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 Upon failure of Petitioner to comply with the terms of the Final Order, his license was revoked for a period of ten months after which the revocation was set aside and his license restored.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.
The Issue Whether petitioner should take disciplinary action against respondent for the reasons alleged in the administrative complaint?
Findings Of Fact At all pertinent times, respondent Phillip Anthony Ronca has been licensed and eligible for licensure and appointment as a limited surety agent in Florida, and the parties so stipulated. He holds licenses as a limited surety agent and as a professional bail bondsman, both issued by petitioner. Petitioner's Exhibit No. 1. Respondent Ronca is the president and director of Ronca Bail Bonds, Inc., a Florida corporation transacting bail bond business from offices in Suite 12, 9719 South Dixie Highway in Miami, Florida, and has been at all pertinent times. He has no prior history of violating statutes or rules governing bail bond underwriting. On July 13, 1990, Mr. Ronca was at the Metro Dade County Jail at the corner of Northwest 12th Avenue and Northwest 14th Street in Miami, trying to locate Miguel Salamanca, whose lawyer had asked respondent to post bond, in order to accomplish his client's release. (The lawyer told him Mr. Salamanca had been arrested in the aftermath of a car wreck, but did not tell him which law enforcement agency had made the arrest or where the arrestee was being held.) Also present at the jail that day was Rina Romero (then surnamed Dillman) who, at the time, worked for a firm of private investigators retained by the "Dade County Bail Bondsmen Association to locate individuals, or bondsmen who were allegedly suspicious [sic] of soliciting business at the jail." T. 8- She had been shown respondent's photograph, and recognized him as one of seven or eight named "targets" of the investigation. Ms. Romero accosted respondent and related a tale of an apocryphal relative, purportedly confined on cocaine possession charges. In response to her specific questions, Mr. Ronca said bonds in such cases were set at $5,000 in Dade County, and that the premium for a bond in that amount was $500. He asked her questions about her putative relative, designed to ascertain the phantom detainee's whereabouts. Mr. Ronca never told Ms. Romero he was a bail bondsman, never offered to post bond for her (spurious) relative, and never requested the opportunity to do so. T. 75-76. He misrepresented no fact, and proposed no unlawful activity. At her request, as their brief conversation drew to a close, he gave Ms. Romero his business card, which proclaims "RONCA BAIL BONDS . . . Any Cost . Anytime . Anywhere." Petitioner's Exhibit No. 1. She testified she asked for the card so she could prove the fact of the encounter. T. 78, 79, 85. He testified he gave it to her only because she asked for it, and without any intention to advertise. T. 160, 161.
Recommendation It is, accordingly, recommended that petitioner dismiss the administrative complaint filed against respondent. RECOMMENDED this 27th day of January, 1992, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of January, 1992. APPENDIX TO RECOMMENDED ORDER, CASE NO. 91-2279 Petitioner's proposed recommended order did not contain proposed findings of fact. Respondent's proposed findings of fact Nos. 1, 2, 3, 7, 8, 9, 11, 12 and 15 have been adopted, in substance, insofar as material. Respondent's proposed findings of fact Nos. 4, 5, 13 and 14 pertain to immaterial matters. With respect to respondent's proposed finding of fact No. 6, the administrative complaint pleaded and respondent admitted 14th Street. With respect to respondent's proposed findings of fact Nos. 10 and 16 he never asked her for bail bonding business, or intended to violate applicable law. COPIES FURNISHED: Tom Gallagher, State Treasurer and Insurance Commissioner Department of Insurance and Treasurer The Capitol, Plaza Level Tallahassee, FL 32399-0300 Bill O'Neil, General Counsel Department of Insurance and Treasurer The Capitol, Plaza Level Tallahassee, FL 32399-0300 Donald E. Petersen, Esquire 412 Larson Building Tallahassee, FL 32399 Benedict P. Kuehne, Esquire Sonnet, Sale & Kuehne One Biscayne Tower, No. 2600 Two South Biscayne Boulevard Miami, FL 33131-1802
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 Whether Respondent violated Section 648.30(1), Florida Statutes, and if so, what penalty should be imposed.
