Findings Of Fact Petitioner, Pat LaFratta, applied for a Bail Bond Runner's License, which application was sworn to and subscribed on the 11th day of June, 1978. Petitioner had previously, on July 9, 1976, submitted an application for professional Bail Bondsman. The Respondent, by letter from the Chief of the Bureau of Licensing, Mrs. Onez O'Neal, dated August 31, 1978, informed Mr. LaFratta that his application for Bail Bond Runner's License was denied and stated that "the investigation conducted by this Department reflects that you do not meet the qualifications as set forth in Sections 648.27(2)(4), and 648.34(2)(f), Florida Statutes." The Petitioner requested an administrative hearing. A deposition of Howard Paul Sabin, who was at the time imprisoned for bribery, was entered into the evidence without objection. The deposition was taken at the Hendry Correctional Institute in Immokalee, Florida, on December 20, 1978, by counsel for the Respondent after Respondent had denied Petitioner's application for licensure. Counsel for the Petitioner, Herb Fried, Esquire, 1461 NW 17th Avenue, Miami, Florida 33125, and the Petitioner, Pat LaFratta, were present. Sabin's testimony was that the Petitioner, whom he identified at the taking of the deposition, shared commissions in performing bail bond activities and that Petitioner acquiesced and participated in bribing a police officer. Mr. Sabin testified that Mr. LaFratta used LaFratta's apartment as an office. Telephone calls were made from the apartment to call the jail and speak to people to see if Sabin could help them make bond while only Sabin, not Mr. LaFratta, was licensed. Sabin testified that the name of the agency was AABBEE Bail Bonds and that LaFratta paid Sabin a percentage of bonds solicited by Mr. Sabin and referred to Mr. LaFratta. The time frame Sabin testified about was approximately from September of 1975, to December of 1975. The Petitioner's attorney questioned Sabin about any promises made to him for his testimony and about other bondsmen, but there were no questions or contradictions by Petitioner or his attorney as to testimony concerning the subject of this hearing. A yellow page from a Southern Bell Telephone and Telegraph Company Directory, dated 1976, was submitted into evidence in which there was an advertisement "Bail Bonds, 24-Hour Service Any Court - State, Federal, Criminal, Narcotic - Pat LaFratta, Manager - AABBEE Bail Bonds" and a telephone number. Also submitted into evidence was a copy of a business card "AABBEE Bail Bonds - Pat LaFratta - 24-Hour Service" with the same telephone number as advertised in the yellow pages of the 1976 telephone directory. It is obvious upon examination that the telephone advertisement and card were advising the public using the directory that Petitioner LaFratta was in the bail bond business. Petitioner was not then licensed. On the application for Bail Bond Runner's License of June 11, 1978, Question 14: "Have you ever been charged with or convicted of a felony?" was answered "Yes." The remainder of the question stated: "If so, complete the following and submit a full and detailed report on a separate sheet." This was answered: "1970 - Broward Cty. Ct. - Ft. Lauderdale, Fl. - Poss. Stolen Prop. - 23 counts, 1 yr. cty. jail 2-5 yrs. probation conc." Petitioner listed no other charges or convictions on the application or on a separate sheet. Respondent submitted in defense of its denial a number of exhibits which were entered into evidence as follows: Exhibit 3(a) concerns the offense of receiving stolen property and is dated October 20, 1969. The solicitor announced a Nolle Prosequi, and the Judge released Petitioner from custody. Exhibit 3(b) concerns the offense of receiving stolen property and is dated October 23, 1967. The solicitor announced a Nolle Prosequi. Petitioner was released from custody. Exhibit 3(c) concerns the offense of auto theft and is dated April 4, 1969. The solicitor announced "No Information," and the Respondent was released from custody. Exhibit 3(d) concerns the offense of uttering a forged instrument and is dated June 30, 1971. The solicitor announced a Nolle Prosequi, and the Judge released Petitioner from custody. Exhibit 3(e) concerns the offense of two counts of receiving stolen property and is dated April 5, 1971. The solicitor announced a Nolle Prosequi. The Judge released the Petitioner from custody. Exhibit 3(f) concerns the offense of receiving stolen property and is dated January 22, 1969. Petitioner was acquitted by a jury and released from custody. Exhibit 3(g) concerns the offense of receiving stolen property and is dated April 5, 1971. The solicitor announced a Nolle Prosequi, and the Judge released Petitioner