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
Findings Of Fact Petitioner, Pat LaFratta, applied for a Bail Bond Runner's License, which application was sworn to and subscribed on the 11th day of June, 1978. Petitioner had previously, on July 9, 1976, submitted an application for professional Bail Bondsman. The Respondent, by letter from the Chief of the Bureau of Licensing, Mrs. Onez O'Neal, dated August 31, 1978, informed Mr. LaFratta that his application for Bail Bond Runner's License was denied and stated that "the investigation conducted by this Department reflects that you do not meet the qualifications as set forth in Sections 648.27(2)(4), and 648.34(2)(f), Florida Statutes." The Petitioner requested an administrative hearing. A deposition of Howard Paul Sabin, who was at the time imprisoned for bribery, was entered into the evidence without objection. The deposition was taken at the Hendry Correctional Institute in Immokalee, Florida, on December 20, 1978, by counsel for the Respondent after Respondent had denied Petitioner's application for licensure. Counsel for the Petitioner, Herb Fried, Esquire, 1461 NW 17th Avenue, Miami, Florida 33125, and the Petitioner, Pat LaFratta, were present. Sabin's testimony was that the Petitioner, whom he identified at the taking of the deposition, shared commissions in performing bail bond activities and that Petitioner acquiesced and participated in bribing a police officer. Mr. Sabin testified that Mr. LaFratta used LaFratta's apartment as an office. Telephone calls were made from the apartment to call the jail and speak to people to see if Sabin could help them make bond while only Sabin, not Mr. LaFratta, was licensed. Sabin testified that the name of the agency was AABBEE Bail Bonds and that LaFratta paid Sabin a percentage of bonds solicited by Mr. Sabin and referred to Mr. LaFratta. The time frame Sabin testified about was approximately from September of 1975, to December of 1975. The Petitioner's attorney questioned Sabin about any promises made to him for his testimony and about other bondsmen, but there were no questions or contradictions by Petitioner or his attorney as to testimony concerning the subject of this hearing. A yellow page from a Southern Bell Telephone and Telegraph Company Directory, dated 1976, was submitted into evidence in which there was an advertisement "Bail Bonds, 24-Hour Service Any Court - State, Federal, Criminal, Narcotic - Pat LaFratta, Manager - AABBEE Bail Bonds" and a telephone number. Also submitted into evidence was a copy of a business card "AABBEE Bail Bonds - Pat LaFratta - 24-Hour Service" with the same telephone number as advertised in the yellow pages of the 1976 telephone directory. It is obvious upon examination that the telephone advertisement and card were advising the public using the directory that Petitioner LaFratta was in the bail bond business. Petitioner was not then licensed. On the application for Bail Bond Runner's License of June 11, 1978, Question 14: "Have you ever been charged with or convicted of a felony?" was answered "Yes." The remainder of the question stated: "If so, complete the following and submit a full and detailed report on a separate sheet." This was answered: "1970 - Broward Cty. Ct. - Ft. Lauderdale, Fl. - Poss. Stolen Prop. - 23 counts, 1 yr. cty. jail 2-5 yrs. probation conc." Petitioner listed no other charges or convictions on the application or on a separate sheet. Respondent submitted in defense of its denial a number of exhibits which were entered into evidence as follows: Exhibit 3(a) concerns the offense of receiving stolen property and is dated October 20, 1969. The solicitor announced a Nolle Prosequi, and the Judge released Petitioner from custody. Exhibit 3(b) concerns the offense of receiving stolen property and is dated October 23, 1967. The solicitor announced a Nolle Prosequi. Petitioner was released from custody. Exhibit 3(c) concerns the offense of auto theft and is dated April 4, 1969. The solicitor announced "No Information," and the Respondent was released from custody. Exhibit 3(d) concerns the offense of uttering a forged instrument and is dated June 30, 1971. The solicitor announced a Nolle Prosequi, and the Judge released Petitioner from custody. Exhibit 3(e) concerns the offense of two counts of receiving stolen property and is dated April 5, 1971. The solicitor announced a Nolle Prosequi. The Judge released the Petitioner from custody. Exhibit 3(f) concerns the offense of receiving stolen property and is dated January 22, 1969. Petitioner was acquitted by a jury and released from custody. Exhibit 3(g) concerns the offense of receiving stolen property and is dated April 5, 1971. The solicitor announced a Nolle Prosequi, and the