Findings Of Fact On June 3, 1999, pursuant to Section 626.9581, Florida Statutes, the Department filed a Notice of Intent to Issue Cease and Desist Order and Assess Penalty against Respondent, alleging that he was not currently nor was he at all times relevant to the notice, licensed to transact bail bond business in the State of Florida. Respondent requested a hearing in the matter but failed to appear at the appointed time and place duly noticed for the administrative hearing in this matter. Respondent is not and was not at all times relevant to the subject matter of Petitioner's Notice of Intent to Issue Cease and Desist Order and Assess Penalty, licensed to transact bail bond business in the State of Florida. On February 6, 1998, Respondent, in the Circuit Court of Pasco County, Florida, in Case No. 9603891CFAWS, entered a plea of nolo contendere and was adjudicated guilty attempting to perform the responsibilities of a bail bondsman without a license, a first-degree misdemeanor, in violation of Section 648.30, Florida Statutes. It is a violation of Chapter 648, Florida Statutes, for an unlicensed person to act in the capacity or attempt to act in the capacity of a bail bond agent, temporary bail bond agent, or runner or perform or attempt to perform any of the functions, duties, or powers prescribed therefor.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department of Insurance and Treasurer: Enter a final order finding that Respondent engaged in a deceptive act by acting or attempting to act in the capacity of a bail bond agency. Issue a Cease and Desist Order directing Respondent to immediately cease and desist from acting or attempting to act in the capacity of a bail bond agent until or unless he is properly licensed pursuant to the provisions of Chapter 648, Florida Statutes. DONE AND ENTERED this 23rd day of November, 1999, in Tallahassee, Leon County, Florida. CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 23rd day of November, 1999. COPIES FURNISHED: Bill Nelson Commissioner of Insurance and Treasurer Department of Insurance The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300 Daniel Y. Sumner, General Counsel Department of Insurance The Capitol, Lower Level 26 Tallahassee, Florida 32399-0300 Ray Henry Anderson 13933 Muriez Avenue Hudson, Florida 34667 Dickson E. Kesler, Esquire Department of Insurance 401 Northwest Second Avenue, Suite N-321 Miami, Florida 33128
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: At all times relevant hereto, respondent, Robert Mitchell Thomas, was licensed and eligible for licensure and appointment as a limited surety agent (bail bondsman) by petitioner, Department of Insurance and Treasurer (Department). When the events herein occurred, respondent was employed as manager/agent of the Fort Myers office of Hamilton Bonding, Inc. (Hamilton). At hearing respondent represented he has been licensed as a bail bondsman for approximately fifteen years. The facts which underlie this dispute are as follows. On November 16, 1989, Debra Rahn, a resident of Cape Coral, Florida and the wife of Richard A. Rahn, had Richard arrested for possession of a controlled substance and/or narcotic paraphanelia. She did this so that Richard could be placed in a drug treatment program. His bond was thereafter set in the amount of $2500. In order to get Richard released from jail and placed in the drug program, Debra contacted respondent at Hamilton's Fort Myers office and, after conferring with respondent, agreed to enter into an indemnity agreement with Thomas wherein respondent, acting as agent for Hamilton, agreed to post a $2500 surety bond with the Lee County Sheriff's Department for the release of Richard. In return for this service, Debra paid respondent a premium in the amount of $250. In addition to paying the foregoing sum of money, Debra was asked to sign a blank security agreement, notice of lien and power of attorney, and to deliver to respondent the title to her 1983 Chevrolet Chevette. After doing so, she received a receipt for the premium and automobile title. Finally, Debra was told there would be no other fees for this service. A few weeks later, Debra decided she wanted off of the bond because Richard was not responding favorably to the drug treatment. She accordingly telephoned Thomas who offered her several alternatives. One alternative suggested by respondent was for Debra to file new charges against Richard so that he would be arrested and shown to be in violation of the terms of the bond. Acting on respondent's advice, in early January 1990 Debra filed additional unspecified charges against her husband. On January 10, 1990, Ronald W. Millette, a licensed bail bondsman who had worked for respondent on previous occasions, was told by respondent that Debra wanted off of the bond and to pick up Richard and return him to the Lee County jail. He was paid a $50 fee for this service. That evening Millette went to Debra's house and advised her to go to respondent's office because Richard might seek retribution against her. Later on that evening, Millette apprehended Richard and carried him to respondent's office. Respondent and Millette then transported Richard to the jail. It may be reasonably inferred from the evidence that on a later date, the obligation of the surety on the bond was released by the court. In accordance with Millette's instructions, Debra went to respondent's office the evening of January 10 and was told by respondent that Richard was handcuffed in the next room. Whether this statement was accurate is not of record. In any event, respondent told Debra she must pay an additional $250 pick-up fee or he would not return her automobile title. This amount was derived by taking ten percent of the original $2500 bond. Respondent requested this fee even though there is no evidence that he forfeited any portion of Richard's bond or that the court ordered any fees. Debra replied she did not have the money but would return on Saturday to pay the money due. On a later undisclosed date, Debra's Chevette was "totaled" in an automobile accident. Because of this, she claimed she was unable to promptly pay the $250 fee. Even so, respondent continued to make demands for the money. The record does not show whether the automobile title was returned to Debra although Millette believes another employee in respondent's office did so at a later date. On May 29, 1990, respondent sent Debra a letter in which he again demanded payment of the $250 fee. However, based upon advice from a Department employee, he apologized to her for calling the fee a "pick-up fee" and instead characterized the charge as a "principal's apprehension fee" for expenses incurred in having Millette place Richard in custody on January 10. The record reflects that on June 10, 1990, Debra sent respondent a $10 check as partial payment on the demand but the check was never cashed. There is no evidence that respondent's license has ever been disciplined during his lengthy tenure as a bail bondsman.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent be found guilty of violating Subsections 648.44(1)(g), 648.45(2)(d), (g), (j), (l), and 648.45(3)b) and (d), Florida Statutes (1989), and that his license be suspended for ten days and a $500 administrative fine be imposed. DONE and ENTERED this 22nd day of August, 1991, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of August, 1991.
