, Florida 32399-0333 (850) 413-4146 Attorney for Department

Docket for Case No: 08-002281PL