The Issue At issue in this proceeding is whether petitioner's application for licensure by examination as a professional bail bondsman should be approved.
Findings Of Fact By application dated April 20, 1991, and filed with respondent, Department of Insurance and Treasurer (Department), on April 26, 1991, petitioner, Fatmir Frank Haxho, requested that he be licensed by examination as a professional bail bondsman. Such application was executed by petitioner, under oath, before a Notary Public of the State of Florida, and he did solemnly swear that all answers to the questions contained in the application were true and correct to the best of his knowledge and belief. Among the questions contained in the application was one designed to secure information concerning petitioner's criminal history, if any. That question, as well as petitioner's response, read as follows: Q: Have you ever been charged with or convicted of or pleaded guilty or no contest to a crime involving moral turpitude NO, or a felony NO, or a crime punishable by imprisonment of one (1) year or more under the law of any state, territory or county, whether or not a judgment or conviction has been entered? No If yes, give date(s): What was the crime:? Where and when were you charged? Did you plead guilty or nolo contendere? Were you convicted? Was adjudication withheld? Please provide a brief description of the nature of the offense charged: If there has been more than one such felony charge, provide an explanation as to each charge on an attachment. Certified copies of the information or indictment and Final Adjudication for each charge is required. Petitioner's response to such question was false. On January 29, 1987, a True Bill was filed in the Superior Court of Clayton County, Georgia, Case No. 87-CR-26344-4, which charged petitioner with the offense of trafficking in cocaine, a felony. Thereafter, on April 7, 1987, petitioner was convicted of such charge, and sentenced to a term of thirteen years and fined $100,000.00. Such conviction was, however, reversed on March 16, 1988, by the Georgia Court of Appeals, and petitioner, who had been incarcerated in the Georgia Penitentiary in the interim, was released from confinement. On April 21, 1987, while petitioner was incarcerated in Georgia, an information was filed in the Circuit Court of Dade County, Florida, Case No. 87- 9159, which charged him with having failed to redeliver a hired motor vehicle, a felony. Section 817.52(3), Florida Statutes. Upon petitioner's release from confinement and return to Miami, Florida, he was arrested on such outstanding charge. Petitioner entered a plea of nolo contendere to the charge, and on April 13, 1989, the court entered an order which withheld adjudication of guilt, sentenced petitioner to credit for time served (2 days), directed that petitioner make restitution in the amount of $1,276.00 to Hertz, and imposed costs in the sum of $225.00. 2/ At hearing, petitioner averred that he did not intend to mislead the Department by his response to the foregoing question, and sought to ascribe any fault in his response to his difficulty with written English. Notably, however, the application also required petitioner to list his residence address and record of employment for the past five years, and with respect to the period in which he was incarcerated in the Georgia Penitentiary he answered "out of country." Overall, petitioner's explanation, as well as the proof offered to support it, are not compelling. Rather the proof supports the conclusion that petitioner's failure to disclose such criminal history was not occasioned by any difficulty he may have had with written English, but by his desire to conceal such information from the Department. 3/
Recommendation Based on the foregoing findings of fact and conclusions of law, it is recommended that a final order be rendered denying petitioner's application for licensure as a professional bail bondsman. RECOMMENDED in Tallahassee, Leon County, Florida, this 21st day of May 1992. 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 21st day of May 1992.
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 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
The Issue Whether Respondent committed the offenses set forth in the Administrative Complaint and, if so, the penalty which should be imposed.
