FROM May 18 2009 10:45 DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr May. 15 2863 83:35AM PS _ \ a Po PR 9 2009 " Docketed by! e | E ENTING = ALEX SINK CHIEF FINANCIAL OFFICER STATE OF FLORIDA IN THE MATTER OF: CASE NO,: 103572-09-AG GREGORY MARK HUTCHINSON / TO: GREGORY MARK HUTCHINSON 156 Meadow Avenue Saint Augustine, Florida 32084 GREGORY MARK HUTCHINSON 4401 Avenue D Saint Augustine, Florida 32095-5217 You, GREGORY MARK HUTCHINSON, 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 surcty (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, GREGORY MARK HUTCHINSON, 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 A126805. May 18 2009 10:45 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 15 2869 89:56AM P4 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, GREGORY MARK HUTCHINSON, were president, owner, and the designated primary agent of A-I Bail Bond Agency, Inc. (“A-i Bail Bonds”) located at 4401 Avenue D, Saint Augustine, Florida 32095-5217, 4 At all times relevant to the dates and occurrences referenced herein, Pamela Marie Hutchinson (also known as Pamela Weedman), was not licensed as a limited surety (bail bond) agent in the State of Florida. 5. At all times relevant to the dates and occurrences referenced herein, Pamela Marie Hutchinson, was an employee of A-1 Bail Bonds. 6. Pursuant to Section 648.30(1), Florida Statutes, “[a] person may not act in the capacity of a bail bond agent or temporary bail bond agent of perform any of the functions, dutics, or powers prescribed for bail bond agents or temporary bail bond agents under this chapter unless that person is qualified, licensed, and appointed as provided in this chapter.” 7. ‘The above General Allegations are hereby realleged and fully incorporated herein by reference, 8. On or about February 22, 2008, Kenneth Christensen called A-1 Bail Bonds from the St. Johns County Jail to arrange bail for himself because he was incarcerated. 9. Pamcla Marie Hutchinson went to the St. Johns County Jail where she posted five hundred dollars ($500.00) bail for Kenneth Christensen whereupon he was released. May 18 2009 10:45 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 15 2869 9:56AM PS 10, Pamela Marie Hutchinson and Kenneth Christensen went from the jail to A-1 Bail Bonds. At that time and place, Kenneth Christensen entered into a transaction with A-1 Bail Bonds employee Pamela Marie Hutchinson. Ii. At that time and place, Pamela Marie Llutchinson completed all of the paperwork for the bond including all necessary forms and applications, explained the transaction to Kenneth Christensen, showed Kenneth Christensen where to sign the necessary forms, and collected one hundred dollars ($100.00) in cash from Kenneth Christensen for the bond. 12. Kenneth Christensen has never met you, GREGORY MARK HUTCHINSON, 13. You, GREGORY MARK HUTCHINSON, signed the forms for the unlicensed bail bond transaction with Kenneth Christensen, which was conducted by Pamela Marie TWutchinson, 14, You, GREGORY MARK HUTCHINSON, aided and abetied Pamela Marie Hutchinson, an unlicensed person, in the transaction of bail bond business. IT IS THEREFORE CHARGED that you, GREGORY MARK HUTCHINSON, 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) Tas 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] (b) las demonstrated Jack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes] May 18 2009 10:45 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr May. 15 2863 83:36AM Pe (c) Has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment, [Section 648.45(2)(g), 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)(j), Morida Statutes] (c) Has demonstrated a course of conduct or practices which indicate that the licensee is incompetent, negligent, or dishonest or that property or rights of clients cannot safely be entrusted to him or her. [Section 648,45(2)(p), Florida Statutes} (f) 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] (2) Being found to be a source of injury ot loss to the public or detrimental to the public interest or being found by the department to be no longer carrying on the bail bond business in good faith, [Section 648.45(3)(e), Florida Statutes] (h) An insurer, managing gcneral agent, bail bond agent, or temporary hail bond agent appointed under this chapter may not furnish to any person any blank forms, applications, stationary, business card, or other supplies to be used in soliciting, negotiating, or effecting bail bonds until such person has received from the department a license to act as a bail bond agent and is appointed by the insurer. This does not prohibit an unlicensed employee, under the direct supervision and control of a licensed and appoinied bail bond agent, from possessing or executing in the bail bond agency, any forms, except for powers of attomey, bond forms, and collateral receipts, while acting in the scope of his or her employment. [Section 648.441(1), Florida Statutes] May 18 2009 10:45 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 15 2669 89:57AM Pr COUNT IT 15. The above General Allegations are hereby realleged and fully incorporated herein by reference. 16. On or about December 15, 2007, Thomas Weedman contacted A-1 Bail Bonds to arrange bail for his son, Brandon Weedman, who was incarcerated in the St. Johns County Jail. 17. Pamela Marie Hutchinson went to the St. Johns County Jail where she posted two bonds for Brandon Weedman in the amounts of five hundred dollars ($500.00) and five thousand dollars ($5,000.00) whereupon he was released. 18. Pamela Marie Hutchinson and Brandon Weedman went from the jail to A-1] Bail Bonds where Thomas Weedman would pick him up. At that time and place, Thomas Weedman entered into a transaction with A-1 Bail Bonds employee Pamela Marie [Iutchinson. 