Judge released Petitioner from custody. Exhibit 3(h) concerns the offense of receiving or aiding in the concealment of parts of a 1968 Chevrolet Impala and is dated October 31, 1969. The State was allowed 30 days to amend because of the vagueness of the charge. Exhibit 3(i) concerns the offense of receiving stolen property and is dated April 5, 1971. The solicitor announced a Nolle Prosequi, and the Judge released Petitioner from custody. Exhibit 3(j) concerns the offense of aggravated assault and is dated October 27, 1967. The Hearing Officer finds that Petitioner was not the defendant in said case. Exhibit 3(k) concerns the offense of receiving stolen property and is dated December 13, 1968. Petitioner was acquitted by a jury and released from custody. Exhibit 3(l) concerns the offense of receiving stolen property arid is dated October 1, 1969. The Petitioner was acquitted by the court and released from custody. Exhibit 3(m) concerns the offense of receiving stolen property and is dated June 25, 1968. The Petitioner was acquitted by the court arid released from custody. Exhibit 3(n) concerns the offense of assault and battery, a misdemeanor, and is dated October 30, 1967. Exhibit 3(o) is a judgment and sentence for the crime of receiving stolen property and is dated October 5, 1971. Petitioner was placed on probation for five years. Exhibit (p) is a judgment and sentence dated April 5, 1971. Petitioner was sentenced to one year in prison and an assessment. Exhibit 3(q) concerns the violation of parole. Respondent's Exhibit 3(e), (g), (i), (o), and (p), supra, are part of a 23-count information which was submitted as Petitioner's Exhibit #6 in Case No. 70-25492, an information for Receiving Stolen property. Respondent's Exhibit 3(a), (b), (c), (d), (f), (h), (k), (l), and (m), supra, refer to felony charges of receiving stolen property, uttering a forged instrument and auto theft, which were not listed on the Petitioner's application and were not part of the 23-count information, which information concerned receiving stolen property. Exhibit 3(a), (b), (f), (k), (l), and (m), supra, concern stolen property preceding the dates of the offenses mentioned in the 23-count information. The failure to list the foregoing felony charges shows the Petitioner made material misstatements on his application. Petitioner LaFratta testified that he sent a package regarding the 23 counts mentioned in Findings of Fact No. 3, supra, with both application for Professional Bail Bondsman and for subject license to the Respondent. His testimony was not backed by evidence that he in fact sent the materials to the Respondent, which were required to have been sent at the time the application was made and listed on his application. His testimony that he had requested the clerk to "make out a whole booklet on everything that pertains to me," if true, was not adequate to truthfully answer Question 14, Findings of Fact No. 3, supra. The Hearing Officer finds that Petitioner did not furnished a full and detailed report and information as required by Question 14. It is the finding of the Hearing Officer that Petitioner did not intend to furnish the required information. Petitioner testified that he did not think that he had ever been arrested for assault, but the Respondent presented evidence showing that Petitioner had in fact been arrested for assault and battery. On subject application the Petitioner also failed to fully answer the question as to his employment history for the past five years. He failed to disclose that he had worked for Abel Bail Bonds. On the question as to his residence for the past five years, Mr. LaFratta failed to show that he had been incarcerated at Florida State Prison during that period of time. The herein mentioned 23-count information and the Restoration of Civil Rights were certified in June of 1976, and application for Professional Bail Bondsman was submitted in July of 1976. It is the finding of this Hearing Officer that these instruments were the only information submitted by the Petitioner to the Respondent as to his charges and convictions, despite his testimony. The certificate of Restoration of Civil Rights to Pat LaFratta, dated June 8, 1976, was previous to the application for Bail Bond Runner's License sworn to and subscribed by the Petitioner on June 11, 1978, and to the application for Bail Bondsman sworn to and subscribed by the Petitioner on July 9, 1976. The certificate of Restoration of Civil Rights is dated June 8, 1976, and within a few weeks thereafter Petitioner failed to truthfully answer questions under oath on his application on July 9, 1976, and failed to fully and truthfully answer the question on his application for Bail Bond Runner's License of July 11, 1978.