Findings Of Fact Respondent was at all times relevant hereto licensed by Petitioner in the State of Florida as a Limited Surety Agent (Bail Bondsman) and as a Life and Health Insurance Agent. On January 1, 1988, Daniel Del Sardo was arrested and incarcerated in Broward County, Florida, on charges of forgery, uttering a forged instrument, grand theft of the second degree, and possession of a stolen credit card. His bail was set in the amount of $3,100.00. On March 29, 1988, Sabastian Del Sardo (Complainant), the father of Daniel Del Sardo, and Respondent entered into an agreement for Accredited Surety & Casualty Company, Inc., for whom Respondent acted as agent and attorney in fact, to post the bail bond for Daniel Del Sardo. Complainant paid Respondent the sum of $350.00 as the premium for the bail bond and agreed to indemnify Accredited Surety & Casualty Company, Inc., the surety on the bond, in the event the surety suffered a loss on the bail bond. In addition, Complainant tendered to Respondent, as additional security, a check in the amount of $1,000.00 and the title to a 1979 Cadillac. Complainant told Respondent to hold the check until April 3, 1988, the date Complainant was scheduled to receive his social security check. On April 4, 1988, Complainant gave to Respondent the sum of $750.00 in cash in exchange for the $1,000.00 check that Respondent had been holding since March 29, 1988. The collateral security was accepted by Respondent as attorney in fact and in trust for Accredited Surety & Casualty Company, Inc. By the terms of the agreement executed by Complainant and Respondent, Complainant was entitled to a return of the collateral security within 21 days after the bail bond was discharged in writing by the court. On or about April 7, 1988, Complainant asked Respondent to take Daniel Del Sardo back into custody because Daniel had gotten back on drugs and had been stealing from Complainant and Complainant's wife. Respondent had sufficient justification to return Daniel Del Sardo to custody. While there was a verbal agreement between Complainant and Respondent that Respondent would return Daniel to custody, there was no agreement as to how, or whether, Respondent was to be compensated for doing so. Respondent incurred expenses in locating Daniel Del Sardo and in returning him to custody. Respondent and one of his employees spent over twenty hours looking for Daniel Del Sardo. When he was located, Daniel Del Sardo was high on drugs and did not go to jail peaceably. While he was in the process of taking Daniel Del Sardo back into custody, Respondent's clothing was damaged. Respondent's employee transported Daniel Del Sardo from Miami, Florida, to the Broward County, Florida, jail on April 10, 1988. On April 20, 1988, Daniel Del Sardo changed his plea from not guilty to guilty on the four counts and was sentenced to a total of four years in prison. The bond posted on behalf of Daniel Del Sardo was discharged on April 26, 1988. On April 28, 1988, Complainant asked Respondent to return the car title and the $750.00 security deposit he had given Respondent. Respondent refused to return the entire deposit and told Complainant that he was going to keep the sum of $525.00 to reimburse himself for expenses he had incurred in taking Daniel Del Sardo back into custody. Complainant did not agree that Respondent was entitled to reimbursement of expenses. Further, Complainant did not agree that $525.00 was a reasonable figure for the expenses Respondent had incurred. In response to Complainant's demand that his entire deposit be refunded, Respondent, on April 28, 1988, returned the car title and the sum of $225.00 to Complainant. Respondent kept the sum of $525.00 to reimburse himself for the expenses he incurred in returning Daniel to custody. In charging Complainant for the expenses he incurred in returning Daniel Del Sardo to custody and in deducting those expenses from the collateral security, Respondent was following a practice that has developed among those engaged in the bail bond business in Dade County, Florida. Complainant filed a complaint with Petitioner on the grounds that his entire deposit of $750.00 had not been returned, asserting that there had been no agreement that he would pay Respondent's expenses for taking Daniel back into custody. On or about June 20, 1988, one of Petitioner's investigators contacted Respondent about the complaint. On June 21, 1988, Respondent paid to Complainant the sum of $525.00, representing the balance of the security deposit he had earlier received from Complainant. On January 26, 1989, Petitioner filed an administrative complaint against Respondent based on his dealings with Sabastian Del Sardo. The administrative complaint charged Respondent with violating the following: Section 648.44(1)(g), Florida Statutes, Section 648.442(1), Florida Statutes, Section 648.442(4), Florida Statutes, Section 648.45(2)(e), Florida Statutes, Section 648.45(2)(f), Florida Statutes, and Section 648.45(2)(j), Florida Statutes. Respondent denied the allegations of the Administrative Complaint and timely requested a formal hearing. There was no evidence that Respondent has been previously disciplined by Petitioner.