from custody. Exhibit 3(h) concerns the offense of receiving or aiding in the concealment of parts of a 1968 Chevrolet Impala and is dated October 31, 1969. The State was allowed 30 days to amend because of the vagueness of the charge. Exhibit 3(i) concerns the offense of receiving stolen property and is dated April 5, 1971. The solicitor announced a Nolle Prosequi, and the Judge released Petitioner from custody. Exhibit 3(j) concerns the offense of aggravated assault and is dated October 27, 1967. The Hearing Officer finds that Petitioner was not the defendant in said case. Exhibit 3(k) concerns the offense of receiving stolen property and is dated December 13, 1968. Petitioner was acquitted by a jury and released from custody. Exhibit 3(l) concerns the offense of receiving stolen property arid is dated October 1, 1969. The Petitioner was acquitted by the court and released from custody. Exhibit 3(m) concerns the offense of receiving stolen property and is dated June 25, 1968. The Petitioner was acquitted by the court arid released from custody. Exhibit 3(n) concerns the offense of assault and battery, a misdemeanor, and is dated October 30, 1967. Exhibit 3(o) is a judgment and sentence for the crime of receiving stolen property and is dated October 5, 1971. Petitioner was placed on probation for five years. Exhibit (p) is a judgment and sentence dated April 5, 1971. Petitioner was sentenced to one year in prison and an assessment. Exhibit 3(q) concerns the violation of parole. Respondent's Exhibit 3(e), (g), (i), (o), and (p), supra, are part of a 23-count information which was submitted as Petitioner's Exhibit #6 in Case No. 70-25492, an information for Receiving Stolen property. Respondent's Exhibit 3(a), (b), (c), (d), (f), (h), (k), (l), and (m), supra, refer to felony charges of receiving stolen property, uttering a forged instrument and auto theft, which were not listed on the Petitioner's application and were not part of the 23-count information, which information concerned receiving stolen property. Exhibit 3(a), (b), (f), (k), (l), and (m), supra, concern stolen property preceding the dates of the offenses mentioned in the 23-count information. The failure to list the foregoing felony charges shows the Petitioner made material misstatements on his application. Petitioner LaFratta testified that he sent a package regarding the 23 counts mentioned in Findings of Fact No. 3, supra, with both application for Professional Bail Bondsman and for subject license to the Respondent. His testimony was not backed by evidence that he in fact sent the materials to the Respondent, which were required to have been sent at the time the application was made and listed on his application. His testimony that he had requested the clerk to "make out a whole booklet on everything that pertains to me," if true, was not adequate to truthfully answer Question 14, Findings of Fact No. 3, supra. The Hearing Officer finds that Petitioner did not furnished a full and detailed report and information as required by Question 14. It is the finding of the Hearing Officer that Petitioner did not intend to furnish the required information. Petitioner testified that he did not think that he had ever been arrested for assault, but the Respondent presented evidence showing that Petitioner had in fact been arrested for assault and battery. On subject application the Petitioner also failed to fully answer the question as to his employment history for the past five years. He failed to disclose that he had worked for Abel Bail Bonds. On the question as to his residence for the past five years, Mr. LaFratta failed to show that he had been incarcerated at Florida State Prison during that period of time. The herein mentioned 23-count information and the Restoration of Civil Rights were certified in June of 1976, and application for Professional Bail Bondsman was submitted in July of 1976. It is the finding of this Hearing Officer that these instruments were the only information submitted by the Petitioner to the Respondent as to his charges and convictions, despite his testimony. The certificate of Restoration of Civil Rights to Pat LaFratta, dated June 8, 1976, was previous to the application for Bail Bond Runner's License sworn to and subscribed by the Petitioner on June 11, 1978, and to the application for Bail Bondsman sworn to and subscribed by the Petitioner on July 9, 1976. The certificate of Restoration of Civil Rights is dated June 8, 1976, and within a few weeks thereafter Petitioner failed to truthfully answer questions under oath on his application on July 9, 1976, and failed to fully and truthfully answer the question on his application for Bail Bond Runner's License of July 11, 1978.