Recommendation Reject the application of Petitioner, Pat LaFratta, for a license as a Ball Bond Runner. DONE and ORDERED this 29th day of March, 1979, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of March, 1979. COPIES FURNISHED: Patrick F. Maroney, Esquire Florida Department of Insurance Legal Division 428-A Larson Building Tallahassee, Florida 32301 Max P. Engel, Esquire 1461 North West 17th Avenue Miami, Florida 33125
Findings Of Fact James L. Sponheim is licensed as a Limited Surety Agent to represent Cotton Belt Insurance Company, Inc., and was so licensed at all times relevant to this proceeding. His office is located in Dade City, Florida. (Testimony of J. Sponheim, petitioner's Exhibit 2) Respondent Bonnie L. Sponheim is qualified, but not currently licensed, as a bail bond runner. She was previously licensed as a runner, but her license was cancelled on April 3, 1980. Thereafter, she has served as a secretary in her husband's Dade City office. (Testimony of B. Sponheim, Petitioner's Exhibit l) On August 6, 1980, Stephen W. Sissitka, of Zephyrhills, Florida, made application to the Cotton Belt Insurance Company for appearance bonds B6A095951- 52 to effect his release from the custody of the Pasco County Sheriff's office. The application contained provisions as to events which would constitute a breach of the obligations under the bond, including the applicant's change from one address to another without notifying the Cotton Belt Insurance Company or its agent in writing prior to any such move. On the reverse of the application, Glenna Lilly and Spurgeon Phillips executed an indemnity agreement whereby they agreed to bind themselves to produce Sissitka in court at the required time. The application further identified Glenna Lilly as Sissitka's mother. Phillips executed a separate indemnity agreement on August 30, 1980. He is the father- in-law of Sissitka and resides in Dade City. (Testimony of J. Sponheim, S. Sissitka, Respondent's Exhibits 1,2) On August 6, 1980, Mr. Sponheim, as agent for Cotton Belt Insurance Company, issued the requested bonds in the total amount `of $2,500.00. (Testimony of J. Sponheim, Petitioner's Composite Exhibit 4) Although Sissitka had listed his address as Zephyrhills, Florida, he was living at the home of his father-in-law Spurgeon Phillips, in Dade City at the time he was released on bond. However, he was having difficulties with his wife and did not remain in Dade City on a continuous basis. On several occasions, he went over night to his mother's house in Zephyrhills, and another time he visited his wife's mother for several days in Pasco County. He did not tell Mr. Sponheim about the latter visit, nor did Phillips know where he was. In fact, he stayed only sporadically with Phillips during the period August to October, 1980, and sometimes would be gone for a week or two. Phillips complained to Mr. Sponheim about his inability to keep up with Sissitka's whereabouts, and wanted to have him returned to custody. As a result, Mr. Sponheim and Phillips had a meeting with Sissitka on October 7, 1980, at which time Mr. Sponheim reminded Sissitka of his obligations to report any changes of address or employment and imposed the requirement that Sissitka "check in" with Sponheim's office once a week. Sissitka was also told to stay at Phillips' house in the future. Sissitka agreed to follow the conditions imposed and keep Mr. Sponheim and Phillips notified of his whereabouts. (Testimony of J. Sponheim, B. Sponheim, Phillips, Harrelson, S. Sissitka, M. Sissitka, Petitioner's Exhibit 3, Stipulation) On October 15, 1980, Mrs. Sponheim discovered Sissitka was no longer employed at a restaurant in Dade City. Mr. Sponheim was out of the state at the time. Mrs. Sponheim was under the impression that Sissitka was living at Zephyrhills, and so she drove out to Phillips' house to talk to his wife in an attempt to ascertain his current situation. When she knocked on the door, Sissitka answered and told her that he had been living there. Mrs. Sponheim told him that they needed to talk. She waited in her car while he put on a shirt and some shoes, and joined her in the car. They then drove to Mr. Sponheim's office. On the way, she asked him about his job and where he was living, but Sissitka indicated that it was none of her business, that Mr. Sponheim had no control over him, and that as long as he showed up in court that was all that mattered. He asked her if he was going to jail, and she told him that was