Recommendation Based on the foregoing findings of fact and conclusions of law it is RECOMMENDED that Petitioner, Florida Department of Insurance, enter a final order which finds that Respondent, Gerald Carpenter, violated the provisions of Sections 648.422(1) and (4), Florida Statutes, and Section 648.45(2)(j), Florida Statutes. It is further RECOMMENDED that an administrative fine in the amount of $500.00 be levied against Respondent. DONE AND ENTERED this 6th day of October, 1989, 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 6th day of October, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NO. 89-2356 The following rulings are made on the proposed findings of fact submitted by Respondent: The proposed findings of paragraph 1 are rejected as being unnecessary to the results reached. Whether Respondent was justified in returning Daniel Del Sardo to custody is not in issue. The proposed findings of paragraph 2 are rejected as being speculation. The proposed findings of paragraph 3 are rejected as being subordinate to the findings made. The proposed findings of paragraph 4 are rejected as being conclusions of law. COPIES FURNISHED: Brian Norton, Esquire Office of Legal Services 412 Larson Building Tallahassee, Florida 32399-0300 Randolph Q. Ferguson 1644 Northwest 17th Avenue Miami, Florida 33125 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
The Issue Whether the Petitioner is entitled to the license sought.
Findings Of Fact The Petitioner, Ralph Roque, Jr., was an applicant for licensure as a temporary limited surety/bail bond agent. On January 3, 2002, the Department issued a Notice of Denial regarding Petitioner's application. The denial alleged that the Petitioner was ineligible for licensure due to his past criminal record. The Petitioner timely challenged the denial of his application but did not appear for hearing nor present any evidence to support his entitlement to the license sought. The Petitioner did not dispute the factual allegations set forth in the Notice of Denial. See Election of Rights dated January 17, 2002. On June 22, 1987, the Petitioner pled nolo contendere to Possession of a Controlled Substance. The Petitioner was placed on probation. On January 8, 1988, the Petitioner's probation was revoked and he was sentenced to six months imprisonment for the violation of probation. On July 6, 2001, the Petitioner was charged with carrying a concealed firearm. He pled nolo contendere to the charge. The allegations of Petitioner's criminal possession of a controlled substance charge constituted a felony under Florida law. The allegations of Petitioner's carrying a concealed firearm charge constituted a felony under Florida law. The Petitioner presented no evidence to support his entitlement to licensure.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Insurance and Treasurer enter a Final Order denying the Petitioner's application. DONE AND ENTERED this 25th day of July, 2002, in Tallahassee, Leon County, Florida. ___________________________________ J. D. PARRISH 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 25th day of July, 2002. COPIES FURNISHED: Honorable Tom Gallagher State Treasurer/Insurance Commissioner Department of Insurance The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0300 Mark Casteel, General Counsel Department of Insurance The Capitol, Lower Level 26 Tallahassee, Florida 32399-0307 Ladasiah Jackson, Esquire Department of Insurance 200 East Gaines Street Tallahassee, Florida 32399-0333 Ralph Roque, Jr. 11808 Southwest 125 Place Miami, Florida 33186
The Issue Whether Petitioner should be granted a temporary bail bond license with the Florida Department of Financial Services?
