PALEY REPRESENTING f* ALEX SINK ~* Agar ; "* Deoketec me LM CHIEF FINANCIAL OFFICER STATE OF FLORIDA p IN THE MATTER OF: O { EUGENE DONALDSON CASE NO.: 101198-09-AG / ADMINISTRATIVE COMPLAINT TO: EUGENE DONALDSON 5645 Chirping Way W. Jacksonville, FL 32222-2310 EUGENE DONALDSON I TRY HARDER BAIL BONDS 410 E. Church St. Jacksonville, FL 32202 You, EUGENE DONALDSON, license I.D. #E010192, 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, EUGENE DONALDSON, 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, also known as 24/7 Bonds Inc. (“Universal”), a bail bond agency, was principally located in Miami with a branch office in Jacksonville. 4. You, EUGENE DONALDSON, were employed at the Jacksonville branch of Universal, located at 303 North Liberty Street, as primary bail bond agent from on or about September 11, 2006 through May 9, 2007. 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, a Department investigator visited Universal at 303 North Liberty Street in Jacksonville and found you, EUGENE DONALDSON, and Ola Mae Johnson (“Johnson”), in Universal’s employ. 9. Johnson was employed at Universal from September 2006 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, EUGENE DONALDSON, 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 | 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, EUGENE DONALDSON, 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 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. Ifa 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 of Financial Services. DATED and SIGNED this 21st day of January, 2009. TAMMY TESTQN Deputy Chief Financial Officer CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to: EUGENE DONALDSON, 5645 Chirping Way W., Jacksonville, FL 32222-2310; EUGENE DONALDSON, I TRY HARDER BAIL BONDS, 410 E. Church St., Jacksonville, FL 32202 by Certified Mail, return receipt requested and restricted delivery, this 21 Stday of January, 2009. Annie Wang S Florida Bar Number: 57863 . Division of Legal Services 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4134 Fax (850) 487-4907 Attorney for Department

Docket for Case No: 09-000659PL