¢ ") FILED APR 27 2015 Docketed by Eu . CHIEF FINANCIAL OFFICER JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: CASE NO.: 148691-15-AG RAFAEL JOSE VAZQUEZ / ADMINISTRATIVE COMPLAINT TO: Rafael Jose Vazquez 8653 Mallard Reserve Drive #101 Tampa, Florida 33614-2338 Rafael Jose. Vazquez All About Bail Bonds Inc. 1523 W. Hillsborough Avenue Tampa, Florida 33603-1207 Rafael Jose Vazquez is hereby notified that the Department of Financial Services (hereinafter the “Department”) has investigated your bail bond insurance related activities in this state, as a result of which it is alleged that: GENERAL ALLEGATIONS 1. Rafael Jose Vazquez is currently licensed as a limited surety agent (2-34) to transact bail bond business in this state. 2. Rafael Jose Vazquez has been licensed as a limited surety agent in this state at all times pertinent to the allegations of this administrative complaint. 3. At all times pertinent to the allegations of this administrative complaint, Rafael Jose Vazquez was employed as an agent for Best Bail Bonds (“BBB”) of Florida doing business in this state out of offices in Tampa and Miami. () C) 4. According to Department records, Rafael Jose Vazquez was the primary bail bond agent for the Tampa field office of BBB at the time of the transaction described below. 5. Pursuant to section 648.295, Florida Statutes, all premiums, return premiums, or other funds belonging to insurers or received by a person licensed pursuant to chapter 648 in transactions by the licensee are trust funds received by the licensee in a fiduciary capacity, and the licensee must account for and the pay the same to the insurer, insured, or other person entitled to such funds. COUNT I 6. The above allegations are hereby realleged and fully incorporated herein. 7. On or about July 6, 2010, Glorivette Molina (Ms. Molina) approached Rafael Jose Vazquez, seeking to post bail on behalf of Yoanner Vazquez Carrillo (Mr. Carillo). 8. Rafael Jose Vazquez requested that Ms. Molina pay him $30,000.00 as cash collateral for a total $100,000.00 bond amount on behalf of Mr. Carrillo. 9. On July 9, 2010, Rafael Jose Vazquez deposited two Lexington National Insurance Company (“Lexington”) bonds in the amounts of $75,000.00 and $25,000.00 with the Lake County Circuit Court Clerk. 10. On September 20, 2010, the Lake County Circuit Court discharged the bonds. 11. As aresult, and pursuant to Rule 69B-221.110, Florida Administrative Code, Ms. Molina and Mr. Carrillo were entitled to a full refund of the $30,000.00 bail bond collateral. 12. On November 28, 2011, bail bond agent Nidia Diaz was designated the primary bail bond agent for the Tampa BBB office, thereby replacing Rafael Jose Vazquez. 13. On November 8, 2012, Ms. Molina executed an affidavit stating that she had given Rafael Jose Vazquez the cash collateral and that Rafael Jose Vazquez had given her a C) () collateral receipt and that the subject cash collateral had not been refunded to her. 14. On November 9, 2012, Lexington refunded the cash collateral to Ms. Molina upon her presenting a valid collateral receipt, whereupon Ms. Molina executed an acknowledgment of the return of $30,000.00 collateral by Lexington. 15. Rafael Jose Vazquez failed to refund the $30,000.00 collateral payment or any part thereof to the indemnitors or anyone so entitled, but rather misappropriated, converted or wrongfully withheld the $30,000.00 and retained it for his own use and benefit. 16. Rafael Jose Vazquez misappropriated, converted, or wrongfully withheld funds belonging to Ms. Molina and Mr. Carrillo that were received in a bail bond transaction under his license. Demand was made for return of the funds, but Rafael Jose Vazquez refused to do so. As a result, Ms. Molina and Mr. Carrillo suffered a financial loss. IT IS THEREFORE CHARGED that Rafael Jose Vazquez has violated one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitutes grounds for the suspension or revocation of your licenses as a bail bond agent: a) Section 648.295(1), Florida Statutes, which provides that all premiums, return premiums, or other funds belonging to insurers or others received by a person licensed pursuant to this chapter in transactions under his or her license are trust funds received by the licensee in a fiduciary capacity, and the licensee must account for and pay the same to the insurer, insured, or other person entitled to such funds. _b) Section 648.442(1), Florida Statutes, which provides that 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. c) Section 648.442(4), Florida Statutes, which provides, when the obligation of the () C) / surety on the bond or bonds has been released in writing by the court, the