19. At that time and place, Pamela Marie Hutchinson completed paperwork for the bond including all necessary forms and applications, explained the transaction to Thomas Weedman, showed him where to sign the necessary forms, and collected six hundred dollars ($600.00) in cash from Thomas Weedman for the bond. 20. Pamela Marie Hutchinson handled the entire transaction. Thomas Weedman never met with you, GREGORY MARK HUTCHINSON, in regard to his son’s bail bond. 21, You, GREGORY MARK HUTCHINSON, signed the forms for the unlicensed bail bond transaction with Thomas Weedman, which was conducted by Pamela Marie Hutchinson. 22, You, GREGORY MARK HUTCHINSON, aided and abetted Pamela Marie Hutchinson, an unlicensed person, in the transaction of bail bond business, May 18 2009 10:47 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr May. 15 2863 83:37AM Pe IT IS THEREFORE CHARGED that you, GREGORY MARK HUTCHINSON, 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 a limited surety (bail bond) agent in this state: (a) 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. [Scetion 648.45(2)(d), Florida Statutes] (b) Has demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(c), Florida Statutes] (c) Has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 648.45(2)(g), Florida Statutes] (dq) 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)q), Florida Statutes] (e) Tlas demonstrated a course of conduct or practices which indicate that the licensée is incompetent, negligent, or dishonest or that property or rights of clients cannot safely be entrusted to him or her. [Section 648.45(2)(p), Florida Statutes| (ft 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] (g) Being found to be a source of injury or loss to the public or detrimental to the public interest or being found by the department to be no longer carrying on the bail bond business in good faith. [Section 648.45(3\(e), lorida Statutes] May 18 2009 10:47 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr May. 15 2863 83:37AM Pa (h) An insurer, managing gencral agent, bail bond agent, or temporary bail bond agent appointed under this chapter may not furnish to any person any blank forms, applications, stationary, business card, or other supplies to be used in soliciting, negotiating, or effecting bail bonds until such person has reccived from the department a license 1o act as a bail bond agent and is appointed by the insurer. This does not prohibit an unlicensed employee, under the direct supervision and control of a licensed and appointed bail bond agent, from possessing or executing in the bail bond agency, any forms, except for powers of atlormey, bond forms, and collateral receipts, while acting in the scope of his or her employment. [Section 648.441 (1), Florida Statutes] 23. The above General Allegations are hereby realleged and fully incorporated herein by reference. 24, On or about February 15, 2008, Nancy Lawrence called A-1 Bail Bonds to arrange bail for Chainy Mullins who was incarcerated in the 8t. Johns County Jail. 25. Nancy Lawrence went to A-] Bail Bonds located at 4401 Avenue D, Saint Augustine, Florida 32095-5217, where she met Pamela Marie Hutchinson. 26. Pamela Marie Hutchinson was the only person present at A-1 Bail Bonds whilc Naney Lawrence was there. 27. At that time and place, Nancy Lawrence entered into a transaction with A-1 Bail Bonds employee Pamela Maric Hutchinson to arrange the release of Chainy Mullins. 28. At that time and place, Pamela Marie Hutchinson completed all of the paperwork for the bond including all necessary forms and applications, explained the transaction to Nancy May 18 2009 10:47 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 15 28689 89:58AM Plea Lawrence, showed Nancy Lawrence where to sign the necessary forms, and collected one hundred dollars ($100.00) in cash from Nancy Lawrence for the bond. 29, Nancy Lawrence has never met you, GREGORY MARK HUTCHINSON. 20. You, GREGORY MARK HUTCHINSON, signed the forms for the unlicensed bail hond transaction with Nancy Lawrence, which was conducted by Pamela Marie Hutchinson. 31, You, GREGORY MARK HUTCHINSON, aided and abetied Pamela Marie Hutchinson, an unlicensed person, in the iransaction of bail bond business. IT IS THEREFORE CHARGED that you, GREGORY MARK HUTCHINSON, 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 a limited surety (bail bond) agent in this state: (a) Tas willfully used, or intended the use, of the license or appoiniment to circumvent any of the requirements or prohibitions of this chapter or the insurance code. [Section 648.45(2)(d), Florida Statutes] (b) Has demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes] (c) Has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 648.45(2)(g), 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] May 18 2009 10:48 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr May. 19 2669 @9:38AM Pil (e) Has demonstrated a course of conduct or practices which indicate that the licensee is incompetent, negligent, or dishonest or that property or rights of clicnts cannot safely be entrusted to him or her. |Section 648.45(2)(p), Florida Statutes] (f) 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] (g) Being found to be a source of injury or loss to the public or detrimental to the public interest or being found by the department to be no longer carrying on the bail bond business in good faith. [Section 648.45(3\(c), Florida Statutes] (h) ‘An insurer, managing general agent, bail bond agent, or temporary bail bond agent appointed under this chapter may not furnish to any person any blank forms, applications, stationary, business card, or other supplies to be used in soliciting, negotiating, or effecting bail bonds until such person has received from the department a license to act as a bail bond agent and is appointed by the insurer. This does not prohibit an unlicensed employee, under the direct supervision and control of a licensed and appointed bail bond agent, from possessing or executing in the bail bond agency, any forms, except for powers of attorney, bond forms, and collateral receipts, while acting in the scope of his or her employment. [Section 648.441(1), Florida Statutes| COUNT IV 32, ‘The above General Allegations are hereby realleged and fully incorporated herein by reference. 