Findings Of Fact FHFC administers the Multifamily Mortgage Revenue Bond Program (Bond Program) as set forth in Chapter 420, Part V, Florida Statutes, and related administrative rules. Worthwhile timely filed an application in the 1999 Bond Program cycle which was assigned number 99-040 to finance a development called Heritage Apartments in Collier County, Florida. FHFC initially deemed said application to be incomplete for the reasons set forth in a letter dated February 4, 1999. Worthwhile timely filed a Petition for Formal Hearing challenging FHFC's determination that application number 99-040 was incomplete, which Petition was referred to the Division of Administrative Hearings (DOAH) and assigned Case No. 99-1518. Upon further review by FHFC and in consideration of the deposition testimony of FHFC representatives in this cause, the parties stipulate and agree that: Worthwhile's application number 99-040 was not incomplete as initially determined by FHFC; Worthwhile's application number 99-040 is complete and must now be further processed pursuant to appropriate rules and procedures; and If it qualifies after further processing, application number 99-040 is to be funded with the next uncommitted bond proceeds made available to FHFC for allocation.
Recommendation Based upon the foregoing, it is hereby RECOMMENDED that FHFC enter a Final Order which finds and concludes that: Worthwhile's application number 99-040 was not incomplete as initially determined by FHFC; Worthwhile's application number 99-040 is complete and must now be further processed pursuant to appropriate rules and procedures; and If it qualifies after further processing, application number 99-040 is to be funded with the next uncommitted bond proceeds made available to FHFC for allocation. DONE AND ENTERED this 8th day of October, 1999, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 8th day of October, 1999. COPIES FURNISHED: James C. Hauser, Esquire Skelding, Labasky, Corry, Hauser, Jolly & Metz, P.A. 318 North Monroe Street Tallahassee, Florida 32301 David A. Barrett, Esquire Barrett & Pelham, P.A. Post Office Box 930 Tallahassee, Florida 32302-0930 Brad Baker, Executive Director Florida Housing Finance Corporation 227 North Bronough Street, Suite 5000 Tallahassee, Florida 32399-1329 Stephen M. Donelan, General Counsel Florida Housing Finance Corporation 227 North Bronough Street, Suite 5000 Tallahassee, Florida 32399-1329 Michael J. Glazer, Esquire Ausley & McMullen 227 South Calhoun Street Tallahassee, Florida 32301
The Issue Whether Petitioner has defaulted on student loans and, if so, the principal amounts due on the loans, as well as accrued interest, and collection costs. Whether Petitioner's employer should be required to withhold payments from Petitioner's pay pursuant to Section 112.175, Florida Statutes.
Findings Of Fact Petitioner is Johnny Martin. Petitioner's mailing address is 11431 Quailhollow Drive, Jacksonville, Florida. Respondent is the Florida Department of Education. The Department's business address is 325 West Gaines Street, Tallahassee, Florida. The Department is a guarantee agency which holds the loan account in question after paying the claim of the lender on July 28, 1994. All loans in this proceeding are Supplemental Loan(s) for Students (SLS), also known as Florida Auxiliary Loans. SLS loans are not subsidized by the federal government. Therefore, the federal government has no responsibility for payment of interest during periods of deferment or forbearance and there is no grace period for SLS loans. During any period of deferment or forbearance, such as when a borrower is unemployed, the borrower's repayment obligation may be suspended; however, interest accrues to the account for which the borrower is responsible. When the deferment or forbearance ends, the outstanding interest is capitalized on the loan. SLS loans accrue interest at the rate of 12 percent per year from the date of disbursement. Persons eligible to receive SLS loans include parents of dependent undergraduate students. As set forth below, Petitioner, as parent of an eligible dependent undergraduate student, received four SLS loans. Loan 1: Petitioner applied for and received Loan A000000442 in 1983. This loan, in the amount of $3,000.00, will be referred to as Loan 1. Although the Department is the guarantor of Loan 1, the lender never declared the loan in default or sold it to the Department. Therefore, Loan 1 is not at issue in this proceeding. Loan 2: Petitioner applied for and received Loan A000001064 in 1984. This loan, in the amount of $3,000.00, will be referred to as Loan 2. The lender declared Petitioner in default and sold Loan 2 to the Department as guarantor. Because Loan 2 was in repayment status for more than seven years, exclusive of suspensions of the repayment period, Loan 2 was discharged in bankruptcy. Therefore, Loan 2 is not at issue in this proceeding. Loan 3: Petitioner applied for and received Loan A000003767 in 1985. This loan, in the amount of $3,000.00, will be referred to as Loan 3. The lender declared Petitioner