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
The Issue The issue for disposition is whether Petitioner's application for licensure as a limited surety (bail bond, type 2-34) agent should be granted.
Findings Of Fact Robin Abrahamson, 35 years old, resides in Kissimmee, Florida, and currently owns and operates a telephone answering service. After she completed the necessary educational requirements Ms. Abrahamson was issued a temporary limited surety agent license by the Department of Insurance (Agency), effective June 30, 1999 to June 30, 2000. Ms. Abrahamson was employed for approximately one year, from February 1999 until February 2000, with Central Florida Bonding, in Orlando, Florida. She had previously worked at Able Bail Bonds in Inverness, Florida. Her duties at Able Bail Bonds, and initially at Central Florida Bonding, were secretarial. Ms. Abrahamson was interested in becoming a limited surety (bail bond) agent and her employer at Central Florida Bonding, George Cox, agreed to sponsor and supervise her training. Ms. Abrahamson was not supervised or trained. Instead she was assigned to work weekends, Friday through Monday, mostly at night, with another recently-licensed agent, A.D. Miles. Ms. Abrahamson did paper work and telephone calls and was paid $200 a week, minimum wage. She was not paid on a "point" system based on the number of bonds she handled. Mr. Miles was paid a salary and "points." Because the office became very busy on weekends Mr. Miles began to rely more and more on Ms. Abrahamson to help. She was happy to do this because she thought she was learning the work. Ms. Abrahamson regularly drove from the Orlando office to Osceola County, to meet with clients and take collateral for bonds. At Mr. Mills' direction she signed his name to collateral receipts and returned to the office to complete the paperwork. Although she denies delivering bonds there is competent evidence from correctional officers at the Osceola County jail that Ms. Abrahamson would actually deliver the bonds to the jail on occasion. These same correctional officers testified that Ms. Abrahamson held herself out and introduced herself as a bail bond agent. Ms. Abrahamson explained at hearing that she regularly identified herself as a "temporary agent," for which she was properly licensed. Because the witnesses had no real understanding of the license differences, it is entirely plausible that they considered only that Ms. Abrahamson was saying she was a bail bond agent. On frequent occasions, "more than 20, less than 100," Ms. Abrahamson charged a $100 "transfer fee" for bonds that were delivered to counties other than Orange County by Central Florida Bonding. After a client complained to the Agency that Ms. Abrahamson was charging illegal transfer fees, the Agency commenced an investigation of Central Florida Bonding. When the investigator, Toby Luke, told George Cox that the fees were illegal, Central Florida Bonding and Mrs. Abrahamson stopped charging the fees in or around November 1999. Also in November 1999, Ms. Abrahamson applied to the Agency for her licensure as a limited surety agent. She was approximately one month away from completion of her six months as a temporary licensee. After the agency investigation revealed allegations that Ms. Abrahamson was holding herself out as a bail bond agent and was signing bond documents, George Cox, allegedly at the direction of the investigator, asked Ms. Abrahamson to resign in February 2000. She then terminated her employment with Central Florida Bonding. On March 22, 2000, the agency sent Ms. Abrahamson a certified letter denying her licensure as a limited surety agent. The letter described the reason for denial as her alleged violations of Chapter 648, Florida Statutes. Specifically, the letter alleged that she held herself out to be a bail bond agent and acted as a bail bond agent without proper licensure; that she illegally charged transfer fees; that she signed another bondsman's signature to bonds; and that she was currently not employed and supervised by a licensed bailbond agent as required. As described in the preliminary statement, above, that letter was the basis for this proceeding. After leaving Central Florida Bonding in February 2000, Ms. Abrahamson has provided telephone answering services and occasional secretarial work for Central Florida Bonding.
Recommendation Based on the foregoing, it is hereby RECOMMENDED: that the Department of Insurance issue its final order, denying Robin Abrahamson's application for licensure as a limited surety (bail bond) agent. DONE AND ENTERED this 30th day of October, 2000, in Tallahassee, Leon County, Florida. MARY CLARK 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 October, 2000. COPIES FURNISHED: C. Michael Magruder, Esquire 203 South Clyde Avenue Kissimmee, Florida 34741 William Fred Whitson, Esquire Department of Insurance 200 East Gaines Street 612 Larson Building Tallahassee, Florida 32399-0333 Honorable Bill Nelson Department of Insurance State Treasurer and Insurance Commissioner The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0300 Daniel Y. Sumner, General Counsel Department of Insurance The Capitol, Lower Level 26 Tallahassee, Florida
The Issue The issue to be resolved in this proceeding concerns whether the Respondent's bail bond agent's License issued by the State of Florida should be subjected to sanctions for alleged violation of certain provisions of Chapter 648, Florida Statutes, and related rules, as described in the First Amended Administrative Complaint.
