FILED MAY 80 2012 CHIEF FINANCIAL OFFICER D locketed by On JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: SAMUEL A. DAVIS CASE NO.: 123483-12 -AG / ADMINISTRATIVE COMPLAINT TO: SAMUEL A. DAVIS 4928 Jeanie Lane Fort Myers, Florida 33905 SAMUEL A. DAVIS Liberty Bail Bonds 2438 Fowler Street Fort Myers, Florida 33901 You, SAMUEL A. DAVIS, are notified that the Chief Financial Officer of the State of Florida had cause to investigate your activities while licensed as a limited surety (bail bond) agent (2-34) in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 648, Florida Statutes, you, SAMUEL A. DAVIS, are currently licensed in this state as a limited surety (bail bond) (2-34) agent (License Number P165683). 2. At all times pertinent to the dates and occurrences referred to herein, you, SAMUEL A. DAVIS, were licensed in this state as a limited surety (bail bond) (2-34) agent. 3. Pursuant to Chapter 648, Florida Statutes, and the Florida Insurance Code, the Florida Department of Financial Services (“Department”) has jurisdiction over your bail bond Filed July 12, 2012 11:10 AM Division of Administrative Hearings agent license, appointments, and eligibility for licensure. 4. The Department’s records reflect that you were conducting bail bond business through Liberty Bail Bonds (“Liberty Bail”), 2438 Fowler Street Fort Myers, Florida 33901 at all times pertinent to the allegations in this Administrative Complaint. COUNT I 5. The above General Allegations from paragraph 1 thru 4 are re-alleged. 6. On September 28, 2010, K.C.R. was arrested and booked into the Lee County, Florida Jail. K.C.R.’s bond was set at five thousand dollars ($5,000.00). 7. K.C.R.’s brother, Mr. T.R. contacted Mary and Jimmy’s Bail Bonds to arrange for a bail bond for K.C.R. T.R. was told she would be bonded by 11:00 AM the next day. 8. On September 29, 2010, without being contacted by K.C.R. or anyone on her behalf, you, SAMUEL A. DAVIS, wrote and posted the bond for K.C.R.’s release. The bond was posted through The North River Insurance Company (North River) power number T5- 50249441. The appearance bond identified Liberty Bail Bonds at 2438 Fowler Street, Fort Myers, Florida 33901, as the bail bond agency. 9. Written information from you, SAMUEL A. DAVIS, including the appearance bond and power of attorney, were distributed to K.C.R. at the Lee County Jail by the jail staff upon her release. 10. You failed to have K.C.R. sign bond paperwork, or provide her with receipts. 11. Neither K.C.R., nor anyone on her behalf, approached you, SAMUEL A. DAVIS, or Liberty Bail Bonds, to bond K.C.R. out of jail. 12. K.C.R. was released from jail on September 29, 2010, around 9:00 AM. 13. After picking up his sister, T.R. called Mary and Jimmy’s Bail Bonds and was told that they did not post a bond. 14. T.R. noticed that the paperwork given to his sister upon her release listed Liberty Bail Bonds as the bonding agent. 15. K.C.R. heard nothing from you, SAMUEL A. DAVIS, until October 19, 2010, when she was awakened at midnight by loud banging on her front door. She did not answer the door, but when she left the next morning, one of your business cards was in the door frame, as were several cards on her boyfriend’s truck. 16.‘ T.R. contacted you, SAMUEL A. DAVIS, by telephone on October 21, 2010. T.R. asked you: “If I paid the premium would you refrain from banging on my sister’s door at midnight?” You replied: “Yes.” IT IS THEREFORE CHARGED that you, SAMUEL M. DAVIS, violated 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 a bail bond agent: a) Section 648.44 (1) (b), Florida Statutes, which provides that bail bond agents are prohibited from directly or indirectly soliciting business in or on the property or grounds of a jail, prison, or other place where prisoners are confined. The term “solicitation” includes the distribution of business cards, print advertising, or other written or oral information directed to prisoners or potential indemnitors, unless a request is initiated by the prisoner or a potential indemnitor. Permissible print advertising in the jail is strictly limited to a listing in a telephone directory and the posting of the bail bond agent's or agency's name, address, and telephone number in a designated location within the jail. b) Section 648.45 (2) (e), Florida Statutes, provides that a bail bond agent shall not demonstrate a lack of fitness or trustworthiness while engaging in the bail bond business. c) Section 648.45 (2) (j), Florida Statutes, which provides bail bond agents are to refrain from willfully failing to comply with, or willfully violating, any proper order or rule of the department, or willfully violating any provision of this chapter and the insurance code. d) Section 648.45 (3) (c), Florida Statutes, which provides bail bond agents shall refrain from violating any law relating to the business of bail bond insurance, or violation of any provision of the insurance code. e) Section 648.4425 (1) (a), (b), and (c), Florida Statutes, which provides that upon issuing a bond, the bail bond agent shall provide to the principal and , if applicable to the party rendering collateral, an informational notice which shall include: (a) A statement noting with particularity the restrictions, if any, placed on the principal as a condition of the bond; (b) A statement of the bail bond agent’s powers relating to the cancellation of the bond and recommitment of the principal; and (c) The name, address, and telephone number of the department of complaints or inquiries. COUNT II 17. The above General Allegations in paragraphs 1 thru 4 are re-alleged. 18. On or about July 27, 2011, consumer C.A.M. was arrested and booked into the Lee County Jail. C.A.M.’s bond was set at a total of thirty thousand dollars ($30,000.00). 