in default and transferred Loan 3 to the Department as guarantor. Because Loan 3 was in repayment status for more than seven years, exclusive of suspensions of the repayment period, Loan 3 was discharged in bankruptcy. Therefore, Loan 3 is not at issue in this proceeding. Loan 4: On or about August 5, 1986, Petitioner executed an Auxiliary (SLS) Loan application on behalf of his daughter, Kelly Aleta Martin, an eligible dependent undergraduate student. On or about September 8, 1986, Petitioner executed the promissory note for this loan. This SLS Loan was in the amount of $3,000.00. This loan was disbursed on or about October 9, 1986. The Department guaranteed this loan. Throughout exhibits presented by the Department, the loan number for this SLS Loan is A000007005; however, for convenience, herein this loan will be referred to as Loan 4. Loan 4 is the only loan at issue in this proceeding. Petitioner's first payment for Loan 4 was due October 25, 1986. The payment due date later changed to the 20th of each month. Petitioner's last payment to the lender was made on July 17, 1990. However, as Petitioner was behind in his payments, this payment was applied to the payment due May 20, 1990. The Petitioner is considered in repayment status for 44 months, from October 1986 through May 1990. A borrower is not considered in repayment status during any suspension of the repayment period, including any period of forbearance or deferment. Petitioner applied for and received an unemployment deferment on September 18, 1990. This deferment was for the period from July 21, 1990 through December 28, 1990. Because Petitioner was not current in his payments, he requested and received a forbearance from the lender for the payments due on June 20 and July 20, 1990, in order to qualify for the unemployment deferment. The forbearance together with the unemployment deferment brought Petitioner current in his payments; however, they suspended the repayment period for Loan 4 for seven months (two months for the forbearance and five months for the deferment). Petitioner failed to make any payments following the deferment period ending December 28, 1990. Petitioner applied for and received an unemployment deferment on April 23, 1991. This deferment was for the period from February 24 through July 23, 1991. Because Petitioner failed to make any payments following the deferment ending December 28, 1990, he again requested and received a forbearance for the payments due January 20 and February 20, 1991. The forbearance and unemployment deferment brought Petitioner current in his payments; however, they again suspended the repayment period for Loan 4 by another seven months (two months for the forbearance and five months for the deferment). Following Petitioner's unemployment deferment ending July 1991, he failed to resume payment to the lender beginning August 20, 1990. Thereafter, the lender declared Petitioner in default and made application to the Department for claim payment based on the guarantee. However, the Department refused to pay the lender's claim citing due diligence violations, and as a result, Petitioner is considered in repayment status from August 20, 1991 through April 20, 1992, or nine months, even though no payments were actually received by virtue of his Fresh Start Application. Petitioner submitted a Fresh Start Application to the lender dated May 13, 1992. This document reaffirmed the student loan obligation and, when received by the lender on May 19, 1992, reinstated the Department's guarantee of Loan 4. In an application dated May 24, 1992, Petitioner requested another unemployment deferment. The lender refused Petitioner's request for an unemployment deferment due to the fact that Petitioner was working at the time. However, the lender granted Petitioner a forbearance. This forbearance covered payments due from May 20 through December 20, 1992. Thereafter, Petitioner again requested and was granted forbearance of payments due through June 20, 1993. These forbearances, from May 20, 1992 through June 20, 1993, suspended the period Loan 4 is in repayment status by 14 months. Petitioner failed to resume payments beginning July 20, 1993, the final due date at default. In 1994, the lender declared Petitioner in default on Loan 4 and made application to the Department for claim payment based on the guarantee. The Department paid the default claim on Loan 4 on July 28, 1994. Although no payments were received from July 20, 1993 through July 20, 1994, or 13 months, Petitioner is considered in repayment status for that time because there was no forbearance or deferment in place. When the Department acquired Loan 4, Petitioner owed $2,195.68 in principal and $290.19 in accrued (claim) interest. These figures were capitalized by the Department and yield the figure of $2,484.18 in capitalized principal which is subject to interest at the rate of 12 percent per year. Beginning in 1995, Petitioner entered into a voluntary wage garnishment agreement with the Department. Under this agreement and through the period Petitioner was under