Recommendation Reject the application of Petitioner, Pat LaFratta, for a license as a Ball Bond Runner. DONE and ORDERED this 29th day of March, 1979, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of March, 1979. COPIES FURNISHED: Patrick F. Maroney, Esquire Florida Department of Insurance Legal Division 428-A Larson Building Tallahassee, Florida 32301 Max P. Engel, Esquire 1461 North West 17th Avenue Miami, Florida 33125
Findings Of Fact Petitioner, Barry Stephen Yanks (Yanks), has applied to respondent, Department of Insurance (Department), for examination as a bail bondsman (limited surety agent) pursuant to Chapter 648, Florida Statutes. By letter dated February 7, 1989, the Department denied Yanks' application. The gravamen of the Department's denial was its contention that on December 9, 1987, Yanks had accepted jewelry as collateral for a bail bond, and that such jewelry had not been timely returned to its owner. As a consequence, the Department concluded that Yanks had acted as a bail bondsman without being licensed as such, and that he lacked the fitness and trustworthiness to engage in the bail bond business. Yanks filed a timely petition for formal hearing to contest the Department's action. At hearing, the proof failed to demonstrate that Yanks had acted inappropriately as contended by the Department. Rather, the proof demonstrated that when Yanks accepted jewelry from Corrine Hough on December 9, 1987, as collateral for a bail bond to be written on her son, that he was acting on behalf of the attorney for American Bankers Insurance Company (American), the proposed surety. Under the arrangements made with Ms. Hough, the collateral was to be held by the attorney for American because she did not have confidence in the bondsman who was to write the bond, one Nestor Tabares, to safeguard her property. Accordingly, at the request of American's attorney, Yanks secured the collateral from Ms. Hough, gave her a receipt, and delivered the jewelry back to the attorney. After delivery of the jewelry to the attorney, Yanks had no further contact with or control over it. While there was a delay of some 10 months following the termination of the bond that was ultimately written on Ms. Hough's son before her jewelry was returned, such delay was not occasioned by or within the control of Yanks. In sum, Yanks did not act as a bail bondsman on December 9, 1987, and did not exert any control over Ms. Hough's jewelry such that he might be held accountable for any delay in its return.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered granting the application of Petitioner, Barry Stephen Yanks, for examination as a bail bondsman (limited surety agent) pursuant to Chapter 648, Florida Statutes. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 2nd day of October 1989. WILLIAM J. KENDRICK Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of October 1989. APPENDIX The proposed findings of fact submitted on behalf of Yanks have been adopted in substance in paragraphs 1-5. The purposed findings of fact submitted on behalf of the Department are addressed as follows: Subordinate or not necessary to the result reached. To the extent supported by the proof, adopted in paragraph 3, otherwise rejected. Adopted in paragraph 3. Not relevant. 5 & 6. Adopted in substance in paragraph 4. COPIES FURNISHED: Robert V. Elias, Esquire Office of Legal Services 412 Larson Building Tallahassee, Florida 32399-0300 Ana Hernandez-Yanks, Esquire 1481 N.W. 7th Street Miami, Florida 33125 The Honorable Tom Gallagher State Treasurer and Insurance Commissioner The Capitol, Plaza Level Tallahassee, Florida 32399-0300 Don Dowdell General Counsel Department of Insurance and Treasurer The Capitol, Plaza Level Tallahassee, Florida 32399-0300