between him and Mr. Sponheim. When they arrived at the office they discussed the conditions of the bond and the arrangements which had been made at the previous meeting with Phillips and Mr. Sponheim on October 7. Sissitka told her that he was tired of being harrassed not only by her husband, but by Phillips, and that everyone was giving him a hard time, and he wanted it stopped. Mrs. Sponheim inferred from this statement that Sissitka wished to terminate the bond relationship and told him that if he wanted to "end it" he was free to go to the jail and surrender himself at any time. At that point, Sissitka said "fine, let's go" but Mrs. Sponheim told him that they needed to talk to Mr. Sponheim about it first. She went into the adjoining private office, telephoned her husband and informed him of the situation. He told her that Sissitka could either go ahead and surrender himself, or otherwise they would have to wait until he returned to the city to settle the matter. He further told her that if Sissitka wanted to turn himself in that she should make sure to get the surrender documents to the jail so that he couldn't walk out again. Mr. Sponheim made a practice of pre-signing the appropriate surrender forms for each person he bonded out at the time the bond was written; therefore, a signed surrender form had been previously prepared for Sissitka. The Pasco County Sheriff's Department requires that the surrender document be filed with that office prior to permitting an individual to surrender himself. Otherwise, the individual would be free to leave the jail because the bond would still be valid. After talking to her husband, Mrs. Sponheim informed Sissitka of the conversation and he asked to use the phone to call his mother. After he completed the call, he said "o.k. let's go." Mrs. Sponheim then filled in the date on the "off bond" form and they walked across the street to the jail. Sissitka went up to the jail door and said "here I am again" and opened the metal door and went on in. Mrs. Sponheim handed the surrender forms to the official at the booking office and said that she was coming off the bond. She then returned to her office and later that day Sissitka called her and inquired about the possibility of being bonded out again because he did not have enough money to post a cash bond. Mrs. Sponheim told him that her husband was not there and he asked if she could bond him out. She replied that she didn't have a license, but gave him the name of another bondsman. (Testimony of J. Sponheim, B. Sponheim, Kelly, Brown, Shytle, Petitioner's Exhibits 5,6)
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
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 the Respondent, Alizer Alvarez (Respondent), committed the violations alleged in the Administrative Complaint, and, if so, what penalty should be imposed.
Findings Of Fact Petitioner is the state agency charged with the responsibility and authority to regulate insurance and insurance-related activities. Limited surety licensees, bail bond agents, are included within the Petitioner’s authority. At all times material to the issues of this case, Respondent has been licensed as a limited surety agent. Respondent’s license number is E177613. At all times material to the allegations of this case, Respondent operated as a bail bond agent. At all times material to the issues of this case, Respondent conducted bail bond business at 2329 Union Street, #1, in Fort Myers, Florida. Respondent was designated as the primary bail bond agent for Sunshine State Bail Bonds (Sunshine State). Sunshine State was located at 2329 Union Street, #1, Fort Myers, Florida. Annette Lilian Alvarez was licensed in Florida as a temporary bail bond agent. Ms. Alvarez’s license number is P153920. At all times material to this case, Ms. Alvarez was employed by and appointed as a temporary agent with Respondent. The allegations set forth in Counts I and II of the Administrative Complaint identify Baker as an inmate in the Lee County, Florida, jail. Inmate Baker was arrested on or about July 15, 2009. The total amount needed to bond Inmate Baker out was $8,500.00. Respondent issued four appearance bonds to obtain Inmate Baker’s release. Each of the bonds identified Bond Out Now BB, located at 2329 Union Street, #1, Fort Myers, Florida 33901, telephone number (239)334-0060, as the bond contact in the matter. Within 24 hours of facilitating Inmate Baker’s release by posting the bonds, Respondent took action to return