19. Without being contacted by C.A.M.’s or anyone on her behalf, you, SAMUEL A. DAVIS, wrote and posted the bond for C.A.M. release. The bond was posted through North River power number T50-50292036. The appearance bond identified Liberty Bail Bonds, at 2438 Fowler Street Fort Myers, Florida 33901, as the bail bond agency. 20. Written information from you, SAMUEL A. DAVIS, to report to you upon release, was directed and distributed to C.A.M. on the property of the jail. 21. However, you, SAMUEL A. DAVIS, failed to have C.A.M. sign any bond paperwork, or provide her with receipts. 22. Once C.A.M. was released, she was unable to pay the premium. She signed her truck over to you to be sold, but it was released to a friend a couple of weeks later. 23. On Friday, July 29, 2011, you, SAMUEL A. DAVIS, surrendered C.A.M. to the Lee County Jail at approximately 3:00 PM. 24. Clerical Supervisor for Lee County Jail, Tammy Looper, asked you why you were surrendering C.A. M. within 24 hours of her initial release, whereupon you stated she had violated the terms of her release, but you did not enumerate what violation occurred. 25. However, according to the documents in this case, the reason for the surrender was a bond violation. The answer to the question of whether the premium will be returned was yes; however, no premium was ever collected. 26. Areview of C.A.M.’s file at Liberty Bail Bonds revealed incomplete or unsigned documents, including: Bail Bond Application Form, Collateral Receipt, Informational Notice, Agreement of Surety Bail Bond, Promissory Note, and a Car Bill of Sale. IT IS THEREFORE CHARGED that you, SAMUEL A. DAVIS, violated 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 a bail bond agent: a) Section 648.44 (1) (b), Florida Statutes, which provides that bail bond agents are prohibited from directly or indirectly soliciting business in or on the property or grounds of a jail, prison, or other place where prisoners are confined. The term “solicitation” includes the distribution of business cards, print advertising, or other written or oral information directed to prisoners, unless a request is initiated by the prisoner. Permissible print advertising in the jail is strictly limited to a listing in a telephone directory and the posting of the bail bond agent's or agency's name, address, and telephone number in a designated location within the jail. b) Section 648.45 (2) (e), Florida Statutes, provides that a bail bond agent shall not demonstrate a lack of fitness or trustworthiness while engaging in the bail bond business. c) Section 648.45 (2) (j), Florida Statutes, which provides bail bond agents are to refrain from willfully failing to comply with, or willfully violating, any proper order or rule of the department, or willfully violating any provision of this chapter or the insurance code. d) Section 648.45 (3) (c), Florida Statutes, which provides bail bond agents shall refrain from violating any law relating to the business of bail bond insurance, or violating any provision of the insurance code. e) Section 648.4425 (1) (a), (b), and (c), Florida Statutes, which provides that upon issuing a bond, the bail bond agent shall provide to the principal and , if applicable to the party rendering collateral, an informational notice which shall include: (a) A statement noting with particularity the restrictions, if any, placed on the principal as a condition of the bond; (b) A statement of the bail bond agent’s powers relating to the cancellation of the bond and recommitment of the principal; and (c) The name, address, and telephone number of the department of complaints or inquiries. f) Section 648.4425 (2), Florida Statutes, and Rule 69B-221.100, Florida Administrative Code, which provides that any bail bond agent that surrenders or recommits a defendant must provide the defendant with a form. The statement must be signed by the agent and must be attached to the surrender form with a copy provided to the defendant and a copy maintained by the agent in the defendant’s file. COUNT III 27. The above General Allegations paragraphs 1 thru 4 are re re-alleged. 28. On July 27, 2011, consumer B.B. was arrested and booked into the Lee County Jail. B.B.’s bond was thirty thousand dollars ($30,000.00). 29. __B.B. placed calls to his mother to post his bond. He was never able to reach her from the jail, and he did not make calls to anyone else to secure a bond. 30. Without being contacted by B.B. or anyone on his behalf, you, SAMUEL A. DAVIS, posted the bond for B.B. The bond was posted through North River power number T50-50292046. The appearance bond identified Liberty Bail Bonds as the bail agency. 31. Written information from you, SAMUEL A. DAVIS was distributed to B.B. on the jail property, by the jail staff, upon his release. 32. You failed to have B.B. sign bond paperwork, or provide him with receipts. 33. After his release, B.B.’s mother informed him that she would not assist him by paying the premium for his bond. 34. | When B.B. informed you, on July 29, 2011, that he had no way of getting the bond premium, you, SAMUEL A. DAVIS, surrendered him back to the Lee County Jail. 35. | When asked by Tammy Looper, Clerical Supervisor at the Lee County Jail, inquired why you, SAMUEL A. DAVIS, were surrendering B.B. before the jail had even processed the bond, you stated that he violated the terms of the bond. 36. | The bond documentation in this case states the reason for the surrender is a bond violation. The answer to the question of whether the premium will be returned is yes; however, no premium was ever collected. 