Now 10 2008 12:39 NOV-10-2008 MON 12:55 PM 618504880697 FAX NO. 488 0697 P, 03 FILED Sep 11 2008 CHIEF FINANCIAL OFFICER STATE OF FLORIDA Docketed om AAD IN THE MATTER OF: LARRY SINGH CASE NO.; 97361-08-AG / ADMINISTRATIVE COMPLAINT TO: LARRY SINGH Singh’s Bail Bonds, Inc. 7045 NW 41" Street Miami, Florida 33166 LARRY SINGH 14400 SW 41" Street Miramar, Florida 33027 You, LARRY SINGH, 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 limited surety (bail bond) agent (2-34) and a managing general agent (0-60) in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1, Pursuant to Chapter 648, Florida Statutes, you, LARRY SINGH, currently are licensed in this state as a limited surety (bail bond) agent (2-34) and a managing general agent (0-60) (License Number 4303330). 2. At all times pertinent to the dates and occurrences referred to herein, you, LARRY SINGH, were licensed in this state as a limited surety (bail bond) agent (2-34) and a managing general agent (0-60). 3. Pursuant to Chapter 648, Florida Statutes, and the Florida Insurance Code, the Now 10 2008 12:40 NOV-10-2008 MON 12:56 PM 61604880607 FAX NO, 488 0697 P, Florida Department of Financial Services (hereinafter “Department”) has jurisdiction over your bail bond agent license, appointments and eligibility for licensure. 4. Section 648.25(1)\(b), Florida Statutes, defines a bail bond agency as “[a]n entity that: 1. Charges a fee or premium to release an accused defendant or detainee from jail; or 2. Engages in or employs others to engage in any activity that may be performed only by a licensed and appointed bail bond agent.” 5. Records kept by the Florida Department of State show that you, LARRY SINGH, are a Director and the Registered Agent for Singh’s Bail Bonds, Inc. (Singh’s”) (Document Number P01000091691). 6. Between August of 2003 and January of 2008, Singh’s did not have a properly appointed primary bail bond agent as required by the Florida Insurance Code. 7. The Department issued a Consent Order on June 11, 2007 pursuant to a Settlement Stipulation for Consent Order signed by you, LARRY SINGH, on or about June 5, 2007. The Consent Order imposed a fine of six hundred dollars ($600.00) based on allegations that you, LARRY SINGH, violated provisions of Chapter 648, Florida Statutes. COUNT I 8. The above General Allegations are hereby realleged and fully incorporated herein by reference. 9. On or about August 23, 2007, Patrick Doran was arrested in Dade County Florida, and his bail was set at one thousand dollars ($1,000.00). 10, After Patrick Doran’s arrest, Michael Doran, who is Patrick Doran’s father, contacted your bail bond agency, Singh’s, to secure the release of Patrick Doran, and this resulted in Singh’s writing the bail bond for the release of Patrick Doran. The bail bond was Now 10 2008 12:40 NOV-10-2008 MON 12:56 PM 618504880697 FAX NO. 488 0697 P, issued through power number 5A-138450 (“the Bond”). 11. During the aforementioned transaction, Michael Doran paid one hundred and one dollars ($101.00) to Singh’s as the premium on the Bond. This premium was paid by Michael Doran using his Visa credit card. Michael Doran received premium receipt number PR-4143 from Singh’s. 12. During the aforementioned transaction, Michael Doran signed a promissory note and indemnity agreement for one thousand dollars ($1,000.00) as collateral on the Bond. Michael Doran paid five hundred dollars ($500.00) as additional collateral on the Bond. This additional collateral was paid by Michael Doran using the same Visa credit card with which he had paid the premium on the Bond, Michael Doran received collateral receipt number 4143 from Singh’s. 13. Onor about April 1, 2008, the Bond was discharged in writing by the court in Dade County, thereby relieving you, LARRY SINGH, Singh’s, or the surety from liability on the Bond. 14. On or about May 12, 2008, Michael Doran called Singh's to inquire as to the status of his collateral. You, LARRY SINGH, told Michael Doran that the only way for him to get his collateral back was for him to personally come to your office with a certified copy of the discharge documents on Thursdays between the hours of two o’clock and five o’clock in the aftemoon, You, LARRY SINGH, stated that those were your rules and if Michael Doran wanted his collateral he would have to follow your rules. 15. On or about June 27, 2008, you, LARRY SINGH, sent a letter to Keith Swinehart, an Insurance Specialist IIT with the Department. In this letter, you, LARRY SINGH, indicate that you have possession of the Michael Doran’s collateral and state that you will refund the Now 10 2008 12:40 NOV-10-2008 MON 12:56 PM 618504880697 FAX NO. 488 0697 P, collateral only if Michael Doran follows your specific “company policy.” 