the bankruptcy court's jurisdiction, a total of $383.95 was received by the Department and applied to Petitioner's account in accordance with Title 34, Code of Federal Regulations Section 682.404(f), relating to how borrower payments will be applied. The entire amount received was applied to outstanding interest. Prior to filing bankruptcy, Petitioner's Loan 4 was considered in repayment status from July 29, 1994 through January 5, 1995, during the time it was held by the Department. The Petitioner was credited for being in repayment status for five months, even though he made no payments. Additionally, Petitioner was credited for being in repayment status for 12 months in 1995, whether or not regular payments were received under Petitioner's voluntary wage garnishment agreement. Because Petitioner filed for bankruptcy prior to the January 20, 1996, the payment due date, the month of January 1996 cannot be counted as being in repayment status. Petitioner filed for Chapter 13 bankruptcy protection on January 11, 1996. The Department filed a proof of claim with the bankruptcy court for Loans 2, 3, and 4 in the principal amount of $5,571.91, the amount of capitalized principal due on the accounts. The Department filed with the court the claim of $5,647.02 due on the accounts through date of filing the case. See item 5 on page 2 of Department's Exhibit 5. This amount was the capitalized principal and interest due. On February 4, 1999, the United States Bankruptcy Court for the Middle District of Florida, Jacksonville Division, issued an "Order Discharging Debtor After Completion of Chapter 13 Plan" in Petitioner's case, number 96-00175-3F3. That order provides in pertinent part, "The debtor is discharged for all debts provided for by the plan or disallowed under 11 U.S.C. [Section] 502, except any debt . . . for a student loan or educational benefit overpayment as specified in 11 U.S.C.[Section]523(a)(8)." In 1996, Title 11 United States Code Section 523(a) provided in pertinent part: A discharge under . . . this title does not discharge an individual debtor from any debt-- for an educational benefit overpayment or loan made, insured or guaranteed by a governmental unit, or made under any program funded in whole or part by a governmental unit or nonprofit institution, or for an obligation to repay funds received as an education benefit, scholarship or stipend, unless-- such loan, benefit, scholarship, or stipend overpayment first became due more than 7 years (exclusive of an applicable suspension of the repayment period) before the date of the filing of the petition . . . Pursuant to this order, Petitioner's debt to the Department for Loans 2 and 3 was discharged. The first payment for Loan 4 was due October 25, 1986. Petitioner filed for bankruptcy on January 11, 1996, nine days prior to the payment due date of January 20, 1996. There were 111 months from the month the first payment of Loan 4 was due through the month prior to the filing of bankruptcy (the month that bankruptcy was filed cannot be counted if the payment due date was after the date Petitioner filed for bankruptcy). Petitioner was in forbearance or deferment status for 28 months which suspends the period Loan 4 is considered in repayment status. Petitioner was in repayment status on Loan 4 for 83 months regardless of whether he actually made payments on the account. Therefore, Loan 4 was not discharged. Section 682.410(b)(2) of Title 34, Code of Federal Regulations, provides that the Department shall impose collection costs as follows: Collection charges. Whether or not provided for in the borrower's promissory note and subject to any limitation on the amount of those costs in that note, the guarantee agency shall charge a borrower an amount equal to reasonable costs incurred by the agency in collecting a loan on which the agency has paid a default or bankruptcy claim. These cost may include, but are not limited to, all attorneys fees, collection agency charges, and court costs. Except as provided in [Sections] 682.401(b)(27) and 682.405(b)(1)(iv), the amount charged borrower must equal the lesser of -- The amount the same borrower would be charged for the cost of collection under the formula in 34 CRF 30.60; or The amount the same borrower would be charged for the cost of collection in the loan was held by the U.S. Department of Education. The Department established that the amount of the annual collection cost mandated by Title 34 Code of Federal Regulations Section 682.410(b)(2) for the loan at issue in this proceeding should be calculated at least annually at the rate of 25 percent of the outstanding principal and accrued interest. Petitioner agreed to pay these costs in the application and promissory note he executed. Petitioner is employed by the Duval County School Board, a political subdivision of the State of Florida. As an employee of a political subdivision of the State of Florida, Petitioner is subject to the provisions of Section 112.175, Florida Statutes, and Chapter 28-40, Florida Administrative Code. These provisions pertain to employees