Findings Of Fact The Petitioner is an agency of the State of Florida charged by statute and rule with regulating the entry to licensure, and regulating the practice, of bail bond agents such as the Respondent. The Respondent Donald Frank Shirey was, at times pertinent hereto, a licensed bail bond agent regulated by the Department. The Respondent was a corporate officer and director of Donald Shirey and Associates, Inc., located, at times pertinent hereto, at 112 East Adams Street, Jacksonville, Florida ("Associates"). It was an entity engaged in the bail bond business. The Respondent employed Robert Meyers, James Kinard and Michael Suttles as licensed bail bond agents. Count I On September 25, 1998, Darryl Gerald Irving was incarcerated in the Duval County Jail. The amount of his bond was set at $5003.00, with a premium of $500.00. On that date, the Respondent posted a bail bond for Darryl Gerald Irving. After bonding Mr. Irving out of jail, the Respondent took him to Mr. Irving's former employer, Target, to obtain a check (number 8215734), in the amount of $172.23. The check was signed over to the Respondent as partial payment for the bail bond premium. The Respondent and Mr. Irving then went to the Respondent's office were they called Mr. Irving's girlfriend, Sandra Jennings, who paid the remainder of the bond premium. Mr. Irving then completed Petitioner's Exhibit 3, at the Respondent's office. On this document he listed his address as 3273 University Boulevard, Apartment 244. The address listed on his driver's license is 3273 University Boulevard, Apartment 255. The address listed on his Target check stub is 1706 Art Museum Drive, Apartment G-11. Mr. Irving explained that he would be living at 3273 University Boulevard, Apartment 244, and that the addresses on his driver's license and check stub were prior addresses. The Respondent, however, alleged that Mr. Irving put an incorrect or non-existent address on the document (Petitioner's Exhibit 3), but he never verified that. The Respondent surrendered Mr. Irving back to the Duval County Jail, terminating his liability on the bond, on the theory that Mr. Irving had entered an incorrect address on the document, Petitioner's Exhibit 3; the address he where he would be living, instead of his driver's license address or the address appearing on the check stub from his employer. On this basis, the Respondent returned him to the Duval County Jail for incarceration and retained the $500.00 bond premium paid by Mr. Irving. From the time the Respondent bonded Mr. Irving out of jail until the time he surrendered him back to jail, Mr. Irving remained in the Respondent's custody. Mr. Irving was in handcuffs except for the time when he was completing the written bond documents. At no time was Mr. Irving free to leave the Respondent's custody. Count II On January 8, 1998, the Respondent posted a bail bond for Patrick Andrade in the amount of $3,656.00. The bond premium thereon was $365.60, which was paid by Mr. Andrade. The documents marked as Petitioner's Exhibit 6, were completed and signed by Mr. Andrade. After being bonded out of jail, the Respondent took Mr. Andrade to the Respondent's home. While there he engaged in sexual relations with Mr. Andrade. When Mr. Andrade was no longer willing to engage in sexual relations with the Respondent, the Respondent surrendered him back to jail for re-incarceration and retained the bond premium. Count III On February 14, 1998, the Respondent posted a bail bond for Patrick Andrade in the amount of $50,003.00. The bond premium was $5,003.00. Mr. Andrade paid $2,500.00, as a down payment and paid an additional $1,200.00, of the bond premium for a total of $3,700.00, before being surrendered back to jail by the Respondent. The documents marked as Petitioner's Exhibit 7 in evidence, were completed and signed by Mr. Andrade. After being bonded out of jail, Mr. Andrade was taken by the Respondent to the Respondent's home where he spent several days and engaged in sexual relations with the Respondent. On February 25, 1998, when Mr. Andrade was no longer willing to engage in sexual relations with the Respondent and wished to go home to his wife, the Respondent surrendered Mr. Andrade to the Clay County Jail for re-incarceration and again retained the bond premium. Count IV On September 24, 1998, the Respondent again posted a bond for Mr. Andrade in the amount of $1,502.00. The bond premium of $150.20 was paid by Mr. Andrade and he signed the documents in evidence as Petitioner's Exhibit 8. After being bonded out of jail, Mr. Andrade was again taken to the Respondent's home where he stayed for several days and engaged in sexual relations with the Respondent. Thereafter, when Mr. Andrade wished to go home to his wife the Respondent instead surrendered him to the Clay County Jail and retained the bond premium already paid. Count V Ms. Jeanette Alzola met with the Respondent at his office on April 7, 1999, and entered into an agreement with the Respondent to provide for the bond of Pabel Romero Martinez from incarceration in the Lee County Jail in Fort Myers, Florida. Mr. Martinez's bond was $150,000.00. Ms. Alzola paid a premium of $15,000.00, and a transfer fee of $100.00. She posted the Deed for her house and the title to her car as collateral for the bond. When Ms. Alzola met with the Respondent she explained that Mr. Martinez would be living with her at her residence. She also told the Respondent that Mr. Martinez had difficulties comprehending English and would need assistance completing the required documents. She requested that Mr. Shirey contact her when Mr. Martinez was brought to the Respondent's office so that she could function as a translator and assist him in completing the documents. On April 9, 1999, the Respondent went to the Lee County Jail and posted a bond for Mr. Martinez to remove him from the jail. He brought him back to Jacksonville, Florida. He was in handcuffs the entire time except for a short period of time when he was completing the relevant bond documents. Mr. Martinez explained to the Respondent that he would be living with Ms. Alzola. The Respondent held up Mr. Martinez's driver's license and told him to "copy this address onto there." Mr. Martinez listed an address on the application that was not Ms. Alzola' s address or the address that appears on his driver's license, but it was the address of his previous residence. The Respondent then said that he was going to surrender Mr. Martinez back to the jail "now that we have good cause that I can go by and check this address because the address is a lie." The Respondent then surrendered