The Issue The issue is whether Petitioner is entitled to a license as a limited surety/bail bond agent.
Findings Of Fact On July 22, 2002, Petitioner signed, under penalty of perjury, a statement declaring that his application for a license as a limited surety/bail bond agent was true. In the application, Petitioner answered "no" to the question: Have you ever been charged, convicted, found guilty, or pleaded guilty or nolo contendere (no contest) to a crime under the laws of any municipality, county, state, territory, or country, whether or not adjudication was withheld or a judgment of conviction was entered?" By Information dated February 28, 1971, the State of Florida charged Respondent with "unlawfully and feloniously break[ing] and enter[ing]" into a dwelling with the intent to commit a felony--namely, grand larceny. By Order entered October 15, 1971, the court acknowledged that Respondent had entered a plea of guilty to "breaking and entering with intent to commit a misd[demeanor]," withheld adjudication of guilt, and placed Petitioner on three years' probation. By Order entered August 15, 1974, the court terminated Petitioner's probation, noting that he had successfully completed it.
Recommendation It is RECOMMENDED that the Department of Financial Services enter a final order denying Petitioner's application for a license as a limited surety/bail bond agent. DONE AND ENTERED this 30th day of June, 2004, in Tallahassee, Leon County, Florida. S ROBERT E. MEALE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 30th day of June, 2004. COPIES FURNISHED: Honorable Tom Gallagher Chief Financial Officer Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300 Mark Casteel, General Counsel Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300 Santiago Lavan-dera Law Office of Pena and Lavan-dera 7950 Northwest 155th Street, Suite 201 Miami Lakes, Florida 33016 Eduardo Federico Godoy 969 East 29th Street Hialeah, Florida 33013 Ladasiah Jackson Division of Legal Services Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333
The Issue Whether Respondent, a bail bondsman, committed the offenses alleged in the Amended Administrative Complaint and the penalties, if any, that should be imposed.
Findings Of Fact At all times pertinent to this proceeding, Respondent was licensed by Petitioner as a limited surety and as a professional bail bondsman. Prior to November 23, 1992, Gredys Tarazona entered into an agreement for Respondent to post a bond for James Johansen. In connection with that transaction, Ms. Tarazona delivered to Respondent the sum of $200 that was to serve as collateral security for the bond. They agreed that the sum of $200 would be returned to Ms. Tarazona once the conditions of the bond had been satisfied. On November 23, 1992, the conditions of this bond were satisfied and the liability on the underlying bond was terminated. Respondent failed to return the sum of $200 to Ms. Tarazona despite demands for her to do so. Prior to August 23, 1992, Julian Maldonado purchased a bail from Respondent. In connection with that transaction, Mr. Maldonado delivered to Respondent the sum of $200 that was to serve as collateral security for the bond. They agreed that the sum of $200 would be returned to Mr. Maldonado once the conditions of the bond had been satisfied. On August 23, 1992, the conditions of this bond were satisfied and the liability on the underlying bond was terminated. Respondent failed to return the sum of $200 to Mr. Maldonado despite demands for her to do so. Prior to April 1, 1993, Faye Finley entered into an agreement for Respondent to post a bond for Michael Finley. In connection with that transaction, Ms. Finley delivered to Respondent the sum of $200 that was to serve as collateral security for the bond. They agreed that the sum of $200 would be returned to Ms. Finley once the conditions of the bond had been satisfied. On April 1, 1993, the conditions of this bond were satisfied and the liability on the underlying bond was terminated. Respondent failed to return the sum of $200 to Ms. Finley despite demands for her to do so. Prior to November 8, 1992, Robert Post purchased a bail from Respondent. In connection with that transaction, Mr. Post delivered to Respondent the sum of $150 that was to serve as collateral security for the bond. They agreed that the sum of $150 would be returned to Mr. Post once the conditions of the bond had been satisfied. On November 8, 1992, the conditions of this bond were satisfied and the liability on the underlying bond was terminated. Respondent failed to return the sum of $150 to Mr. Post despite demands