her to jail. Ms. Alvarez presented Inmate Baker through the jail entrance and processed her back into custody. In order to do so, paperwork was completed and exchanged with jail staff. With regard to Inmate Baker’s return, Ms. Alvarez signed the bail bond agent form and turned Inmate Baker over to the jail staff. Respondent did not sign the bail bond form regarding Inmate Baker’s return. Additionally, Respondent did not accompany Ms. Alvarez into the jail where Inmate Baker was turned over to jail staff and processed back into custody. Respondent’s claim that he accompanied Ms. Alvarez in this endeavor has not been deemed credible. Counts III and IV of the Administrative Complaint pertain to Inmate Malfregeot. On or about May 6, 2009, Inmate Malfregeot was booked into the Lee County, Florida, jail. Inmate Malfregeot’s bond was set at $1,000.00. Inmate Malfregeot telephoned his mother and asked her to arrange bond so that he could be released. Without being asked by the Malfregeot family, Respondent wrote and posted the bond to secure Inmate Malfregeot’s release. Respondent left a document instructing Inmate Malfregeot to report to Sunshine State within 24 hours of his release. The document was given to Inmate Malfregeot on the jail grounds. Respondent’s business card was provided to Inmate Malfregeot’s mother when she was on the jail grounds. Inmate Malfregeot’s bond was posted on a form for United States Fire Insurance Company (USFIC). At the time the USFIC bond was issued, Respondent was not authorized to write and post bonds on behalf of USFIC. The USFIC bond included a notation written by Respondent that stated, "court notices were to be provided to Bond Out Now BB at the address noted above." Respondent was not designated as a primary bond agent for Bond Out Now BB. Respondent operated and did business representing his company as Bond Out Now BB. Respondent was the only licensed bail bond agent who wrote bonds for Bond Out Now BB. At all times material to the allegations of this case, there was no primary bail bond agent designated for Bond Out Now BB, doing business at 2329 Union Street, #1, Fort Myers, Florida.
Recommendation It is recommended that the Department of Financial Services enter a final order revoking Respondent’s license as a limited surety agent, license number E177613. DONE AND ENTERED this 5th day of April, 2011, in Tallahassee, Leon County, Florida. S J. D. PARRISH 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 5th day of April, 2011. COPIES FURNISHED: Thomas A. David, Esquire Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399 Ahizer Alvarez 1023 Alvin Avenue Lehigh Acres, Florida 33971 Julie Jones, CP, FRP, Agency Clerk Department of Financial Services Division of Legal Services 200 East Gaines Street Tallahassee, Florida 32399-0390
The Issue The issue is whether Respondent is guilty of unlawfully employing a felon in the conduct of the bail bond business, in violation of Sections 648.44(8)(b) and 648.45(3), Florida Statutes, and Rule 4-221.001, Florida Administrative Code. If so, an additional issue is what penalty should be imposed.
Findings Of Fact At all material times, Respondent has been a licensed limited surety agent, holding license number A025071. At all material times, Respondent has been the president and owner of Dolly Bolding Bail Bonds, Inc. (Dolly Bolding), which is located at 108 South Armenia Avenue in Tampa. In July 1999, Carver Taitt visited the office of Dolly Bolding to obtain a bail bond for his son, who had been arrested on drug charges. The judge had set bond at $20,000, so the bail bond premium was $2000. Mr. Taitt spoke with Respondent and said that he did not have the entire $2000; he had only $1000. Respondent declined to extend Mr. Taitt credit for the $1000 balance. Mr. Taitt then offered $1500, and Respondent agreed to allow Mr. Taitt to owe Dolly Bolding the remaining $500. At this time, Mr. Taitt saw Frank Cueto, Sr., also known as “Paunch,” in the office of Dolly Bolding. Mr. Taitt also told Mr. Cueto that Mr. Taitt would pay the remaining $500. Mr. Taitt had obtained bonds in the past five years from Dolly Bolding. During this time, he had often seen Respondent and Mr. Cueto in the office, and Mr. Taitt was acquainted with both of them from these past purchases of bonds. Mr. Cueto contacted Mr. Taitt several times and asked him to pay the remaining $500. At one point, Mr. Cueto threatened that Dolly Bolding would revoke the bond if Mr. Taitt did not immediately