Findings Of Fact Petitioner applied for licensure as a temporary resident surety agent (temporary bail bond agent) on or about December 31, 2008. The Department deemed his application completed on February 5, 2009. In November 1997 in Colquitt County, Georgia, Petitioner pled guilty to a felony charge of possession of more than one ounce of marijuana. He was placed on probation for a period of six years. Pursuant to the Georgia Probation for First Time Offenders Act, there was no adjudication of guilt by the court. On November 7, 2003, Petitioner successfully completed his probation. On November 13, 2003, the Superior Court of Colquitt County issued an order entitled “Record of Discharge and Exoneration of Defendant (First-Offender Act)”. The Notice of Discharge states in pertinent part: THEREFORE, IT IS NOTED AND RECORDED that in accordance with the provisions of the Probation of First Offenders Act (OCGA 42-8- 60 et. seq.): The defendant has been discharged without court adjudication of guilt; That the discharge completely exonerates the defendant of any criminal purpose; asks: That the discharge does not affect any of said defendant’s civil rights or liberties; The defendant is not considered to have a criminal conviction; and The discharge may not be used to disqualify a person in application for employment or appointment to office in either the public or private sector. (emphasis added) Question 3 on the Individual Application for New License Have you ever been charged, convicted, found guilty, or plead guilty or nolo contendere (no contest) to a felony or 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? Yes/No Petitioner answered “no” to question 3 on the application for licensure. Question 20 on the Individual Application for New License asks: Have you ever been convicted, found guilty, or plead guilty or nolo contendere (no contest) to a felony under the laws of any municipality, county, state, territory, or country, whether or not adjudication was withheld or judgment of conviction was entered? Yes/No Petitioner responded “no” to question 20 on the Individual Application for New License. At the end of the application, just above his electronic signature, Petitioner checked a box manifesting agreement with the following declaration: Under the penalties of perjury, I declare that I have read the foregoing application for license and that the facts stated in it are true. I understand that misrepresentation of any fact required to be disclosed through this application is a violation of the Florida Insurance and Administrative Codes and may result in the denial of my application and/or the revocation of my insurance license(s). The Department’s denial letter was based on Petitioner’s criminal history, as well as an allegation of failure to disclose same. Petitioner testified at hearing that during the process of completing his application as a bail bondsman, he sought the advice of an attorney regarding his Notice of Discharge and application. Petitioner received legal advice that his answer to the aforementioned questions should be “no.” Petitioner’s testimony in this regard is found to be credible and is accepted.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That Petitioner’s application for licensure as a Temporary Resident Limited Surety Agent be granted. DONE AND ENTERED this 14th day of October, 2009, in Tallahassee, Leon County, Florida. S BARBARA J. STAROS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 14th day of October, 2009.
The Issue The issue in this case is whether the allegations of the Amended Administrative Complaint are correct and, if so, what penalty should be imposed.
Findings Of Fact Charles Bernard Smith (Respondent) was licensed as a limited surety agent (bail bond agent) by the Department of Insurance and Treasurer (Department) at all times material to this matter. On or about June 3, 1997, the Respondent entered a plea of nolo contendere to one count of larceny by embezzlement, a felony in violation of Section 648.295, Florida Statutes, in Case No. 96-1922F in the Twelfth Circuit Court, Manatee County, Florida. On or about June 3, 1997, the Respondent entered a plea of nolo contendere to one count of giving a worthless check, a felony in violation of Section 832.05(2)(a), Florida Statutes, and to one count of unlawful deposit of an item, a felony in violation of Section 832.05(3)(a), Florida Statutes, in Case No. 96-1982F in the Twelfth Circuit Court, Manatee County, Florida. Based upon the two nolo contendere pleas, the Court withheld adjudication, placed the Respondent on two years probation, ordered restitution and payment of court costs, and imposed a public service requirement of 100 hours. At the formal administrative hearing, the Respondent acknowledged the resolution of the criminal charges as set forth herein. There is no evidence that the Respondent has previously been subjected to disciplinary action by the Department.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Insurance and Treasurer enter a Final Order revoking the licensure of Charles Bernard Smith as a limited surety agent. DONE AND ORDERED this 29th day of December, 1997, in Tallahassee, Leon County, Florida. _ WILLIAM F. QUATTLEBAUM 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 Filed with the Clerk of the Division of Administrative Hearings this 29th day of December, 1997. COPIES FURNISHED: Dickson E. Kesler, Esquire Division of Legal Services 401 Northwest 2nd Avenue, Suite N-321 Miami, Florida 33128 Charles Bernard Smith 1701 4th Avenue West Palmetto, Florida 34221 Daniel Y. Sumner, General Counsel Department of Insurance and Treasurer The Capitol, Lower Level 26 Tallahassee, Florida 32399-0300 Bill Nelson State Treasurer and Insurance Commissioner The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300