for her to do so. Prior to December 10, 1992, Jo Anne Adams entered into an agreement for Respondent to post a bond for Wilfred Byam. In connection with that transaction, Ms. Adams delivered to Respondent the sum of $200 that was to serve as collateral security for the bond. They agreed that the sum of $200 would be returned to Ms. Adams once the conditions of the bond had been satisfied. On December 10, 1992, the conditions of this bond were satisfied and the liability on the underlying bond was terminated. Respondent failed to return the sum of $200 to Ms. Adams despite demands for her to do so. Prior to December 22, 1992, Shannon Davidson purchased a bail bond from Respondent. In connection with that transaction, Mr. Davidson delivered to Respondent the sum of $250 that was to serve as collateral security for the bond. They agreed that the sum of $250 would be returned to Mr. Davidson once the conditions of the bond had been satisfied. On December 22, 1992, the conditions of this bond were satisfied and the liability on the underlying bond was terminated. Respondent failed to return the sum of $250 to Mr. Davidson despite demands for her to do so. Prior to July 23, 1993, Albert Perone entered into an agreement for Respondent to post a bond for Richard Falaro. In connection with that transaction, Mr. Perone delivered to Respondent the sum of $250 that was to serve as collateral security for the bond. They agreed that the sum of $250 would be returned to Mr. Perone once the conditions of the bond had been satisfied. On July 23, 1993, the conditions of this bond were satisfied and the liability on the underlying bond was terminated. Respondent failed to return the sum of $250 to Mr. Perone despite demands for her to do so. Respondent permitted her husband, Ken Jenkins, to participate in the transaction involving the bail bond purchased by Mr. Perone for Mr. Falaro. At the time she permitted him to engage in the conduct of her bail bondsman business as part of the Perone transaction, Respondent knew or should have known that her husband's license as a bail bondsman had been revoked and that he had entered a plea of guilty to a felony charge in a criminal proceeding. On or about April 27, 1993, Respondent received payments totaling $650 for placement of a bond from Angelene G. Goulos. No bond was posted by the Respondent. Respondent failed to return any part of the sum she had received from Ms. Goulos despite demands for her to do so. Prior to November 18, 1992, Ross Rankin purchased a bail bond from Respondent. In connection with that transaction, Mr. Rankin delivered to Respondent the sum of $250 that was to serve as collateral security for the bond. They agreed that the sum of $250 would be returned to Mr. Rankin once the conditions of the bond had been satisfied. On November 18, 1992, the conditions of this bond were satisfied and the liability on the underlying bond was terminated. Respondent failed to return the sum of $250 to Mr. Rankin despite demands for her to do so. Prior to May 18, 1993, Mary Pilcher entered into an agreement for Respondent to post a bond for Hassan Niksirat. In connection with that transaction, Ms. Pilcher delivered to Respondent the sum of $200 that was to serve as collateral security for the bond. They agreed that the sum of $200 would be returned to Ms. Pilcher once the conditions of the bond had been satisfied. On May 18, 1993, the conditions of this bond were satisfied and the liability on the underlying bond was terminated. Respondent failed to return the sum of $200 to Ms. Pilcher despite demands for her to do so. Prior to March 31, 1993, Tania Rodriguez, a/k/a, Tania Cuevas entered into an agreement for Respondent to post a bond for Edwin Cuevas. In connection with that transaction, Ms. Rodriguez delivered to Respondent the sum of $400 that was to serve as collateral security for the bond. They agreed that the sum of $400 would be returned to Ms. Rodriguez once the conditions of the bond had been satisfied. On March 31, 1993, the conditions of this bond were satisfied and the liability on the underlying bond was terminated. Respondent failed to return the sum of $400 to Ms. Rodriguez despite demands for her to do so. On May 4, 1993, and May 6, 1993, Respondent permitted her husband, Ken Jenkins, to conduct bail bond business in transactions with Mary Gandy, another bail bondsman. At the time she permitted him to engage in the conduct of her bail bondsman business in transactions with Ms. Gandy, Respondent knew or should have known that her husband's license as a bail bondsman had been revoked and that he had entered a plea of guilty to a felony charge in a criminal proceeding.