Findings Of Fact Petitioner was first licensed as a ball bondsman in 1961 or 1962. In 1969 (Exhibit 2), Petitioner was charged with being incompetent and untrustworthy as a bail bondsman, found guilty and placed on one year's probation which was successfully completed. In 1973, Petitioner was again charged with conducting himself in a manner unbecoming a bail bondsman (Exhibit 3). These charges alleged failure to return the premium paid on a supersedes bond when the prisoner was not released from jail on the bond and failure to maintain his office open to the general public as required. In the Final Order issued in this case, Petitioner was fined $850 and placed on probation for two years. Upon failure of Petitioner to comply with the terms of the Final Order, his license was revoked for a period of ten months after which the revocation was set aside and his license restored. In 1979, a hearing was conducted by the undersigned Hearing Officer on charges alleging that Petitioner had failed to maintain the minimum requirement for permanent office records and failed to maintain a place of business accessible to the public and be actively engaged in the bail bond business in violation of Chapter 64B, Florida Statutes. Petitioner was found guilty as charged, and the recommendation that his license be revoked was adopted by the Commissioner of Insurance in the Final order. In 1986, Petitioner was arrested for operating a donut shop in Tampa utilizing topless waitresses in violation of Tampa Ordinance 24-11. These charges were dismissed on appeal to the circuit court (Exhibit 5). Witnesses called by Petitioner included the attorney who prosecuted the 1979 case (Exhibit 4) against Respondent; the investigator who investigated the 1979 charges for the Department, and a sitting circuit court judge who filed an appeal of the 1979 revocation order on behalf of the Petitioner At the time the charges which led to the revocation were preferred, Respondent was without power to write bonds, but still had an obligation to service bonds still outstanding. The two witnesses who testified in these proceedings on the status of a licensed bail bondsman without power to write new bonds both concurred that this places a bail bondsman in the anomalous position of one who has no need for an office to provide bail bonds for the public but who still needs to be accessible to those clients for whom he has outstanding bonds. This distinction was not clarified at the 1979 hearing. All three witnesses who testified on behalf of Petitioner were aware of nothing that would disqualify Petitioner as a bail bondsman at this time. No evidence was submitted that Petitioner was convicted of any crime involving moral turpitude, except for the admission by Petitioner that on or about August 11, 1966, he pleaded guilty to uttering a check without sufficient funds on deposit with which the check could be honored. This offense occurred more than 20 years ago and prior to Petitioner twice being found qualified for licensure by Respondent as a bail bondsman.
Findings Of Fact Russell Bruce Moncrief is licensed with Respondent as a general lines agent (2-20) and at all times here relevant was so licensed. Shortly after Respondent opened his bail bond office, he was approached by Sams who represented himself as a bounty hunter who could pick up "skips" and others the bail bondsman wanted for surrender under their bonds. Sams represented that he was a member of the Florida Assurity Association, that he so worked for several bail bondsmen and was qualified to pick up skips for bail bondsmen. Sams produced an impressive badge, business cards and arrest forms for the bondsman to sign which would authorize Sams to pick up the individuals who had skipped out on their bonds. At this time Respondent had no skips to pick up and suggested Sams contact him later; and, during the period between June and September, 1978, Sams picked up some five (5) to eight (8) individuals on whom Respondent had written a bond and returned these people to Respondent. For these services, Respondent paid Sams a percentage of the bond. This relationship with Sams terminated when the latter gave Respondent a worthless check. Subsequently, Sams learned that his "bounty hunting" was unauthorized and applied for licensure as a bail bond runner. During Petitioner's investigation of Sams' application, his association with Respondent became known and Respondent told Petitioner's agents of his relationship with Sams. This led to an investigation of Respondent and to the charges here preferred. On March 9, 14, 15 and 20, 1979, agents of Petitioner visited the office of Respondent during the morning hours and found the office