Mr. Martinez back to the Lee County Jail without ever releasing him from his custody and retained the $15,100.00, that had been paid by Ms. Alzola. Ms. Alzola filed a civil lawsuit against the Respondent in which she obtained a Judgment in the amount of $15,100.00. The Court therein concluded that the: Decision to return him (Martinez) to the Lee County Jail within a few hours of bringing him here without ever releasing him or turning him over to the custody of the plaintiff (Alzola) constituted a breach of their contract with the plaintiff. The acts of the defendants herein did not constitute a "release" of Mr. Martinez anymore than if they had merely transferred him from the Lee County Jail to the Duval County Jail and back. Mr. Martinez remained in the custody of at least two of the defendants' agents at all times. Nothing in the acts or statements of these agents would have indicated to a reasonable person that he was free to leave their custody. In fact, their conduct was a clear indication that Mr. Martinez was still in a custodial status. Count VI Janice Smith met with the Respondent on May 27, 1999, to arrange for a bail bond for her seventeen-year-old son Kevin Smith. Kevin Smith was incarcerated in the Duval County Jail in Jacksonville, Florida. His bond amount was $100,000.00, and the premium on that bond was $10,000.00. Ms. Smith paid $7,000.00 of the premium and entered into a premium agreement for the remaining balance of $3,000.30. Under the terms of the agreement she was to make monthly payments of no less than $300.00 until the balance was paid. The balance was due before discharge of the bond. The Respondent held the title to Ms. Smith's 1999 Chevrolet Lumina as collateral security on the loan. The Respondent told Ms. Smith that he would help her out with any problem that she might have with Kevin. On or about May 31, 1999, she called the Respondent and told him that she was concerned because Kevin was coming home after a curfew that she had set for him. On June 1, 1999, the Respondent called Ms. Smith and recommended that Kevin be surrendered back to the jail for a few days in effect, to teach him a lesson. The Respondent assured Ms. Smith that he would get Kevin out of jail at any time without incurring additional costs. She agreed to allow the Respondent to surrender Kevin back to the jail with the understanding that she could get Kevin out of jail at any time without any additional costs. On June 1, 1999, the Respondent and several of his agents arrived at Ms. Smith's home. At the time of their arrival, Kevin Smith was not at home. The Respondent went into the house with Ms. Smith and two or more of his employees positioned themselves outside the house and waited for Kevin to return home. Kevin Smith approached the house in his vehicle and noticed several cars near his house. He purportedly believed that they belonged to a neighborhood gang which he had had problems with in the past. Allegedly fearing for his safety, he turned in his vehicle and proceeded to drive away. The Respondent's agents tried unsuccessfully to block his retreat with their vehicles and then pursued him but were unable to catch him. Janice Smith then called Kevin on his cell phone to ask him why he left. He replied that he thought the individuals at the house were gang members. Ms. Smith told him that it was just the Respondent and his agents who wanted Kevin to sign some papers. Kevin thereupon went home and attempted to shake the Respondent's hand whereupon the Respondent handcuffed and shackled him and took him back to his office. The Respondent later surrendered him to the Duval County Jail. A few days later, Janice Smith contacted the Respondent and requested that he bond Kevin back out of jail. The Respondent said he would not bond Kevin out of jail until Janice Smith provided proof that Kevin's car had been placed in storage. Ms. Smith put the car in storage and brought the receipt to the Respondent's office. The Respondent still would not bond Kevin out of jail. Ms. Smith went to the Respondent's office on numerous occasions and he refused to meet with her. Ms. Smith made several telephone calls to the Respondent but he would not take or return her calls. After several days had passed, one of the Respondent's employees told Ms. Smith that the Respondent would not bond Kevin out of jail and would not refund the premium payments. In June 1999, when Ms. Smith attempted to purchase a tag for her 1999 Chevrolet Lumina, she learned that the Respondent had transferred the vehicle to his name. The Respondent claimed that that action was taken pursuant to the terms of the premium agreement. However, the Respondent never notified Ms. Smith that the balance was due in full, or of his intent to transfer title of the vehicle to his name. Ms. Smith paid the Respondent the $3,000.00 balance so that the Respondent would release the title to her vehicle, which he did. Ms. Smith paid a total of $10,000.00, as a bail bond premium to the Respondent. The Respondent surrendered Kevin back to the jail but refused to bond him back out of jail as he had previously agreed and he also refused to refund the premium to Ms. Smith.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses and the pleadings and arguments of the parties, it is, therefore, RECOMMENDED that a final order be entered by the Department of Insurance revoking the Respondent's license and eligibility for licensure as a bail bond agent, and that the Respondent be found ineligible to apply for licensure with the Department for a minimum period of two years and not until such time as restitution is made to Darryl Irving in the amount of $500.00, Patrick Andrade in the amount of $4,215.80, Jeannett Alzola in the amount of $15,100.00 and Janice Smith in the amount of $10,0003.00. DONE AND ENTERED this 21st day of October, 2002, in Tallahassee, Leon County, Florida. P. MICHAEL RUFF 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 Clerk of the Division of Administrative Hearings this 21st day of October, 2002. COPIES FURNISHED: Richard J. Santurri, Esquire Department of Insurance Division of Legal Services 200 East Gaines Street Tallahassee, Florida 32399-0333 Donald Frank Shirey, Jr. 5337 107th Street Jacksonville, Florida 32244 Honorable Tom Gallagher State Treasurer/Insurance Commissioner 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
The Issue The issue for determination is whether Respondent violated Subsections 648.44(8)(a), 648.44(8)(b), 648.45(2), 648.45(2)(e), 648.45(2)(j), 648.45(2)(k), 648.45(3), 648.45(3)(c), 648.45(3)(e), 648.30(1), 648.30(2), 648.30(3), and 648.30(4), Florida Statutes.