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner enter a final order that adopts the findings of fact and conclusions of law contained herein. It is further recommended that Petitioner revoke Respondent's existing licensure and her eligibility for licensure under the Florida Insurance Code. DONE AND ENTERED this 7th day of June, 1996, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON, 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 7th day of June, 1996. COPIES FURNISHED: Bill Tharpe, Esquire Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333 Dickson E. Kesler, Esquire Division of Agent and Agency Services 8070 N.W. 53rd Street, Suite 103 Miami, Florida 33166 Loudelle Davis Jenkins 1372 Northampton Terrace West Palm Beach, Florida 33414 Honorable Bill Nelson State Treasurer and Insurance Commissioner The Capitol, Plaza Level Tallahassee, Florida 32399-0300 Dan Sumner, General Counsel Department of Insurance and Treasurer The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300
Findings Of Fact At all pertinent times, respondent Charlie James Perry has held a limited surety agent's license, No. L000078045, originally issued by petitioner in 1989. Petitioner's Exhibit No. 1. Asked by law enforcement in Daytona Beach to serve an arrest warrant on Jacqueline Yvette Wells Brown, Investigator Gayward Franklin Hendry of the Special Prosecution Division of the Fourth Circuit's State Attorney's office made inquiries in Jacksonville about Ms. Brown. Told that Ms. Brown worked at C.J. Frazier's Bail Bonds, he and Investigator Norris of Daytona Beach visited Frazier's, respondent's place of business at all pertinent times, on February 21, 1992. An African American woman told them Ms. Brown no longer worked there. Investigator Hendry telephoned Frazier's on March 10, 1992, and spoke to Mr. Perry, telling him of the outstanding arrest warrant for Ms. Brown. Respondent Perry told Mr. Hendry he did not know where Ms. Brown was, but that he would try to find out, and he asked Mr. Hendry not to tell anybody he was helping to try to locate her. After eight to ten subsequent attempts to reach Mr. Perry by telephone had proved unavailing, Mr. Hendry next spoke to him on or about April 30, 1992, when Mr. Perry reported he had been unable to get any information about Ms. Brown's whereabouts but that he was still trying. On May 13, 1992, Mr. Hendry and fellow investigator Bob Lassiter were again told that Ms. Brown worked at Frazier's, and were given a description of the car she drove. Half past nine o'clock that morning Investigators Hendry and Lassiter saw a car fitting the description at Frazier's. Mr. Hendry telephoned Frazier's from a pay telephone nearby, and asked for Jackie. Respondent answered, "Ok, hold," or "Yes, just a minute." Then Ronella Daniels got on the line and told Mr. Hendry that Jackie was not there. Investigators Hendry and Lassiter went from the telephone booth to Frazier's, where Ms. Daniels met them at the door. Eventually respondent Perry emerged from a back office to speak to the investigators, who announced that they had come for Ms. Brown. When Mr. Perry told them Ms. Brown was not on the premises, they asked to come in and look. Aware of the arrest warrant, Mr. Perry inquired whether they also had a search warrant, and was informed that they did not. He then made a telephone call to a lawyer in the midst of which Investigators Hendry and Lassiter pushed past him and found Ms. Brown hiding in a shower stall.
Recommendation It is, accordingly, RECOMMENDED: That petitioner suspend respondent's license for ninety (90) days. DONE AND ENTERED this 15th day of October, 1993, in Tallahassee, Florida. ROBERT T. BENTON, II 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 15th day of October, 1993. APPENDIX Petitioner's proposed findings of fact, except for No. 4, have been adopted, in substance, insofar as material. With respect to petitioner's proposed finding of fact No. 4, several efforts to reach respondent by phone during that period were made, but without success till on or about April 30, 1992. COPIES FURNISHED: Tom Gallagher, State Treasurer and Insurance Commissioner Department of Insurance The Capitol, Plaza Level Tallahassee, Florida 32399-0300 Bill O'Neil, General Counsel Department of Insurance The Capitol, PL-11 Tallahassee, Florida 32399-0300 Daniel T. Gross, Esquire Joseph D. Mandt, Esquire 612 Larson Building Tallahassee, Florida 32399-0300 Charlie James Perry 2042 Moncrief Road Jacksonville, FL 32209-5775 Charlie James Perry 2180 Kingswood Road Jacksonville, FL 32207-4320