of the State of Florida or its political subdivisions who have defaulted on an education loan made or guaranteed by the State of Florida. The Department notified Petitioner by letter dated August 13, 1999, that he had one or more student loans in default and offered him the opportunity to make voluntary payments on the loans. The letter also advised Petitioner that the Department would seek to make involuntary withholdings if he did not make voluntary payments. Petitioner elected to request the formal hearing which triggered this proceeding. As stated above, the capitalized principal due the Department for Loan 4 is $2,485.87. This amount reflects the principal due and the outstanding interest accrued on the account at the time the Department acquired the loan from the lender. All payments received by the Department were applied to outstanding interest which accrued on the account after the loan was bought by the Department, and no payment was applied to the capitalized principal. The capitalized principal accrues interest at the rate of 12 percent per year of $.82 per day. As of February 4, 1999, after taking into consideration the $383.95 received by the Department, the unpaid accrued interest for Loan 4 was $881.74. Pursuant to federal regulations collection costs assessed at the rate of 25 percent of principal and interest due as of February 4, 1999, were $867.08. Therefore, as of February 4, 1999, the total principal, interest, and collection costs due for Loan 4 totaled $4,234.69. Interest continues to accrue to the account as provided by law and collection costs may be reassessed as provided by law.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department enter a final order that adopts the findings of fact and conclusions of law contained herein, finds that Petitioner, as of February 4, 1999, owes the sum of $4,234.69, and orders the involuntary wage withholding of Petitioner's pay through his employer, Duval County School Board, pursuant to Section 112.175, Florida Statutes, and Chapter 28-40, Florida Administrative Code. DONE AND ENTERED this 22nd day of December, 2000, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 22nd day of December, 2000. COPIES FURNISHED: Johnny Martin 11431 Quailhollow Drive Jacksonville, Florida 32218-3621 Ronald G. Stowers Assistant General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400 Honorable Tom Gallagher Commissioner of Education The Capitol, Plaza Level 08 Tallahassee, Florida 32399-0400 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400
The Issue The issues are whether Petitioner is delinquent in his child support payments; and if so, whether Respondent may levy the funds from Petitioner's bank account pursuant to Section 409.25656, Florida Statutes.
Findings Of Fact It is undisputed that Petitioner's child support obligation is ongoing. He admits that his overall monthly obligation is $312.00. As of October 24, 2001, Petitioner's was in arrears on his child support obligation in excess of $53.03. Petitioner has not made any payments toward his child support obligation since September 2000. On March 20, 2001, Respondent issued a Notice of Freeze. This notice advised Tampa Bay Federal Credit Union that Petitioner had a past-due and/or overdue child support obligation and that any funds held by Tampa Bay Federal Credit Union in Petitioner's name were frozen pursuant to Section 409.25656, Florida Statutes. At that time, Petitioner had funds in the amount of $53.03 in an account at Tampa Bay Federal Credit Union. On March 27, 2001, Respondent issued a Notice of Intent to Levy. This notice advised Petitioner that Respondent intended to levy on the $53.03 in Petitioner's account with Tampa Bay Federal Credit Union. According to the notice, Respondent intended to take the funds due to Petitioner's non- payment of child support. During the hearing, Petitioner stated that he did not object to Respondent's action to levy on the funds held by Tampa Bay Federal Credit Union. Accordingly, there are no disputed issues of material fact.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is ORDERED: That Respondent enter a final order directing that $53.03 currently held at Tampa Bay Federal Credit Union be applied towards meeting the Petitioner's unpaid child support obligation. DONE AND ENTERED this 13th day of December, 2001, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD 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 13th day of December, 2001. COPIES FURNISHED: Michael A. Chang, DC #T18277 Gulf Forestry Camp 699 Ike Steele Road Wewahitchka, Florida 32465 Scott Edmonds, Esquire Department of Revenue Post Office Box 8030 Tallahassee, Florida 32314 Bruce Hoffmann, General Counsel Department of Revenue 204 Carlton Building Tallahassee, Florida 32399-0100 James Zingale, Executive Director Department of Revenue 104 Carlton Building Tallahassee, Florida 32399-0100
The Issue Whether or not the Department of Banking and Finance is required by law to transmit $2,159.41 to the State of Florida Department of Education or $2500.00 to the Petitioner.