33, On or about June 24, 2008, A-1 Bail Bonds employee, Pamela Maric Hutchinson, was charged by the State of Florida for unlawfully acting in the capacity of a bail bond agent in case number 08001286CE. May 18 2009 10:48 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr May. 18 2669 83:58AM Ple 34. The crime Pamela Marie Hutchinson is charged with is a felony pursuant to Section 648.30, Florida Statutes. 35. Subsequent to Pamela Marie Hutchinson being charged with a felony, you, GREGORY MARK HUTCIIINSON, employed her at A-| Bail Bonds where she continued to conduct and negotiate bail bond business, and answer phones. IT IS THUREFORE CHARGED that you, GREGORY MARK HUTCHINSON, 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 a limited surety (hail bond) agent in this State: (a) An owner, operator, or primary agent may not employ, contract with, or use the services of any person 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 cntered or withheld from the court. [Section 648.387(4), Florida Statutes] (b) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the department, commission, or office. [Section 626.621(12), Florida Statutes] (c) 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] May 18 2009 10:48 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 15 2889 89:59AM P1s (d) Has demonstrated a course of conduct or practices which indicate that the licensee is incompetent, negligent, or dishonest or that properly or rights of clicnts cannot safely be entrusted to him or her, [Section 648.45(2) (p), 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} (f) Being found to be a source of injury or loss to the public or detrimental to the public interest or bemg found by the departtnent to be no longer carrying on the bail bond business in good faith, [Section 648,45(3) (e), Florida Statutes] WHEREFORE, you, GREGORY MARK HUTCHINSON, arc 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 penaltics 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 ’ llorida Insurance Code. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department of l‘inancial 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 May 18 2009 10:49 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr May. 15 2863 83:39AM P14 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 nolice. 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 WATVER OF YOUR RIGHT TO: REQUEST A PROCEEDING ON THE MATTERS ALIL.EGED 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, llorida 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 Gf 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. (4) A statement of when the respondent received notice of the administrative complaint. (e) A statement including the file number to the administralive 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 May 18 2009 10:49 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr May. 15 2863 83:39AM PLS cross-cxamine 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 fecl that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. Ilowever, 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 operaie 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. 13 May 18 2009 10:49 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr May. 15 2863 16:66AM Pile DATED and SIGNED this OY WW day of _ ( Otu | , 2009, Deputy Chief Financial Officer 14 May 18 2009 10:49 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 15 2869 16:66AM P17? CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing ADMTNISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to: GREGORY MARK HUTCHINSON 156 Meadow Avenue Saint Augustine, Florida 32084; GREGORY MARK HUTCHINSON 4401 Avenue D Saint Augustine, Florida 32095-5217, by Certified Mail this “day of Anil . 2009. Ont G AUTIER KITCHEN otida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4210 Florida Bar Number 689793 15 May 18 2009 10:50 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 858457r4oer May. 15 28689 16:66AM Piss wee STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF; GREGORY MARK HUTCHINSON CASE NO.: 103572-09-AG / ELECTION OF PROCEEDING | have received and have read the Administrative Complaint filed by the Mlorida Department of Financial Services ("epartment") against me, including the Notice of Rights contained therein, and I understand my options. | am requesting disposition of this mattcr as indicaled below, (CHOOSE ONE) Lf] 1 do not dispute any of the Department's factual allegations and | do not desire a hearing, I understand that by waiving my tight to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my licenses and appointments as may be appropriate. 2. I do not dispute any of the Department's factual allegations and I hercby clect a proceeding to be conducted in accordance with Section 120.57(2), Florida Statutes, In this regard, I desire to (CHOOSE ONE): | Submit a written statement and documentary evidence in lieu of a hearing: or [] Personally attend a hearing conducted by a department hearing officer in Tallahassee, of LJ Attend that same hearing by way of a telephone conference call, 3.7] I dy dispute one or more of the Department's factual allegations. | hereby request a hearing pursuant lo Section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings, T have attached to this election form the information required by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (¢) of the Notice of Rights. Specifically, T have identified the disputed issues of material fact. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECHIPT OF THE ADMINISTRATIVE COMPLAINT, THE RESPONSE MUST BE BRCEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEU"! OF THE ADMINISTRATIVE COMPLAINT. ‘The address for filing is: General Counsel acting as Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Signature ” = Print Name Daates saean . Address: Tate Administrative Complaint Reecived: If you arc represented by an atiorney or quailfied Phone No.: _ representative, please aliach to this election form hix or her name, address, telephone and fax numbers Tax No.: . — 16

Docket for Case No: 09-002643PL