Findings Of Fact Pursuant to Chapter 648, the Department has jurisdiction over bail bond licensure, appointments, and related activities. Respondent, Pamela Jean Coleman, appeared before the undersigned in this proceeding, identified herself as Pamela Jean Coleman, and admitted that she is the Respondent in this matter and that the Department has jurisdiction over her and the subject matter involved in the Notice of Intent. At all times relevant to the dates and occurrences referred to in the Notice of Intent, Respondent was also known as Deborah Lee Diehl, Pamela Jean Jones, Pamela Jones, Pamela Coleman, Pam Jones, and Pamela J. Coleman. At all times relevant to the dates and occurrences referred to in the Notice of Intent, Respondent was not licensed as a bail bond agent in the State of Florida. On March 28, 1975, in Case Number 75-239CF, in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida (Criminal Division), Respondent pled guilty and was adjudged guilty of buying or receiving or aiding in concealment of stolen property, a felony (a crime of moral turpitude). On October 22, 1975, in Case Number 75-2390CF, Fifteenth Judicial Circuit in and for Palm Beach County, Florida (Criminal Division), Respondent, a/k/a Deborah Lee Diehl, pled guilty and was adjudged guilty of the felony of violation of drug abuse law. Records of the State of Florida Department of Law Enforcement (FDLE) show that the conviction set forth in paragraph 6 above included convictions on March 28, 1975, and July 17, 1975, for parole violation. At the final hearing counsel for Respondent stated: Mr. Franklin: . . . I don't think there is any dispute as to those underlying facts about what happened in 1975 -- Ms. Coleman: Correct. Mr. Franklin: -- and what happened subsequent. And the subsequent event was that Ms. Coleman was -- received the grace of executive clemency. She did receive a limited restoration of civil rights that granted to her the restoration of all of her civil rights with the exception of a specific statutory authority to own or possess a firearm, at least as to all of the '75 convictions. . . . By Executive Order Number 80-C-0 filed with the Florida Secretary of State on March 7, 1980, Respondent was granted restoration of civil rights, except to specific authority for possession or owning a firearm, for any and all felony convictions in the State of Florida and/or restoration of civil rights in the State of Florida for any and all felony convictions in any state other than Florida, or in any United States court or military court for which this person has been duly discharged from imprisonment and/or parole, adult community control or probation, and for which this person has not been heretofore granted clemency. This grant of clemency included, but was not limited to, Case Nos. 75-239CF and 75-2390CF, in the Fifteenth Judicial Circuit in and for Palm Beach, Florida. On April 16, 1991, in Case Number CF91-1923AI-XX, Tenth Judicial Circuit in and for Polk County, Florida, Respondent, a/k/a Pamela Jean Jones, was charged with grand thief. On or about November 25, 1991, Respondent pled nolo contendere to the reduced charge of petit theft and was found guilty and convicted of petit theft.1 Petit theft is a first-degree misdemeanor, which constitutes a crime of moral turpitude. Record of the Delaware Secretary of State, dated May 5, 1997, confirmed that the Clarence Luther Cephas, Ltd., Inc. (Cephas Bail Bond Agency) was duly incorporated under the laws of the State of Delaware, was in good standing, and had a legal corporate existence as of May 5, 1997. Record of the Florida Secretary of State, Application for Reinstatement, confirmed that the Cephas Bail Bond Agency applied as a corporation qualified to do bail bond business in Florida and was reinstated to do bail bond business as of January 19, 1999. The Cephas Bail Bond Agency's application listed Pamela J. Coleman, 2353 Mammoth Grove Road, Lake Wales, Florida, as its president, secretary, director, and registered agent. The application dated October 26, 2000, bore the signature of Respondent and listed her telephone number as (863) 533-0405. Two Uniform Business Reports (UBR) of the Cephas Bail Bond Agency were filed with the Florida Secretary of State on August 6, 2001, and March 29, 2002. Both reports bore the signature of Respondent as President of the Cephas Bail Bond Agency. Testimony of Petitioner's witnesses conclusively established, without dispute, that Respondent participated in the bail bond business of the Cephas Bail Bond Agency during the approximate period of March 1997 to November 27, 2002. During that span of time, Respondent did on various occasions act and represent herself to the public as one having power to act in several capacities and positions with the Cephas Bail Bond Agency. Her activities included acting as a registered agent, a director, a bail bond agent, a temporary bail bond agent, a runner, a bail enforcement agent, and a bounty hunter. Clarence Luther Cephas, Sr., under oath on November 27, 2002, gave the following statement: I have known Pamela Coleman/Jones for approximately four years and she has been affiliated with me for most of the time that I have been in the bail bond business. I had asked her if she had ever been convicted of a felony and she said that she had been convicted as a teenager. She has a Certificate of Restoration of Civil Rights from the Office of Executive Clemency that is dated March 7, 1980. I was under the impression that if her rights had been restored, that it would not be a problem with her working for me. I named Pamela as an officer in my corporation because I did not have any family that I could list as an officer except for my daughter, who is a deputy sheriff and could not be an officer of the corporation. Records of the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida, show that on or about December 16, 2002, an Amended Information was filed in Case No. CF02-00597A-XX, State of Florida vs. Pamela Jean Coleman, W/F, 09/17/1958, XXX-XX-9751, charging that between November 27, 2000, and January 25, 2002, in Polk County, Florida, Respondent, having been convicted of or pled guilty or no contest to a felony or a crime involving moral turpitude or a crime punishable by imprisonment of one year or more under the law of any state, territory, or county, regardless of whether adjudication of guilt was withheld, did participate as a director, officer, manager, or employee of a bail bond agency or office thereof, or exercise direct or indirect control in any manner in such agency or office, or own shares in a closely held corporation which had an interest in a bail bond business, contrary to Section 684.44. The testimonial and documentary evidence clearly and convincingly, during the period of November 2000 through December 2001, identified Respondent as the person who, on various occasions, did act in several capacities and positions as a bail bond agent and performed functions, duties, or powers prescribed for licensed bail bond agents. Undisputed evidence