FILED NOV 1g 2015 Docketed by CHIEF FINANCIAL OFFICER JEFF ATWATER STATE OF BLORIDA. IN THE MATTER OF: ANTONIO GERREL BOYKIN CASE NO.: 178061-15-AG / ADMINISTRATIVE COMPLAINT TO: Antonio Gerrel Boykin : 2728 North Pace Blvd, Pensacola, Florida 32505 Antonio Gerrel Boykin is hereby notified that the Chief Financial Officer of the State of Florida, and the Department of Financial Services, has caused to be made an investigation of his activities in this state while licensed as a limited surety agent, as a result of which it is alleged: GENERAL ALLEGATIONS 1. At all times pertinent to the dates and occurrences referred to herein, Antonio Gerrel Boykin was licensed in this state as a limited surety (bail bond) agent, license #D012867, pursuant to chapter 648, Florida Statutes. 2. Pursuant to chapter 648, Florida Statutes, and the Florida Insurance Code, the Florida Department of Financial Services (the “Department”) has jurisdiction over bail bond agent licensing, appointment and eligibility for licensure. . 3. Antonio Gerrel Boykin owned and conducted the business of bail bonds through A B Bail Bond Services, Inc., at 2365 Centerville Road, Suite L9, Tallahassee, Florida. 4, From on or about September 24, 2012, until November 2, 2013, Antonio Gerrel Boykin solicited and executed bail bond business through Agency Bail Bonds By Sam B. Wesley Il. 5. On September 24, 2012, Lexington National Insurance Corporation (“Lexington Insurance”) appointed Antonio Gerrel Boykin. 6. On or about September 16, 2014, the Department opened an investigation based on documents provided by Sam B. Wesley II, the managing general agent for Agency Bail Bonds By Sam B. Wesley IL. Count I 7. The general allegations in paragraphs one through six of this Administrative Complaint are hereby realleged and fully incorporated herein. 8. On or about September 24, 2012, Antonio Gerrel Boykin contracted with Lexington Insurance, as follows: PREMIUMS 7. A premium accepted by the Agent for any bail bond shall be taken in the name of the Company and is due and payable on the effective date of any bail bond so written. All such premiums shall be deemed trust funds, and therefore not mingled with other funds, and shall be promptly turned over to the General Agents according to such routine as may be prescribed by the General Agents. RECORDS 9. The Agent shall keep complete records in such form as to comply with Florida Statutes, Department of Insurance regulations and in such additional form that the General Agents may indicate. 9. Between December 13, 2012, and November 2, 2013, Antonio Gerrel Boykin executed a total of sixty-nine (69) bonds on behalf of Agency Bail Bonds by Sam B. Wesely IT and Lexington Insurance. 10. Of the aforementioned bonds executed on behalf of Agency Bail Bonds by Sam B. Wesley II, Antonio Gerrel Boykin knowingly and intentionally failed to remit surety Page 2 of 11 premiums and forfeitures in the amount of seven thousand one hundred twenty ($7,120.00) dollars. 11. As of the date of the filing of this Administrative Complaint, Antonio Gerrel Boykin has failed to satisfy the outstanding balance amount of seven thousand one hundred twenty ($7,120.00) dollars. IT IS THERFORE CHARGED that Antonio Gerrel Boykin 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 license as a Florida limited surety agent: A. Section 648.295(1), Florida Statutes, which provides that all premiums, return premiums, or other funds belonging to insurers of others received by a person licensed pursuant to this chapter in transactions under her or his 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 648.45(2)(e), Florida Statutes, which provides that it is a violation for the bail bond agent to demonstrate a lack of fitness or trustworthiness to engage in the bail bond business. | Cc. Section 648.45(2)(h), Florida Statutes, which provides that it is a violation for the bail bond agent to misappropriate, convert, or unlawfully withhold moneys belonging to a surety, a principal, or others and received in the conduct of business under a license. Page 3 of 11 Count II 12. The general allegations in paragraphs one through eleven of this Administrative Complaint are hereby realleged and fully incorporated herein. 13... On or about September 16, 2014, the Department visited 2365 Centerville Road, Suite L9, Tallahassee, Florida, for the purpose of an investigation and discovered the office was not a business. 14. On or about September 24, 2014, the Department sent a request for bail bond records to Antonio Gerrel Boykin via United States mail to 2365 Centerville Road, Suite L9, Tallahassee, Florida and 2616 Mission Road, Apt. 134, Tallahassee, Florida, the mailing addresses previously provided to the Department. “15, On or about November 20, 2014, the Department contacted Antonio Gerrel Boykin concerning the Department’s investigation. Antonio Gerrel Boykin informed that _ Department that he was no longer conducting or transacting bail bond business and that his registered business address at 2365 Centerville Road, Suite L9, Tallahassee, Florida was invalid. 