Findings Of Fact DOE, through its Office of Student Financial Assistance, functions as a guarantee agency for purposes of the guaranteed student loan programs. In this capacity, DOE issues a loan guarantee to a participating lender, such as a bank, when the lender has applied for the guarantee in connection with making a student loan to a student borrower. If the student borrower defaults on repaying the loan to the lender, the lender submits to DOE a claim for DOE to repay the loan to the lender. When DOE repays the loan to the lender, the promissory note evidencing the debt is assigned to DOE which then pursues collection of the loan against the defaulting student borrower. On or about November 18, 1988, Petitioner Leonard K. Williams applied for a guaranteed student loan to be made by the Florida National Bank. On or about December 11, 1988, DOE issued its guarantee and the loan was made by the bank to Petitioner. Petitioner's first payment to repay the loan was due on February 1, 1990. He made no payments then or thereafter. On July 1, 1990 he was in default. DOE, as the guarantee agency, paid the bank's claim on December 27, 1990 and the bank assigned the promissory note evidencing Petitioner's indebtedness to DOE. Petitioner purchased a winning Florida Lottery ticket for the Play 4 drawing of November 19, 1991. On November 26, 1991, Petitioner submitted his claim to DOL to claim the prize of $2,500.00. On November 26, 1991, DOE certified to DOL that Petitioner had an outstanding defaulted student loan and requested that the lottery prize money won by Petitioner be transmitted to the Comptroller to be credited toward the Petitioner's student loan debt. The total principal and interest accrued on that debt as of December 11, 1991 was $2,159.41. On December 4, 1991, Petitioner requested from DOE a form captioned, "Physician's Certification of Borrower's Total and Permanent Disability." On January 3, 1992, DOE received the completed form signed by Petitioner's physician, Anne L. Rottman, M.D. Dr. Rottman treated Petitioner from August 18, 1986 through July 19, 1990, treating him for chronic cervical and lumbar spinal pain. She was unable to state when Petitioner's condition began or when he became unable to work, as the condition and disability commenced prior to the date she first saw him on August 18, 1986. Petitioner's condition was static during the time she treated him. Petitioner was unable to work during the time she treated him.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Department of Banking and Finance enter a final order which withholds $2,159.41 from Petitioner's lottery winnings and transmits that sum to the Department of Education and which also transmits the balance of $340.59 to Petitioner. Since the money has already been effectively transmitted as recommended, the Final Order could simply ratify those prior transmittals. DONE and RECOMMENDED this 17th day of September, 1992, at Tallahassee, Florida. COPIES FURNISHED: Scott C. Wright ELLA JANE P. DAVIS, Hearing Officer Division of Administrative Hearings The De Soto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17 day of September, 1992. Assistant General Counsel Office of the Comptroller The Capitol, Suite 1302 Tallahassee, Florida 32399-0350 Leonard K. Williams 1425 NE 13th Street Gainesville, Florida 32601 Leonard K. Williams Post Office Box 490955 College Park, Georgia 30349 Louisa Warren, Esquire Department of Lottery 250 Marriott Drive Tallahassee, Florida 32301 Charles S. Ruberg Assistant General Counsel State Board of Education The Capitol, Suite PL-08 Tallahassee, Florida 32301 Honorable Gerald Lewis Comptroller, State of Florida The Capitol, Plaza Level Tallahassee, Florida 32399-0350 William G. Reeves General Counsel The Capitol, Room 1302 Tallahassee, Florida 32399-0350
The Issue Whether Respondent discriminated against Petitioner on the basis of his age and handicap in violation of the Florida Human Rights Act of 1977 and the Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes.