identified Respondent as the person who, early in 2001, presented herself to another and engaged in conduction and solicitation of bail bond business in the office of the Cephas Bail Bond Agency. Undisputed evidence identified Respondent as the person who, on June 19, 2001, presented herself and identified herself as Pamela Jean Coleman, Vice-President of Clarence Cephas Bail Bonds, to Noel Collier who was working in her husband's law office as a paralegal. Respondent presented to Ms. Collier bond release paperwork from the Cephas Bail Bond Agency and requested that a mutual client facing criminal charges sign the paperwork. Undisputed evidence demonstrated that on or about September 2001, Respondent held herself out as the person with whom to conduct bail bond business with Constance Castro in or about the home of Clarence Luther Cephas, Sr., that served also as the Cephas Bail Bond Agency office. The records of Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida, show that on or about January 31, 2003, in criminal Case No. CF02-00597A-XX, Respondent (a/k/a Deborah Lee Diehl, a/k/a Pamela Jean Jones, a/k/a Pamela Jones, a/k/a Pamela Coleman, a/k/a Pam Jones, and a/k/a Pamela J. Coleman) was tried, found guilty, and adjudicated guilty of a violation of Subsection 648.44(8), acting as a bail bondsman while being a convicted felon, a felony of the third degree, as charged in the aforesaid Amended Information. Respondent was sentenced by the court to 60 days in county jail (to be served on weekends) and placed on probation for a period of five years. The conditions of Respondent's probation required her to: (1) Pay restitution in the amount of $457.99 to the Department of Insurance within two years; (2) pay court costs of $400.00 within two years; and (3) not to be employed as a bail bondsman or to have any contact with her husband's (Clarence Luther Cephas, Sr.) business. Counsel for Respondent represented on this record that: (1) he was counsel of record in Case No. CF02-00597A-XX and that Respondent, in this proceeding, was the person charged, tried, convicted, and adjudicated guilty; and (2) he has filed a timely appeal of the conviction and sentence on behalf of Respondent in Case No. CF02-00597A-XX, in the Second District Court of Appeal.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order as follows: Finding that Respondent, Pamela Jean Coleman, is disqualified from participation in bail bond-related activities by a prior conviction of a crime involving moral turpitude; and that Respondent is guilty of participating in the bail bond business, in violation of Subsections 648.30(1) through (3); 648.44(8)(a); 648.45(2)(e), (j), and (k); and 648.45(3)(a), (c), and (e). Enter a Cease and Desist Order pursuant to Section 626.9581 and the Florida Insurance Code, directing Respondent, Pamela Jean Coleman, to immediately cease and desist any and all bail bond-related activities in the State of Florida. DONE AND ENTERED this 17th day of October, 2003, in Tallahassee, Leon County, Florida. S FRED L. BUCKINE 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 17th day of October, 2003.
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
The Issue Did Respondent knowingly permit a person who had been convicted of or who had pled guilty or no contest to a felony or a crime involving moral turpitude or a crime punishable by imprisonment of one year or more under law of any state, territory or country, regardless of whether adjudication of guilt was withheld, to engage in the bail bond business as an employee of Respondent's bail bond agency? If yes, should Respondent have her limited surety agent license disciplined?
Findings Of Fact At all relevant times Respondent was licensed by Petitioner as a limited surety agent, license no. 224404483. Petitioner has regulatory jurisdiction over that license. For that reason Petitioner may impose discipline should Respondent violate laws pertaining to Respondent's activities associated with the license. Respondent is President and Director of Crews Bonding Agency, Inc., 24 North Liberty Street, Jacksonville, Florida 32222, through which business she performs insurance-related activities concerning bail bonds. Crews Bonding Agency, Inc. was incorporated in Florida on March 31, 1988. The corporation is organized for the purpose of transacting any or all lawful business. The corporation provides bail bonds at the Liberty Street premises. The corporation also runs a parking lot concession at that location. Both businesses were operated at times relevant to the inquiry. On August 28, 1995, Star Legal Research, Inc. was incorporated to operate at 350 East Forsyth Street, Jacksonville, Florida 32202. That street address is the street adjacent to the Liberty Street address. The Star Legal Research business works out of the same building that Crews Bonding Agency uses. The difference being that the entrance to Crews Bonding Agency is on Liberty Street and the Star Legal Research entrance is on Forsyth Street. A 1995-96 occupational license was issued to Star Legal Research c/o Jack I. Etheridge, Jr., Respondent's son, for the period October 1, 1995 to September 30, 1996. Jack I. Etheridge, Jr. owns Star Legal Research. Jack I. Etheridge, Jr. stated that the purpose for incorporating Star Legal Research was to provide work for Jack I. Etheridge, his father and Respondent's husband, in a setting in which Mr. Jack Etheridge, Jr. contends would be unassociated with Crews Bonding Agency. The attempt to disassociate Mr. Jack Etheridge from Crews Bonding Agency will be subsequently explained. When the hearing was convened Jack I. Etheridge had been working in an office in the building where Crews Bonding Agency has its business. That employment was under the guise of Star Legal Research. The office where Jack I. Etheridge works in the building is separated from the office associated with Crews Bonding Agency by a door. Jack I. Etheridge uses a separate entrance into the office where he works. That entrance is from Forsyth Street rather than the Bonding agency entrance from Liberty Street. The business done by Star Legal Research, according to Jack Etheridge, Jr., is one where "you can research any type of legal matters . . . that's pretty much it". Again, Jack Etheridge, Jr. states that his father, Jack Etheridge, ". . . researches legal, you know, business". Under this arrangement, Jack Etheridge is supposedly no longer affiliated with the Crews Bonding Agency in operating its parking lot or otherwise. From the record, it is unclear exactly what is meant by Jack Etheridge's performance of legal research. At present, the bail bond business is done in the front office to the building that houses Crews Bonding Agency and Star Legal Research. That office faces Liberty Street. In addition to the office where bail bond activities are conducted and the back office which faces Forsyth Street, where Star Legal Research is housed, there is a kitchen in the building. That constitutes the rooms in that building. Contrary to the claim by his