closed. These times the office was visited were generally between 9:00 A.M. and 12:00 Noon. On March 9, 1979, Nelson Messimore waited at Respondent's office from 6:00 A.M. until 2:00 P.M. before the office was opened. This individual tried numerous times to call the phone number shown on a sign inside Respondent's office but received no answer. He obtained the bond desired when the office was opened. From the time he opened his bail bond office in early 1978, until he learned of the charges being investigated, Respondent had his office opened around noon by his secretary who stayed at the office until 6:00 P.M. Respondent usually arrived between 2:00 and 4:00 P.M. and kept the office open until nearly midnight. During this period he had an answering service to answer his calls 24 hours per day when the office was not open and a paging service to "beep" him when someone was trying to contact him. After learning that Petitioner's agents deemed his office hours to be in violation of Petitioner's regulations, Respondent engaged the services of another bail bondsman and had the office opened at 8:00 A.M. and it remained open during the normal working day. Respondent continued to keep the evening hours he previously used. On or about February 28, 1978, Respondent was given the jail card of Willie Frank Boone by the booking officer to use in preparing a bailbond. Boone had previously been bonded by Respondent and he was somewhat familiar with Boone's record. While the card was in his custody, Respondent thought one entry on the card was an error and interlined that item. Further perusal of the card led Respondent to realize the card had not been in error. When he returned the card to the booking officer, he told the booking officer of the changes he had made to the card. This caused considerable consternation in the booking officer and led to procedural changes to not allow custody of the jail cards to be given to bail bondsmen. The change to the jail card made by Respondent could not benefit Respondent financially or otherwise. However, the change could have affected the sentencing of the accused.
The Issue The central issue in this case is whether the Respondent committed violations as alleged in the amended administrative complaint and, if so, what penalty should be imposed.
Findings Of Fact At all times material to the allegations of this case the Respondent has been licensed as a limited surety agent. On April 10, 1995, Elsa De La Cruz went to the criminal courthouse in Miami, Dade County, Florida, and waited on the fifth floor. A male who represented himself to be Respondent approached Ms. De La Cruz and asked her if he could help her. He specifically wanted to know if she was there to bail someone out and identified himself as a bail bondsman. The male also gave Ms. De La Cruz a business card bearing Respondent's name and business location. Ms. De La Cruz left the fifth floor of the courthouse and walked to the east wing which is commonly referred to as "the jail wing." The same male was also there and again approached Ms. De La Cruz. At this time he advised her that if the bond was set at $10,000, he would need $1,000 and collateral to help her. Ms. De La Cruz left the property and returned to her office to complete the affidavit which is Petitioner's exhibit 2. Ms. De La Cruz did not initiate any of the contact between herself and the male who represented himself as Respondent. On April 11, 1995, Maggie Porto went to the criminal courthouse in Miami, Dade County, Florida, and waited on the fifth floor. A male who later identified himself as Respondent initiated contact with Ms. Porto and advised her that he was in business if she needed him. After a short while, Ms. Porto left the fifth floor and walked over to the east wing of the criminal center. Upon her arrival there, the same male handed Ms. Porto a business card. When Ms. Porto asked the male if he was the man identified on the card, the subject answered "yes." The business card represented Respondent's name. Later, Ms. Porto left the criminal center and returned to her office to complete the affidavit which is Petitioner's exhibit number 3. All contact between Ms. Porto and Respondent was initiated by the Respondent.