Findings Of Fact Petitioner, Harold Asher (Asher), was born on January 13, 1929, and as of April 1, 1992, he was 63 years old. Respondent, Barnett Banks, Inc. (BBI), is a holding company that owns and controls numerous banks in Florida and Georgia. The banks in Florida owned by BBI are located in three geographical regions: the north region, the central region, and the south region. In the south region there are nine banks: Barnett Bank of Key West, Barnett Bank of South Florida (Miami), Barnett Bank of Broward (Fort Lauderdale), Barnett Bank of Palm Beach County, Barnett Bank of Martin County, Barnett Bank of Treasure Coast, Barnett Bank of Lake Okeechobee, Barnett Bank of Naples, and Barnett Bank of Lee County (Fort Myers). Each bank has branches. Barnett Banks, Inc. is an employer subject to Section 760.10, Florida Statutes. Harold Asher was hired by Barnett Bank of Palm Beach County in 1983, at the age of 54 as a loan review officer and was later promoted to Vice President/Loan Review. His job responsibility was to review loans which had been granted by Barnett Bank of Palm Beach County. A loan review is an evaluation of the portfolio after a loan is made to insure that the loan was properly approved, that the analysis done to support the sources of repayment was adequate, that the loan is collectible, that the risk factors associated with the loan is in line with policy and regulatory standards, and that the loan is properly underwritten. The loan review is memorialized on a line or summary sheet. While employed by Barnett Bank of Palm Beach County, Asher had several supervisors, including Ken Parrish, Art Kite, James Kammert, Noel Coan, and Martin Streischek. Barnett Bank of Palm Beach County used a rating system of one to five in evaluating its employees, which equated as follows: 1.0 to 1.49 means fails to meet minimum position accountabilities; 1.5 to 2.49 means with few exceptions, meets position accountabilities; 2.5 to 3.49 means meets position accountabilities; 3.5 to 4.49 means exceeds position accountabilities; and 4.5 to 5.0 means significantly exceeds position accountabilities. In March, 1988, James Kammert rated Asher's performance as 3.0. On January 1, 1989, Art Kite rated Asher's performance for 1988 as 3.70. In June, 1989, Art Kite rated Asher as meeting or exceeding in the key result areas (KRAs) of Asher's position. On January 1, 1990, Art Kite performed an evaluation of Asher's performance for 1989 and rated him 3.45. On January 18, 1991, Neal Coan rated Asher's performance for 1990 as 3.0. While working for Barnett Bank of Palm Beach County, Asher was never disciplined. Prior to 1991, BBI and its banks had a dual system for loan reviews. Some of the banks such as Barnett Bank of Palm Beach County, had set up loan review sections which operated at the bank level only. The staff of these sections would report directly to the bank. BBI had a loan review section for each of its regions. The BBI regional loan review sections would review loans in each of the banks located in that particular region. In January, 1991 a decision was made by BBI to consolidate the loan reviews at the holding company level. On-site teams were established in Miami, Fort Lauderdale, and Palm Beach. A travel team reviewed loans at all the banks including the banks which had on-site teams. As a result of the consolidation, the local banks eliminated their loan review departments and the staff comprising those particular departments were terminated from their positions. At the time of the decision to consolidate, Barnett Bank of Palm Beach County's loan review section consisted of one secretary and three loan officers, one of whom was Asher. The three loan officers interviewed for positions with BBI. Asher and Steven Clapp were hired by BBI. Asher was 61 years of age when he was hired by BBI on January 1, 1991, as the on-site manager for Credit Quality Review at the Barnett Bank of Palm Beach County. His office was located on Datura Street in West Palm Beach. Part of Asher's duties included supervising Mr. Clapp. The BBI on-site manager for Credit Quality Review at Barnett Bank of South Florida (Miami) was Barry Goldberg, who was born on September 24, 1962. The BBI on-site manager for Credit Quality Review at the Barnett Bank of Broward County was Mark Tavoletti, who was born on December 19, 1961. Although the same methods were used to review loans for BBI as were used to review loans for Barnett Bank of Palm Beach County, there were some changes. Computers were used more at BBI. Instead of traveling to the 45 branches of Barnett Bank of Palm Beach to review loans, Asher received the files through the interoffice mail. BBI loan reviews focused more on a loan instead of the work of the loan officer. Monthly reports were required by BBI. BBI report formats differed from those of Barnett Bank of Palm Beach County. Asher no longer selected the loans to be reviewed. BBI selected the loans using specific criteria established by BBI. Asher reported to Scott Bechtle. While working with Mr. Bechtle, Asher did not receive any criticism or disciplinary action. In July, 1991, Edward Angulo (Angulo) took over Mr. Bechtle's position as the Regional Credit Review Director for the south region. Asher, Mr. Goldberg, and Mr. Tavoletti began reporting to Angulo. Angulo's primary duty was to review the line sheets that were generated by the on-site groups and the travel team. From July, 1991 to the end of December, 1991, Angulo met with Asher approximately three to five times and talked with Asher numerous