16. On or about November 21, 2014, Antonio Gerrel Boykin updated his business address with the Department at 2365 Centerville Road, L9, Tallahassee, Florida after previously advising the Department that the address was invalid. 17. On or about December 5, 2015, Antonio Gerrel Boykin responded to the Department’s request for bail bond records and stated via email that the requested records could not be located. IT IS THERFORE CHARGED that Antonio Gerrel Boykin has violated one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which Page 4 of 11 constitutes grounds for the suspension or revocation of your license as a Florida limited surety agent: A. Section 648.36, Florida Statutes, which provides that each licensee under chapter 648 must maintain in his or her office such records of bail bonds executed or countersigned by him or her to enable the department to obtain all necessary information concerning such bail bonds at least 3 years after the liability of the surety has been terminated. B. Section 648.421, Florida Statues, which provides that each licensee under chapter 648 shall notify in writing the department, insurer, managing general agent, and the clerk of each court in which the licensee is registered within 10 working days after a change in the licensee's principal business address or telephone number. The licensee shall also notify the department within 10 working days after a change of the name, address, ot telephone number of each agency or firm for which he or she writes bonds and any change in the licensee's name, home address, or telephone number. Cc. 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 chapter 648 or the Florida Insurance Code. D. Rule 69B-221.060, Florida Administrative Code, which provides that each licensee under chapter 648, Florida Statutes, shall notify in writing the Department of Financial Services, insurer, managing general agent and the clerks of each court in which they are registered, of a change of each business address, telephone number, or name of each agency or firm for which they write bonds within ten (10) working days of such change. Page 5 of 11 Count IIT 18. The general allegations contained in paragraphs one through seventeen of this Administrative Complaint are hereby realleged and fully incorporated herein. 19. According to the Department’s records, on or about November 21, 2014, Antonio Gerrel Boykin registered A B Bail Bond Services, Inc., with the business address of 2365 Centerville Road, L9, Tallahassee, Florida, 20. According to the Department’s records, no designated primary bail bond agent was on record for the aforementioned location. 21. Antonio Gerrel Boykin, as owner and operator of A B Bail Bond Services, Inc. failed to designate a primary bail bond agent with the Department. IT IS THERFORE CHARGED that Antonio Gerrel Boykin 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 license as a Florida limited surety agent: A. Section 648.387(1), Florida Statutes, which provides that 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. Page 6 of 11 WHEREFORE, Antonio Gerrel Boykin is hereby notified that the Chief Financial Officer, through his designee, intends to enter an Order suspending or revoking his licenses and appointments as a limited surety agent, and impose such penalties as may be provided under the provisions of the Florida Statutes and Florida Administrative Code as set forth: in this Administrative Complaint. Antonio Gerrel Boykin is further notified that any order entered in this case revoking or suspending any license or eligibility for licensure held by him shall also apply to all other licenses and eligibility held under the Florida Insurance Code. DATED and SIGNED this _/ ot day of A olembux . 2015. WW JX ap etenGd amas rane GREG THOMAS : Director, Division of Agent and Agency Services Page 7 of 11 NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department of Financial Services (the "Department") pursuant to sections 120.569 and 120.57, Florida Statutes, and Rule 28-1065, 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 Julie Jones, 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 JS 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 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'"), Page 8 of 11 (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. Tf 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 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. Page 9 of 11 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. 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: Antonio Gerrel Boykin 2728 North Pace Blvd. Pensacola, Florida 32505 by U.S. Certified Mail, restricted delivery, return receipt requested, this Lo. day of November 2015. Jétt/Baumann FL 799 FAIL 7032 7Lbs Shs Flérida Department of Financial Services Division of Legal Services 200 East Gaines St. 624-F Larson Building Tallahassee, Florida 32399-0333 (850) 413-4114 Page 10 of 11

Docket for Case No: 15-007310PL