son that Jack Etheridge is no longer affiliated with Crews Bonding Agency, Respondent identified that the present circumstances are such that Jack Etheridge helps with the Crews Bonding Agency parking lot business "if he sees a car and I don't, he will go there . . .". Respondent identified that she principally handles the parking lot when she is there at the business premises, but that on one occasion, she was in the hospital and was not available to do that work. Further, she stated that her physician did not really want her "running back and forth to the parking lot". Respondent intends to transfer the parking lot business from Crews Bonding Agency to Star Legal Research by January 1997. At one time, Jack Etheridge had been licensed by Petitioner as an insurance agent entitled to participate in bail bond activities. Prior to the passage of Section 648.44(3), Florida Statutes (1983), he had been convicted of a felony in Florida. Section 648.44(3), Florida Statutes (1983), stated: No person who has been convicted of or who has pleaded guilty or no contest to any felony, regardless of whether adjudication of guilt was withheld, may participate as a director, officer, manager, or employee of any bail bond agency or office thereof or own shares in any closely held corporation which has any interest in any bail bond business. Having a concern that Section 648.44(3), Florida Statutes (1983), might disqualify him from continuing to act as an insurance agent in the bail bond business, Jack Etheridge brought suit in the Circuit Court, Fourth Judicial Circuit, In and For Duval County, Florida, Case No. 82-10537CA, Division K. Petitioner was named defendant in that suit. As a result, an order was entered stating: The provisions of Florida Statutes 648.44(3), Fla. Stat. (1983), or its successor(s) do not and cannot be determined to effect the status of plaintiff, Jack I. Etheridge, in his individual capacity as an officer and director of F.G.C. Bonding Insurance Corporation nor his ability to continue to maintain stock ownership of shares of F.G.C. Bonding Insurance Corporation. The provisions of this paragraph shall serve as notice to all interested parties that said statute does not apply to Jack I. Etheridge, individually, nor in his capacity as an officer, director and stockholder in F.G.C. Bonding Insurance Corporation. Subsequently, in a case in the United States District Court, Middle District of Louisiana, Case No. CR.89-40-A-M1, Jack Etheridge pled guilty and was found guilty and convicted of the offense of mail fraud, in accordance with 18 U.S.C. 1341-2. For this offense, he was imprisoned for a period of five years and ordered to make restitution in the amount of $237,393.83. The sentence was imposed on April 6, 1990. At that time, Jack Etheridge was not licensed by Petitioner. Respondent had separated from Mr. Jack Etheridge in 1986. She was reunited with her husband in 1989. Respondent was aware that her husband had been convicted in Florida in state court, the offense for which he sought relief in Circuit Court Case No. 82-10537CA, Division K, and that he had committed the federal offense in Case No. CR.89-40-A-M1. In August or September, 1992, federal probation officers came to the Crews Bonding Agency and spoke to Respondent about her husband's pending release from federal prison. In particular, those persons indicated that Mr. Jack Etheridge was going to be released in December of 1992. In this conversation, the probation officers told Respondent that they expected the husband to work for Crews Bonding Agency in a capacity that did not involve the handling of bail. Respondent told them that her husband could not work at the agency because she did not wish to jeopardize her Florida insurance license and livelihood. This is taken to mean that she was concerned about having a convicted felon working for her at the bail bond agency. In the conversation with the probation officers, Respondent was persuaded that the probation officers had the authority to place her husband with the bail bond agency to give the husband employment in some capacity, other than dealing with bail bond activities. The probation officers did not indicate the specific authority for requiring this placement. Respondent replied to the probation officers that her husband could run the parking lot and clean up. In offering that arrangement, Respondent operated on the assumption that the probation officers were familiar with the requirements in the Florida Insurance Regulations and Statutes. In the conversation between Respondent and the federal probation officers, Respondent made no mention of the ruling in the Circuit Court Case No. 82-10537CA, Division K, concerning her husband's exemption from Section 648.44(3), Florida Statutes (1983), and its effects, or any subsequent law. After the conversation with the probation officers, and prior to her husband's release from prison, Respondent sought advice of counsel concerning the propriety of having her husband employed by Crews Bonding Agency. Robert Persons, Esquire is corporate counsel for Crews Bonding Agency. He incorporated the business. He has done work for the business as corporate counsel, beginning in 1988. He was aware that Mr. Jack Etheridge had been incarcerated in the federal corrections system. Before Mr. Jack Etheridge was released, Mr. Persons reviewed the previously-quoted language in Circuit Court Case No. 82-10537CA, Division K, in response to Respondent's request for legal advice. Respondent had told Mr. Persons that it was possible that she was going to hire her husband to run the parking lot for the Crews Bonding Agency. She wanted to know if there would be a problem with Petitioner's statutes that prohibited a bonding agency from operating with a felon working for it. Specifically, Respondent asked Mr. Persons if her husband could work in the parking lot. Mr. Persons told Respondent that his interpretation of the order was that the statutory prohibition against felons working for a bonding agency did not apply to her husband. For that reason, he did not believe that there would be a problem having the husband work at the parking lot. Moreover, he told Respondent that he did not believe that it presented a problem, in that the activities by the husband, when running the parking lot business, did not involve employment with the bail bonding operation. When he gave this advice, Mr. Persons was familiar with the parking lot concessions operation, having used the parking lot himself. He was also familiar with the bail bond business conducted by Crews Bonding Agency. John Gary Baker, Esquire was retained to assist Mr. Jack Etheridge in meeting the terms of the federal parole granted the client. This included correspondence with the probation office in an attempt to obtain early release. Once Mr. Jack Etheridge was released, Mr. Baker went with the client and spoke to probation officer, Diane Thomas. This conversation took place sometime in late August or early September, 1993. Ms. Thomas told Mr. Baker and Mr. Etheridge that