times on the telephone. Angulo reviewed all the line sheets that were generated by Asher and Clapp during that six-month period. In reviewing the work done by the Palm Beach on-site group, Angulo noted that generally the line sheets did not have sufficient quantifiable information, did not contain information supported by an independent evaluation, and contained deficiencies regarding underwriting. He would make comments concerning these problems and call Asher to discuss them. Some times Asher would not provide additional information requested by Angulo or would provide it in an unsatisfactory manner. During the last six months in 1991, Angulo spent more time in connection with the Palm Beach loan reviews than he did with the other loan review teams because of the problems the Palm Beach team was having. Angulo sat in with Asher during an exit meeting with bank management wherein Asher appeared indecisive and unprepared, forcing Angulo to take over and conduct the meeting in its entirety. Angulo completed a performance evaluation on Asher for the period 1/91 to 12/91. Asher was evaluated on nine KRAs: 1) supervise staff, 2) analyze specific loans, 3) determine quality of credit analyses, 4) evaluate underwriting standards, 5) insure accuracy of CSS, 6) evaluate overall credit administration, 7) evaluate loan approval process, 8) prepare reports and exit meetings, and 9) train junior officers. Each KRA was weighted and rated on a scale of one to five, with one being the lowest rating and five being the highest. For KRAs 1, 5, and 9, Asher was rated as 3, which meant that his performance met expectations. For KRAs 2, 3, 7, and 8, Asher received a rating of 2, which stood for approaches expectations. In the KRA concerning evaluating underwriting standards, Asher received a rating of 1, which meant that Asher's performance failed to meet expectations. Angulo noted on the evaluation that Asher needed to improve his performance in the following areas: technical/analytical, independent/inquisitive attitudes, and judgement/decisiveness. Asher's total weighted rating was 2.25, which equates to an overall rating of 2. At the time of the evaluation, Asher and Angulo understood that Asher's position was a Review Officer III. Asher had been performing the work of a Review Officer III. Accordingly, Angulo evaluated his work using the standards for Review Officer III, and evaluated the work actually performed by Asher. However, at the hearing it was revealed that Asher had been a Review Officer II at the time of his employment with BBI and held that position until his termination. On or about April 1, 1992, Angulo met with Asher and discussed Asher's performance since January, 1992. Angulo cited a problem that had occurred concerning a review of Southside Investors which had been done by Asher's subordinate, Steven Clapp. Angulo had discussed with Asher several inconsistencies or omissions in the report relating to potential underwriting problems and asked Asher to have the deficiencies cleared up. As of April 1, 1992, the deficiencies had not been resolved. Angulo also discussed with Asher problems dealing with the adequacy of supervision of report preparation and the conduct of exit meetings with bank management. Deficiencies in these areas had been pointed out in Asher's 1991 annual performance evaluation. Since that evaluation, a monthly report by Steven Clapp had to be amended because of his erroneous conclusion that the bank's overall underwriting and lending practices were inadequate. The incorrect finding was not corrected until a draft of the report was reviewed by the regional office. As the on-site manager, Asher should have reviewed Mr. Clapp's report and caught the error before it was sent to the regional office. Angulo also pointed out to Asher that his performance at exit meetings with bank management still lacked decisiveness, resulting in the need for frequent changes in reports. As a result of the continued deficiencies in Asher's performance since his 1991 performance evaluation, Angulo felt that Asher needed technical training, improvement in supervisory skills, and familiarization with BBI policies and procedures. To assist Asher in reaching an acceptable level of performance, Asher was moved from his on-site manager position to Barnett Banks, Inc.'s Credit Review Office travel team on or about April 1, 1992. There was no decrease in salary, benefits, or pay grade. Additionally, Asher was placed on a 90-day probationary period. In mid-April, 1992, Asher wrote Ken Veniard, a Senior Vice President, stating that he disagreed with Angulo's evaluation and felt that the negative comments were "based on factors totally unrelated to performance, such as age, personality, or simply the lack of complete information." Asher requested to be considered for a transfer. Veniard received the memorandum on April 29, 1992. On or about April 1, 1992, Jack Shoben, a credit review officer with BBI since 1989, was moved into the position of on-site manager for Credit Quality Review at the Barnett Bank of Palm Beach County at the Datura Street location. Jack Shoben was born on October 1, 1947, and as of April 1, 1992, he was 44 years old. Angulo chose Shoben as the on-site manager because of Mr. Shoben's qualifications and experience. After Mr. Shoben became on-site manager, the work product from the on-site team at Barnett Bank of Palm Beach County began to improve; thus Angulo did not have to spend as much time on the Palm Beach site as he had when Asher was on-site manager. William