16. The conditions set by you, LARRY SINGH, for the return of collateral to Michael Doran are not required or authorized by the Florida Insurance Code. 17. You, LARRY SINGH, continue to retain possession of Michael Doran's five hundred dollars ($500.00) collateral, 18. You, LARRY SINGH, continue to retain any and all premium payments paid to you and Singh’s by Michael Doran. IT I8 THEREFORE CHARGED that you, LARRY SINGH, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Florida Department of Financial Services, which constitute grounds for the suspension or revocation of your licenses and appointments as an insurance agent: a) Collateral security or other indemnity accepted by a bail bond agent, except a promissory note or an indemnity agreement, shall be returned upon final termination of liability on the bond. Such collateral security or other indemnity required by the bail bond agent must be reasonable in relation to the amount of the bond, Collateral security may not be used by the bail bond agent for personal benefit or gain and must be retumed in the same condition as received, [Section 648.442(1), Florida Statutes]. b) When the obligation of the surety on the bond or bonds has been released in writing by the court, the collateral shall be retumed to the rightful owner named in the collateral receipt unless another disposition is provided for by legal assignment of the right to receive the collateral to another person. [Section 648.442(4), Florida Statutes]. c) Lacks one or more of the qualifications specified in this chapter for a license or appointment. [Section 648.45(2)(a), Florida Statutes}. Now 10 2008 12:41 NOV-10-2008 MON 12:57 PM 618504880697 FAX NO. 488 0697 P, d) 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], e) Has demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes]. f) Has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 648.45(2)(g), Florida Statutes]. g) Is guilty of misappropriation, conversion, or unlawful withholding of moneys belonging to a surety, a principal, or others and received in the conduct of business under a license. [Section 648,45(2)(h), Florida Statutes]. h) 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]. i) Has demonstrated lack of good faith in carrying out contractual obligations and agreements. [Section 648.45(2)(1), Florida Statutes], j) Has failed to return collateral. [Section 648.45(2)(n), Florida Statutes]. k) The place of business of the applicant will be located in this state and in the county where the applicant will maintain his or her records and be actively engaged in the bail bond business and maintain an agency accessible to the public which is open for reasonable business hours, [Section 648.34(2)(c), Florida Statutes]. ) Every bail bond agent must be actively engaged in the bail bond business; in a building suitably designated as a bail bond agency, which must be maintained open and accessible to the public to render service during reasonable business hours. ... (3) As Now 10 2008 12:41 NOV-10-2008 MON 12:57 PM 618504880697 FAX NO. 488 0697 P, used in this rule, the term "reasonable business hours" means at least eight hours daily between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, except for legal holidays. [Rule 69B-221.051, Florida Administrative Code]. COUNT I 19. The above General Allegations are hereby realleged and fully incorporated herein by reference. 20. Onor about January 15, 2008, you, LARRY SINGH, as the owner and operator of Singh’s, submitted a designation of primary bail bond agent form to the Department and designated Jesus M. Jimeno, Jr. as the primary bail bond agent for Singh’s. 21. Between August of 2003 and January 15, 2008, you, LARRY SINGH, were operating Singh’s as bail bond agency. 22. Between August of 2003 and January 15, 2008, no primary agent for Singh’s was properly designated by submitting the requisite form to the Department. {Tt IS THEREFORE CHARGED that you, LARRY SINGH, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of ‘the Florida Department of Financial Services, which constitute grounds for the suspension or revocation of your licenses and appointments as an insurance agent: (a) The owner or operator of a bail bond agency shall designate a primary bail bond agent for each location, and shall file with the department the name and license number of the person and the address of the location on a form approved by the department, The designation of the primary bail bond agent may be changed if the department is notified immediately. Failure to notify the department within 10 working days after such change is grounds for disciplinary action pursuant to s, 648.45. [Section 648.387(1), Florida Now 10 2008 12:41 NOV-10-2008 MON 12:57 PM 618504880697 FAX NO. 488 0697 P, 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)(), 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]. WHEREFORE, you, LARRY SINGH, 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 Sections 648.442, 648.45, 648.49, 648.50, 648.51, 648.52 and 648.53, 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 Now 10 2008 12:42 NOV-10-2008 MON 12:58 PM 618504880697 FAX NO. 488 0697 P, 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) Astatement 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 10 Now 10 2008 12:42 NOV-10-2008 MON 12:58 PM 618504880697 FAX NO. 488 0697 P, 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 cal! 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 tequest 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 { [4h day yptnby 2007. om ON TAMMY T: Deputy Chief Financial Officer 1 Now 10 2008 12:42 _ NOV-10-2008 MON 12:58 PM 618504880897 FAX NO, 488 0697 P, CERTIFICATE OF SERVICE L HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to: LARRY SINGH C/o Singh’s Bail Bonds, Inc. 7045 NW 41" Street Miami, Florida 33166 LARRY SINGH 14400 SW 41" Street Miramar, Florida 33027 ] | th by Certified U.S. Mail, restricted delivery, return receipt requested, this 7 day of September, 2008. Thomas A, “Tad” David, Esq. Florida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4164 Florida Bar Number 0706868 12

Docket for Case No: 08-005625PL