Mr. Etheridge needed to obtain a job as a means to meet requirements for restitution. In this conversation, Ms. Thomas inquired concerning Respondent's income in an attempt to determine the amount that Mr. Etheridge should pay in the way of restitution. Mr. Baker tried to impress Ms. Thomas with the fact that Respondent's income and business were separate from Mr. Etheridge's circumstance. In the conversation, Mr. Etheridge told Ms. Thomas that he wished to be a bus driver. That was his profession prior to being involved in the insurance business in Louisiana, which led to his incarceration. Ms. Thomas would not agree to that arrangement. She indicated that Mr. Etheridge had to be located in a place where the probation officers could come and see him at anytime, day or night. Ms. Thomas asked the question about whether Mr. Etheridge could work for his wife at Crews Bonding Agency, and Mr. Etheridge stated that he did not wish to work for his wife. Ms. Thomas responded to these remarks by saying that she had an order that indicated that Mr. Etheridge could work at the Crews Bonding Agency. This refers to the Circuit Court Case No. 82-10537CA, Division K. Ms. Thomas further told Mr. Etheridge that Mr. Etheridge needed to work at Crews Bonding Agency. Before the date upon which the meeting was held with Ms. Thomas, Mr. Baker had not been acquainted with the circuit court order. When Mr. Baker and Mr. Etheridge left the meeting with Ms. Thomas, they went to the Crews Bonding Agency office; and Mr. Etheridge produced a copy of the circuit court order. Respondent was there at that time. Mr. Baker reviewed the order and expressed an opinion to Respondent and her husband that the husband could work at Crews Bonding Agency in any capacity, other than giving out forms or advice about bail bonds. At that point, there was conversation about the husband running the parking lot. That arrangement was one which Mr. Baker stated would be acceptable and would satisfy the terms of Mr. Etheridge's probation. Moreover, Mr. Baker offered the advice that the circuit court order would allow the husband to attend to clerical matters, such as answering the telephones. David R. Fletcher, Esquire was acquainted with Respondent. Mr. Fletcher was aware that Jack Etheridge had been incarcerated in a federal facility. Mr. Fletcher was approached by Respondent, who asked Mr. Fletcher about the Circuit Court Case No. 82-10537CA, Division K, and the meaning of the order. In particular, Respondent made Mr. Fletcher aware that she was concerned about the federal probation office's instructions or the condition upon which Mr. Etheridge's probation would be served as an employee at Crews Bonding Agency. Respondent told Mr. Fletcher that she was concerned that this would create a problem because of the husband's prior record, taken to mean felony record. When Mr. Fletcher read the order, he expressed the opinion that the husband was exempt from the disqualifying provisions for felons working in a bail bond agency. At the time the conversation was held between Mr. Fletcher and Respondent concerning the husband's status as a felon, Mr. Fletcher understood that the husband would be returning from incarceration and working at the bail bond agency as a parking lot attendant. Respondent relied upon advice of counsel in deciding to allow her husband to work at the bail bond agency as a parking lot attendant. As contemplated by the instructions which the probation officers gave Mr. Jack Etheridge, he took employment at the Crews Bonding Agency. His duties included running the parking lot, vacuuming the building where the bond agency was located, and answering the telephone at the bail bond agency. When he would answer the telephone, Respondent noted that Jack Etheridge would state that he was not a bail bond agent and that the person who was calling would need to speak to the "bonds man". At times, Respondent received calls that had been patched through from the bail bond agency to another location, through efforts by Jack Etheridge. Respondent is aware that her husband took messages for the bail bond agency, as well. Respondent observed that Jack Etheridge principally stayed in the back office, which fronts Forsyth Street, when he worked for the Crews Bonding Agency as parking lot attendant. Specific remarks made by Jack Etheridge in receiving calls for the bonding agency would be "Crews Bonding, would you hold please". If someone needed to speak to Respondent immediately, Mr. Etheridge would state "she is busy, hold please, if you will give me your number, I will have her call you back". Once while Jack Etheridge was employed at the Crews Bonding Agency, following release from federal prison, Ms. Thomas came to the agency to check on his status. Upon that occasion, Respondent spoke to Ms. Thomas and asked if her husband could drive a bus, instead of being employed by the bail bond agency. Ms. Thomas replied in the negative and stated that the husband had to stay with the agency and work with Respondent. Ms. Thomas told Respondent that Mr. Jack Etheridge had to be paid a check from the bonding agency. Respondent honored that request. The reason given for requiring that Mr. Jack Etheridge be paid a check was based upon the statement by Ms. Thomas that the husband had to take evidence of the check being issued and present that to the probation office. According to the Florida Department of Labor and Employment Security, Jack Etheridge was paid $800.00 for four weeks worked in the third quarter of 1993; $2,800.00 for 13 weeks worked in the fourth quarter of 1993; $2,419.23 for 12 weeks worked in the first quarter of 1994; $2,854.61 for 13 weeks worked in the second quarter of 1994; and $3,080.00 for 13 weeks worked in the third quarter of 1994. Jack Etheridge, Jr. observed that his father, upon taking the position as parking lot attendant, worked in the kitchen area of the premises most of the time for a period and then moved into the back office, which fronts Forsyth Street, later on. The kitchen area is separated from the room where the bail bonding business is conducted. The room on Liberty Street is where Respondent has traditionally conducted her bail bond business. Jack Etheridge, Jr. never observed his father work in a bail bond capacity once the father returned from incarceration. He did observe that when a car came into the parking lot, his father would direct the driver where to park the car and then return to the building. Jack Etheridge, Jr. made these observations while working in the front office, where bail bond business was conducted, and never noted his father being in that front office. Jack Etheridge, Jr. was at the premises most every day before attending the police academy. After attending the police academy, he spends most of his time at the bail bond agency, pending employment as a policeman. Mr. Persons goes to the location of the bail bond agency two to three times per week and uses a parking space in the parking lot. On those occasions, he sees Jack Etheridge in the parking lot. Mr. Persons