collateral shall be returned 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. d) Section 648.45(2)(e), Florida Statutes, which provides that it is a violation to demonstrate a lack of fitness or trustworthiness to engage in the bail bond business. e) Section 648.45(2)(g), Florida Statutes, which provides that it is a violation to engage in fraudulent or dishonest practices in the conduct of business under the license or appointment. f) Section 648.45(2)(h), Florida Statutes, which provides that it is a violation to willfully misappropriate, convert, or unlawfully withhold moneys belonging to a surety, a principal, or others and received in the conduct of business under the license. g) Section 648.45(2)(j), Florida Statutes, which provides that it is a violation to willfully fail to comply with or willfully violate any proper order or rule of the department or willfully violate any provision of this chapter or the insurance code. h) Rule 69B-221.101(5), Florida Administrative Code, which provides that a bail bond agent who has surrendered a principal and failed to properly refund the premium when required by law shall be subject to discipline as provided in Chapter 648, Florida Statutes. i) Section 648.45(2)(1), Florida Statutes, which provides that it is a violation to demonstrate a lack of good faith in carrying out contractual obligations and agreements. j) Section 648.45(3)(c), Florida Statutes, which provides that it is a violation to violate any law relating to the business of bail bond insurance or violation of any provision of the insurance code. k) Section 648.45(3)(e), Florida Statutes which provides that it is a violation to be C) () 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. 1) Section 648.571(1), Florida Statutes, which provides that a bail bond agent who has taken collateral shall, upon demand, make a written request for a discharge of the bond to be delivered to the surety or the surety's agent. A copy of the written request for discharge must be given to the indemnitor or the person making the request for the collateral, and a copy must be maintained in the agent's file. If a discharge is provided to the surety or the surety's agent pursuant to chapter 903, the collateral shall be returned to the indemnitor within 21 days after the discharge is provided. Section 648.571(4), Florida Statutes, which provides that in addition to the criminal penalties and any other penalties, provided in this chapter, the department shall impose against any person violating this section an administrative fine of five times the dollar amount of the collateral. DATED and SIGNED this ai day of foe \ , 2015. Gregory Thomas Director, Agent & Agency Services C () SY NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department “pursuant to sections 120.569 and 120.57, Florida Statutes, and chapter 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 a petition for administrative hearing are required. The request must be filed with Julie Jones, DFS Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 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. FAILURE TO ENSURE THAT YOUR WRITTEN RESPONSE IS RECEIVED BY THE DEPARTMENT 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 A FINAL 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. Specifically, your response must contain: (a) The name, address, 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, and 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) C) (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 of 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 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 an administrative law judge of the State of Florida 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 free form agency action, and no such oral communication or correspondence C) () shall operate as a valid request for an administrative proceeding. Any request for an administrative proceeding received before 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 during the time frame in which you have to request a hearing. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been furnished by Electronic Mail and or Certified Mail to: RAFAEL JOSE VAZQUEZ, 8653 Mallard Reserve Drive #101, Tampa, Florida 33614-2338; rafol778@gmail.com; Rafael Jose Vazquez, All About Bail Bonds Inc., 1523 W. Hillsborough Avenue, Tampa, Florida 33603-1207, this 27’ day of PL pei\ 2015. David J. Busch Department of Financial Services Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333 Tel.: (850) 413-4125 Attorney for the Department Fla. Bar No. 140945 FL 7159 F59L 7032 7Lb? 7970 FL 7199 9943 ?032 7447 748?

Docket for Case No: 15-004398PL