37. A review of B.B.’s file at Liberty Bail Bonds by investigators showed the following records were missing: Records including a Pre-Numbered Receipt, Bail Bond Application, Collateral Receipt, Informational Notice, Agreement of Surety Bail Bond, and Promissory Note. IT IS THEREFORE CHARGED that you, SAMUEL A. DAVIS, violated several 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 a bail bond agent: a) Section 648.44 (1) (b), Florida Statutes, which provides that bail bond agents are prohibited from directly or indirectly soliciting business in or on the property or grounds of a jail, prison, or other place where prisoners are confined. The term “solicitation” includes the distribution of business cards, print advertising, or other written or oral information directed to prisoners, unless a request is initiated by the prisoner. Permissible print advertising in the jail is strictly limited to a listing in a telephone directory and the posting of the bail bond agent's or agency's name, address, and telephone number in a designated location within the jail. b) Section 648.45 (2) (e), Florida Statutes, provides that a bail bond agent shall not demonstrate a lack of fitness or trustworthiness while engaging in the bail bond business. c) Section 648.45 (2) (j), Florida Statutes, which provides bail bond agents are to refrain from willfully failing to comply with, or willfully violating any proper order or rule of the department, or willfully violating any provision of this chapter or the insurance code. d) Section 648.45 (3) (c), Florida Statutes, which provides bail bond agents shall refrain from violating any law relating to the business of bail bond insurance, or violating any provision of the insurance code. e) Section 648.4425 (1) (a), (b), and (c), Florida Statutes, which provides upon issuing a bond, the bail bond agent provide to the principal and if applicable to the party rendering collateral, an informational notice which shall include: (a) A statement noting with particularity the restrictions, if any, placed on the principal as a condition of the bond; (b) A statement of the bail bond agents powers relating to the cancellation of the bond and recommitment of the principal; and (c) The name, address, and telephone number of the department of complaints or inquires. f) Section 648.4425 (2), Florida Statutes, and Rule 69B-221.100, Florida Administrative Code, which provides that any bail bond agent that surrenders or recommits a defendant must provide the defendant with a form. The statement must be signed by the agent and must be attached to the surrender form, with a copy provided to the defendant and a copy maintained by the agent in the defendant’s file. WHEREFORE, you, SAMUEL A. DAVIS, are 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 penalties, including administrative fines and restitution, as may be provided under the provisions of Sections 648.442, 648.45, 648.49, 648.50, 648.51, 648.52, 648.53 and 648.571, Florida Statutes, and under the other referenced Sections of the Florida Statutes and the Florida Administrative Code, as set out in this Administrative Complaint. Additionally, the Department intends to enter an order to cease and desist from violation of Chapter 648, Florida Statutes. 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 DFS Agency Clerk, Julie Jones, Florida Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0390. 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. Completion of the attached Election of Proceeding form conforms to these requirements. 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 upon whom service of pleadings 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 respondent received notice of the administrative complaint. 10 (e) A statement including the file number to the administrative complaint. If a hearing is requested, you have the right to be represented by counsel or qualified representative at your expense, to present evidence, 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. ib ; DATED and SIGNED this 30"=_ day of Mou 2012. abit aan ig Gregory Thomas Director, Agent and Agency Services CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to: SAMUEL A. DAVIS 4928 Jeanie Lane Fort Myers, FL 33905 SAMUEL A. DAVIS Liberty Bail Bonds 2438 Fowler Street Fort Myers, FL 33901 : . ont by U.S. Certified Mail, restricted delivery, return receipt requested, this 30 b day of May , 2012. UL heara RRIBETH BOHANAN Florida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4215 Florida Bar Number 0236380 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: SAMUEL A. DAVIS CASE NO .:123483-12 -AG ELECTION OF PROCEEDING I have received and have read the Administrative Complaint filed by the Florida Department of Financial Services ("Department") against me, including the Notice of Rights contained therein, and I understand my options. I am requesting disposition of this matter as indicated below. (CHOOSE ONE) Lt] 3.0] I do not dispute any of the Department’s factual allegations and I do not desire a hearing. I understand that by waiving my right 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. I do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with Section 120.57(2), Florida Statutes, In this regard, I desire to (CHOOSE ONE): C] 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; or [J Attend that same hearing by way of a telephone conference call. I do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to Section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. I have attached to this election form the information required by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (c) of the Notice of Rights. Specifically, I 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 RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: DFS Agency Clerk, Julie Jones, Florida Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0390. Signature Print Name Date: Address: Date Administrative Complaint Received: If you are represented by an attorney or qualified Phone No.: Representative, please attach to this election form his or her name, address, telephone and fax numbers Fax No.: 13

Docket for Case No: 12-002383PL