has seen Jack Etheridge at the location of the Crews Bonding Agency numerous times, following Jack Etheridge's release from prison. Mr. Persons has gone to that location 150 times within two and one-half years, and it would be uncommon for Jack Etheridge not to have been at the location when Mr. Persons came by. On some visits Mr. Persons has spent as much as 15 or 20 minutes with Respondent and her son at the bail bond agency. On occasions when he visited the bail bond agency, he has never observed Mr. Jack Etheridge do anything related to the bail bond business, unless one considers that answering the telephone at the bail bond agency, when Respondent is unable to, constitutes bail bond business. Mr. Persons has seen Jack Etheridge put a caller on hold and then refer the call to Respondent. The observation by Mr. Persons, where Mr. Jack Etheridge was involved with answering the telephone in the bail bond office, was not the usual circumstance. In the past, when Mr. Persons observed the operation at the bail bond agency, the door separating the room that faces Liberty Street and the room that faces Forsyth Street was open. More recently, that door has been closed between the two rooms. Mr. Persons observed that in the more recent circumstances, Jack Etheridge was using the office that fronts Forsyth Street. Mr. Persons observed that at the time the hearing was conducted, Jack Etheridge was still maintaining the parking lot. Mr. Persons observed that prior to the creation of the Star Legal Research business, Jack Etheridge, when not located in the parking lot, would be found in the office which fronts Forsyth Street. In summary, under the present circumstances, it is unclear what Mr. Jack Etheridge is principally involved with at the premises primarily associated with Crews Bonding Agency and its businesses. Following advice by Mr. Baker that it would be acceptable for Mr. Jack Etheridge to work at the bail bond agency, he has been in the Crews Bonding Agency office approximately 100 times. On almost every occasion, Jack Etheridge would be in the back room on Forsyth Street. Nine out of ten times, Jack Etheridge would be in that location when observed by Mr. Baker. The only times that Mr. Baker would observe Jack Etheridge in the front office, where the bail bonding business was being conducted, would be if other bail bond agency employees were out making a bond or something of that nature. In that instance, Jack Etheridge would be sitting in the front office, where the bail bond business is conducted; and if someone came to park their car, he would take care of that business. If someone came into the office and asked about a bail bond, Jack Etheridge would remark, "Look, Anne (Respondent) is going to be back in a half hour, she is making a bond, or Clara will be back. Come back, or you can sit over there and wait". Clara refers to another employee of the bail bond agency. Mr. Baker also observed that on the occasion on which Jack Etheridge was in the front office, he would refuse to give information about bail bonds and limit himself to handling parking duties and answering the telephone if no one else was available to answer the telephone. Mr. Fletcher has seen Jack Etheridge at the bail bond agency location approximately twice per week, following Mr. Etheridge's release from incarceration. On these occasions, Mr. Fletcher would give Jack Etheridge keys to Mr. Fletcher's car and seek assistance in parking. In these visits to the agency, Mr. Fletcher never observed Jack Etheridge perform work as a bail bond agent. In fact, he never observed Jack Etheridge work anywhere other than in the parking lot. Respondent and her husband brought further action in Circuit Court Case No. 82-10537CA, assigned to Division CV-F. At that time, the previous judge, who had issued the aforementioned order on March 27, 1984, was not presiding in the case. That refers to the Honorable Henry Lee Adams, Jr., who now serves as a federal district judge. The judge who presided in the reopening of the circuit court case was the Honorable Lawrence D. Fay, Circuit Judge. On October 30, 1995, Judge Fay entered an order in Case No. 82- 10537CA, Division CV-F, enjoining consideration of Count I to the present administrative complaint, in which he ordered: The Plaintiff's Motion for Injunction is here- by GRANTED with respect to Count I of the Administrative Complaint and First Amended Administrative Complaint filed by Defendant against Plaintiff, Anne Evans Etheridge, and Defendant shall be enjoined from proceeding against Plaintiff, Anne Evans Etheridge, as to Count I of same in DOAH Case No. 95-3964. Judge Fay also ruled: The Plaintiff's Motion for Injunction is here- by DENIED with respect to the filing of any complaints under Section 648.44(7), Florida Statutes, relative to convictions, guilty pleas, or no contest pleas by Jack I. Ethe- ridge entered subsequent to March 27, 1984. Plaintiffs have failed to exhaust adminis- trative remedies. Based upon the orders by Judge Fay, administrative prosecution has proceeded to resolve Count II to the administrative complaint addressed in DOAH Case No. 95-3964.
Recommendation Based upon the findings of fact and the conclusions of law, it is, RECOMMENDED: That a Final Order be entered which dismisses the First Amended Administrative Complaint. DONE and ENTERED this 15th day of February, 1996, in Tallahassee, Florida. CHARLES C. ADAMS, 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 February, 1996. APPENDIX TO RECOMMENDED ORDER CASE NO. 95-3964 The following discussion is given concerning the proposed findings of fact and conclusions of law by the parties. Petitioner's Findings: Paragraphs 1 through 4 are subordinate to facts found. Paragraph 5 constitutes legal argument. Respondent's Findings: Paragraph 1 is subordinate to facts found. Paragraph 2 is not necessary to the resolution of the dispute. Paragraph 3 is subordinate to facts found. Paragraph 4 is established through the Preliminary Statement. Paragraphs 5 and 6 are subordinate to facts found. Paragraph 7 is subordinate to facts found, with the exception that several other local attorneys were not contacted for advice. One additional attorney was sought out for advice, Mr. Baker. Paragraph 8, the first sentence is not necessary to the resolution of the dispute. The remaining sentences are subordinate to facts found. Paragraphs 9 through 13 are subordinate to facts found. Paragraph 14 is not necessary to the resolution of the dispute. Paragraphs 15-16 are subordinate to facts found. COPIES FURNISHED: Dickson E. Kesler, Esquire Department of Insurance Division of Agent and Agency Services 8070 North West 53rd Street, Suite 103 Miami, FL 33166 Judy Groover, Esquire 24 North Market Street, Suite 301-A Jacksonville, FL 32202 Bill Nelson, State Treasurer and Insurance Commissioner Department of Insurance and Treasurer The Capitol, Plaza Level Tallahassee, FL 32399-0300 Dan Sumner, Acting General Counsel Department of Insurance and Treasurer The Capitol, PL-11 Tallahassee, FL 32399-0300
