Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: DWIGHT OTTO JACKSON
Judges: LARRY J. SARTIN
Agency: Department of Financial Services
Locations: Miami, Florida
Filed: Oct. 01, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 11, 2008.
Latest Update: Dec. 24, 2024
PILED
2D we Se
REPRESENTING
ALEX SINK SEP yy 2008
CHIEF FINANCIAL OFFICER
STATE OF FLORIDA
Dl mstia ny, LU
IN THE MATTER OF: O : p byt, out,
y 415 oe “ss
DWIGHT OTTO JACKSON CASE NO.: 90206-08-AG_, %
ADMINISTRATIVE COMPLAINT
TO: Dwight Otto Jackson
Universal 24/7 Bail Bonds
303 N. Liberty St. Annex Bldg.
Jacksonville, FL 32202
Dwight Otto Jackson
1540 NW 15" St.
Miami, FL 33215
Dwight Otto Jackson
1531 NE 118 Terr.
Miami, FL 33161
You, DWIGHT OTTO JACKSON, license I.D. #D074031, 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, as a result of which it is
alleged:
GENERAL ALLEGATIONS
1. Pursuant to Chapter 648, Florida Statutes, you, DWIGHT OTTO JACKSON, are
currently licensed in this state as a limited surety bail bond agent in Florida.
2. Pursuant to Chapter 648, Florida Statutes, the Florida Department of Financial
Services (“Department”) has jurisdiction over your bail bond license and appointments.
3. At all times material hereto, Universal 24/7 Bail Bonds, also known as Universal
24/7, also known as 24/7 Bail Bonds, (“Universal”), a bail bond agency, was principally located
in Miami with a branch office in Jacksonville.
4. You, DWIGHT OTTO JACKSON, were employed at the Jacksonville branch of
Universal as primary bail bond agent from on or about September 15, 2005 through November
16, 2006.
5. Pursuant to Section 648.25(6), Florida Statutes, “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. A bail bond agent may be designated as primary bail bond agent
for only one bail bond agency location.”
6. Pursuant to Section 648.387(2), Florida Statutes, “[t]he primary bail bond agent is
responsible for the overall operation and management of a bail bond agency location, whose
responsibilities may include, without limitations, hiring and supervising of all individuals within
the location, whether they deal with the public in the solicitation or negotiation of bail bond
contracts or in the collection or accounting of moneys. A person may be designated as primary
bail bond agent for only one location.”
COUNT I
7. The above General Allegations are hereby realleged and fully incorporated herein
by reference.
8. On or about October 25, 2006, Detective Seth Schiefer of the Department visited
Universal in Jacksonville and found you, DWIGHT OTTO JACKSON, and Ola Mae Johnson
(“Johnson”), in Universal’s employ.
9. Johnson was employed at Universal from September through November 2006.
10. On May 11, 2004, in the Circuit Court of Duval County, Florida, Johnson pled
guilty to felony grand theft. Adjudication was withheld.
IT IS THEREFORE CHARGED that you, DWIGHT OTTO JACKSON, 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 constitute grounds for the suspension or
revocation of your license and appointments as a bail bond agent and your eligibility for
licensure and appointment:
a) 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]
b) Demonstrated lack of fitness or trustworthiness to engage in the bail bond
business. [Section 648.45(2)(e), 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]
d) 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, F.S., to solicit or engage in the bail bond business in his behalf shall be deemed in
violation of Section 648.30, F.S. 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. [Rule 69B-221.001,
Florida Administrative Code]
WHEREFORE, you, DWIGHT OTTO JACKSON, are hereby notified that the Chief
Financial Officer intends to enter an Order revoking your license and appointments as a bail
bond agent or to impose such lesser penalties as may be provided under the provisions of
Sections 648.45, 648.46, 648.49, 648.50, 648.52, 648.53 and 648.57, Florida Statutes, and under
any and all of 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) 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 fee! 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 "wn day of Sepkmber , 2008.
Dari aton
TAMMY T. ON
Deputy Chief Financial Officer
CERTIFICATE OF SERVICE
SSL ATE OF SERVICE
DAVID J. BUSCH
Division of Legal Services
Larson Building
200 East Gaines Street
Tallahassee, Florida 32399-0333
Phone (850) 413-4146
Docket for Case No: 08-004915PL
Issue Date |
Proceedings |
Dec. 11, 2008 |
Order Closing File. CASE CLOSED.
|
Dec. 11, 2008 |
Motion to Relinquish Jurisdiction filed.
|
Nov. 25, 2008 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 22, 2009; 9:00 a.m.; Miami and Tallahassee, FL).
|
Nov. 24, 2008 |
Department Motion for Continuance filed.
|
Nov. 06, 2008 |
Order Directing Filing of Exhibits.
|
Oct. 16, 2008 |
Order of Pre-hearing Instructions.
|
Oct. 16, 2008 |
Notice of Hearing by Video Teleconference (hearing set for December 3, 2008; 9:00 a.m.; Miami and Tallahassee, FL).
|
Oct. 08, 2008 |
Department Response to Initial Order filed.
|
Oct. 02, 2008 |
Initial Order.
|
Oct. 01, 2008 |
Administrative Complaint filed.
|
Oct. 01, 2008 |
Election of Proceeding filed.
|
Oct. 01, 2008 |
Notice of Appearance (filed by G. Meros, Jr.).
|
Oct. 01, 2008 |
Agency referral filed.
|