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That the Department of Insurance and Treasurer enter a final order revoking Respondent's license. DONE AND ENTERED this 8th day of February, 1996, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of February, 1996. APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-3032 Rulings on the proposed findings of fact submitted by Petitioner: Paragraphs 1, 4, 5 and 6 are accepted. With regard to paragraph 2, the allegation as to the time of the incident is rejected as not supported by the record or hearsay. With regard to paragraph 3, the allegation as to when the business card was delivered to Ms. De La Cruz is rejected as contrary to the weight of the record. Rulings on the proposed findings of fact submitted by Respondent: 1. None submitted. COPIES FURNISHED: Bill Nelson State Treasurer and Insurance Commissioner Department of Insurance The Capitol, Plaza Level Tallahassee, Florida 32399-0300 Dan Sumner Acting General Counsel Department of Insurance The Capitol, PL-11 Tallahassee, Florida 32399-0300 Dickson E. Kesler, Esquire Division of Agent and Agency Services 8070 Northwest 53rd Street, Suite 103 Miami, Florida 33166 Noel A. Rivera 2200 Northwest 11th Street Miami, Florida 33172 Anthony Alvarez 350 Sevilla Avenue, Suite 201 Coral Gables, Florida 33134
Findings Of Fact James L. Sponheim is licensed as a Limited Surety Agent to represent Cotton Belt Insurance Company, Inc., and was so licensed at all times relevant to this proceeding. His office is located in Dade City, Florida. (Testimony of J. Sponheim, petitioner's Exhibit 2) Respondent Bonnie L. Sponheim is qualified, but not currently licensed, as a bail bond runner. She was previously licensed as a runner, but her license was cancelled on April 3, 1980. Thereafter, she has served as a secretary in her husband's Dade City office. (Testimony of B. Sponheim, Petitioner's Exhibit l) On August 6, 1980, Stephen W. Sissitka, of Zephyrhills, Florida, made application to the Cotton Belt Insurance Company for appearance bonds B6A095951- 52 to effect his release from the custody of the Pasco County Sheriff's office. The application contained provisions as to events which would constitute a breach of the obligations under the bond, including the applicant's change from one address to another without notifying the Cotton Belt Insurance Company or its agent in writing prior to any such move. On the reverse of the application, Glenna Lilly and Spurgeon Phillips executed an indemnity agreement whereby they agreed to bind themselves to produce Sissitka in court at the required time. The application further identified Glenna Lilly as Sissitka's mother. Phillips executed a separate indemnity agreement on August 30, 1980. He is the father- in-law of Sissitka and resides in Dade City. (Testimony of J. Sponheim, S. Sissitka, Respondent's Exhibits 1,2) On August 6, 1980, Mr. Sponheim, as agent for Cotton Belt Insurance Company, issued the requested bonds in the total amount `of $2,500.00. (Testimony of J. Sponheim, Petitioner's Composite Exhibit 4) Although Sissitka had listed his address as Zephyrhills, Florida, he was living at the home of his father-in-law Spurgeon Phillips, in Dade City at the time he was released on bond. However, he was having difficulties with his wife and did not remain in Dade City on a continuous basis. On several occasions, he went over night to his mother's house in Zephyrhills, and another time he visited his wife's mother for several days in Pasco County. He did not tell Mr. Sponheim about the latter visit, nor did Phillips know where he was. In fact, he stayed only sporadically with Phillips during the period August to October, 1980, and sometimes would be gone for a week or two. Phillips complained to Mr. Sponheim about his inability to keep up with Sissitka's whereabouts, and wanted to have him returned to custody. As a result, Mr. Sponheim and Phillips had a meeting with Sissitka on October 7, 1980, at which time Mr. Sponheim reminded Sissitka of his obligations to report any changes of address or employment and imposed the requirement that Sissitka "check in" with Sponheim's office once a week. Sissitka was also told to stay at Phillips' house in the future. Sissitka agreed to follow the conditions imposed and keep Mr. Sponheim and Phillips notified of his whereabouts. (Testimony of J. Sponheim, B. Sponheim, Phillips, Harrelson, S. Sissitka, M. Sissitka, Petitioner's Exhibit 3, Stipulation) On October 15, 1980, Mrs. Sponheim discovered Sissitka was no longer employed at a restaurant in Dade City. Mr. Sponheim was out of the state at the time. Mrs. Sponheim was under the impression that Sissitka was living at Zephyrhills, and so she drove out to Phillips' house to talk to his wife in an attempt to ascertain his current situation. When she knocked on the door, Sissitka answered and told her that he had been living there. Mrs. Sponheim told him that they needed to talk. She waited in her car while he put on a shirt and some shoes, and joined her in the car. They then drove to Mr. Sponheim's office. On the way, she asked him about his job and where he was living, but