pay the remaining $500, especially because he was about to take a trip whose cost would approximate the outstanding balance. Mr. Taitt paid the $500 on the day prior to his son’s court appearance. When he complained to Mr. Cueto that he should have trusted Mr. Taitt based on their past relationship, Mr. Cueto replied that money is money. Mr. Taitt’s son missed his court appearance, and the judge ordered the forfeiture of the bond. The judge later entered an order reinstating bail, but this order did not reinstate the obligation previously undertaken under the bond by Dolly Bonding or its principal. Consequently, Mr. Taitt telephoned Dolly Bonding and requested a reissuance of the bond. Told that Respondent was unavailable, Mr. Taitt spoke with Mr. Cueto. Mr. Cueto told Mr. Taitt that no surety company would agree to reissue the bond. In the meantime, the assistant public defender obtained an order from the judge for the administrative release of Mr. Taitt’s son. By this means, the jail released Mr. Taitt’s son immediately without posting any bond. The facts contained in paragraphs 4-8 above are derived from Mr. Taitt’s testimony. This constitutes some, but not all, of Mr. Taitt’s testimony. The Administrative Law Judge has not credited much of the remainder of the testimony, including, most significantly, Mr. Taitt’s testimony that Mr. Cueto was always in the office of Dolly Bolding and that he seemed to run the bonding business. Mr. Taitt was angered by Mr. Cueto’s involvement in this transaction. Much of his uncredited testimony lacked the detail of his credited testimony. As for the credited testimony, Respondent, who was not always present in the office, was not able to rebut the more-detailed portion of Mr. Taitt’s description of Mr. Cueto’s handling of the transaction. Mr. Cueto did not testify, although he is engaged to be married to Respondent and lives with her. However, Respondent’s testimony is credited over Mr. Taitt’s vague, conclusory testimony as to the business relationship between Respondent and Mr. Cueto. Thus, consistent with Respondent’s testimony, the Administrative Law Judge finds that Mr. Cueto has not exercised any dominion over Dolly Bolding or Respondent. Respondent is an articulate, intelligent individual, who is a college graduate. She makes all bonding decisions for Dolly Bolding. Mr. Cueto is not an employee, officer, or shareholder of Dolly Bolding, and Respondent is not an employee, officer, or shareholder in any company owned by Mr. Cueto. He maintains an office in the same building as Dolly Bolding’s office, and he is present in the Dolly Bolding office on a frequent basis. At least in the case of the bond for Mr. Taitt’s son, Mr. Cueto has involved himself to some extent in Respondent’s bonding business. It is entirely possible that Mr. Cueto’s involvement in this bonding transaction is isolated, as he may have been inclined to involve himself to an unusual degree in a bonding matter due to the number of years that Mr. Cueto has known Mr. Taitt. It is even more likely that Mr. Cueto’s involvement in this bonding transaction was without the knowledge of Respondent. Mr. Cueto is a felon. He was convicted in 1994 of unlawful engaging in the bail bond business and misleading advertising. Mr. Cueto was formerly a licensed limited surety agent, but Petitioner suspended his license sometime ago. Respondent was at all times aware of these aspects of Mr. Cueto's background. In November 1991, Petitioner commenced an administrative proceeding against Respondent, as a licensed limited surety agent, for allowing an unlicensed person to participate in the bail bond business. By Settlement Stipulation for Consent Order and Consent Order, both signed in April 1992, Respondent agreed, and was ordered, to pay an administrative fine of $2000.
Recommendation It is RECOMMENDED that the Department of Insurance dismiss the Second Amended Administrative Complaint against Respondent. DONE AND ENTERED this 6th day of April, 2001, in Tallahassee, Leon County, Florida. ___________________________________ 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 6th day of April, 2001. COPIES FURNISHED: Honorable Tom Gallagher Commissioner of Insurance and Treasurer 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 Anoush A. Arakalian Division of Legal Services Department of Insurance 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 Joseph R. Fritz Joseph R. Fritz, P.A. 4204 North Nebraska Avenue Tampa, Florida 33602