Sissitka indicated that it was none of her business, that Mr. Sponheim had no control over him, and that as long as he showed up in court that was all that mattered. He asked her if he was going to jail, and she told him that was between him and Mr. Sponheim. When they arrived at the office they discussed the conditions of the bond and the arrangements which had been made at the previous meeting with Phillips and Mr. Sponheim on October 7. Sissitka told her that he was tired of being harrassed not only by her husband, but by Phillips, and that everyone was giving him a hard time, and he wanted it stopped. Mrs. Sponheim inferred from this statement that Sissitka wished to terminate the bond relationship and told him that if he wanted to "end it" he was free to go to the jail and surrender himself at any time. At that point, Sissitka said "fine, let's go" but Mrs. Sponheim told him that they needed to talk to Mr. Sponheim about it first. She went into the adjoining private office, telephoned her husband and informed him of the situation. He told her that Sissitka could either go ahead and surrender himself, or otherwise they would have to wait until he returned to the city to settle the matter. He further told her that if Sissitka wanted to turn himself in that she should make sure to get the surrender documents to the jail so that he couldn't walk out again. Mr. Sponheim made a practice of pre-signing the appropriate surrender forms for each person he bonded out at the time the bond was written; therefore, a signed surrender form had been previously prepared for Sissitka. The Pasco County Sheriff's Department requires that the surrender document be filed with that office prior to permitting an individual to surrender himself. Otherwise, the individual would be free to leave the jail because the bond would still be valid. After talking to her husband, Mrs. Sponheim informed Sissitka of the conversation and he asked to use the phone to call his mother. After he completed the call, he said "o.k. let's go." Mrs. Sponheim then filled in the date on the "off bond" form and they walked across the street to the jail. Sissitka went up to the jail door and said "here I am again" and opened the metal door and went on in. Mrs. Sponheim handed the surrender forms to the official at the booking office and said that she was coming off the bond. She then returned to her office and later that day Sissitka called her and inquired about the possibility of being bonded out again because he did not have enough money to post a cash bond. Mrs. Sponheim told him that her husband was not there and he asked if she could bond him out. She replied that she didn't have a license, but gave him the name of another bondsman. (Testimony of J. Sponheim, B. Sponheim, Kelly, Brown, Shytle, Petitioner's Exhibits 5,6)
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, as well as the stipulated facts, the following relevant facts are found: At all times relevant to this proceeding, respondent Joseph Aloysius Von Waldner has been licensed as a limited surety agent. He has been in the bail bond business for nine years and has had no previous or subsequent complaints issued against him. On five occasions during January and February of 1979, respondent did authorize, hire and remunerate Delbert Leroy Sams to pick up principals or skips and surrender them to the Orange County Jail. Delbert Leroy Sams was not and has not been previously licensed in any capacity by the Department of Insurance. On March 2, 1979, Mr. Sams was denied a license by the Department of Insurance. At the time respondent engaged the services of Mr. Sams, respondent believed that Mr. Sams was working as a bail bond runner for another bail bondsman. Respondent did not inquire of Sams as to whether Sams was or was not licensed by the Department of Insurance. Respondent knew that other bail bondsmen had used Sams as a runner, and Sams showed respondent some business cards and forms which Sams used when picking up principals. Respondent admits that he was negligent for not inquiring into Mr. Sams' licensure. Respondent was called in for an investigation by the petitioner's chief investigator, Melvin R. Thayer, on February 28, 1979. After talking with Mr. Thayer and becoming aware that Mr. Sams was not licensed, respondent no longer used Sams as a runner.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the Department of Insurance enter a final order finding that respondent violated the provisions of Florida Statutes, s648.45(1)(j) and imposing an administrative penalty against respondent in the amount of $100.00, said penalty to be paid within thirty (30) days of the date of the final order. Respectfully submitted and entered this 27th day of June, 1980, in Tallahassee, Florida. DIANE D. TREMOR Hearing Officer Division of Administrative Hearings 101 Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of June, 1980. COPIES FURNISHED: Thomas A. T. Taylor, Esquire Room 428-A, Larson Building Tallahassee, Florida 32301 Richard L. Wilson, Esquire 100 South Orange Avenue Orlando, Florida 32801 Insurance Commissioner Bill Gunter The Capitol Tallahassee, Florida 32301