Westland, who was born on October 26, 1927, was Asher's supervisor on the travel team. During Asher's first two weeks on the travel team, he worked in Broward County. His performance was satisfactory. The third week on the travel team was spent in Miami, where Asher was required to review real estate loans. Mr. Westland noted that Asher needed some training in the real estate loan area. On May 10, 1992, shortly after Asher returned from Miami, he suffered a brain seizure and was hospitalized for two days. Six weeks after his seizure, Asher returned to work. As a result of Asher's seizure, his doctors prohibited Asher from driving for at least six months and possibly longer and required his work-related travel to be kept to an absolute minimum, which included avoiding long travel trips of any type. An essential requirement for the position that Asher held on the travel team was that he be able to travel to the different banks in the south region to conduct loan reviews. Asher was aware that extensive travel was a requirement of his job and so advised his doctor by letter dated July 3, 1992. When Asher returned to work, he was temporarily placed on the on-site review team at Palm Beach under the supervision of Jack Shoben. Steven Clapp who had been at Palm Beach on the on-site review team was transferred to the travel team. Asher's probationary period was extended to August 7, 1992. The temporary placement was to accommodate Asher's non-travel status until December 31, 1992, and after such time Asher's continued employment was contingent upon his satisfactory completion of the probationary period and his ability to meet the requirements of all credit review officers of his level, which included travel. During June 1992 until Mr. Asher's termination, Jeff Asher, his son, often drove Asher to Barnett Bank's offices on Datura Street in West Palm Beach. He also drove him home from that location during the same time. Jeff Asher also drove Asher to and from branch locations within Palm Beach County during the same period. A memorandum dated July 28, 1992, was sent from Ken Veniard, Angulo's supervisor, to BBI Credit Quality Staff, stating that although BBI was committed to maintain the on-site loan review teams, that all on-site staff would be required to travel and assist the travel team as necessary. On August 7, 1992, Asher's probationary period lapsed. There was no evaluation of Asher's performance at that time. In August, 1992, Steven Clapp was transferred to the BBI office in Jacksonville to fill a position for which he had posted. The position on the travel team that Mr. Clapp had filled in Asher's absence was held open for Asher in the event that his travel restrictions would be lifted in January, 1993, thereby enabling him to return to his position on the travel. In November, 1992, Asher, Sarah Ketchum, Jack Shoben, and Angulo participated in a teleconference, at which time Angulo advised Asher that if Asher's doctor did not approve a full time travel schedule in January, 1993, Asher's employment with BBI would be terminated effective as of December 31, 1992. On December 28, 1992, Asher visited his doctor, who continued the travel restrictions. On December 30, 1992, Asher, Jack Shoben, Joan Slaughenhaupt, and Angulo participated in a teleconference. Asher stated that his travel restrictions had not changed. Angulo advised Asher that his employment would be terminated effective December 31 due to his inability to travel. Mr. Asher's employment ended on December 31, 1992. On January 1, 1992, the on-site teams in Miami and Fort Lauderdale were each reduced from three to two on-site personnel. The Palm Beach on-site team was reduced to one one-site person, Jack Shoben, who was the only loan review officer there from January 1, 1993 to December 31, 1993. In January, 1994, all on-site positions were eliminated. Mr. Asher's salary at the time of his termination was $47,339.96 annually. In the spring of 1993, Asher and his wife went to Huntsville, Alabama, traveling by automobile two days each way. In June, 1993, all Asher's travel restrictions were lifted. Prior to his driving restrictions being lifted, Asher began driving short distances in his neighborhood. In January, 1994, BBI made an offer of reinstatement to Asher, whereby he would have been reinstated as a Credit Review Officer II on the regional travel team with the same salary, same seniority, and same salary grade level as when he was terminated on December 31, 1992. In addition, a procedure was implemented whereby Asher could report directly to Janice Gurny, Director of Human Resources for BBI in the Jacksonville office, any complaints regarding harassment on the part of his supervisors. Asher received the offer but did not contact anyone at BBI regarding the offer of reinstatement. Asher did not take the offer because it was a Credit Review Officer II position (he was under the impression he was a Credit Review Officer III at the time of his termination); he felt the environment was hostile; and he had his house on the market to sell.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a Final Order denying the Petition for Relief. DONE AND ENTERED this 8th day of June, 1994, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 June, 1994. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-5815 To comply with the requirements of Section 120.59(2), Florida Statutes (1993), the following rulings are made on the parties' proposed findings of fact: Petitioner's Proposed Findings of Fact Paragraph 1: Accepted in substance. Paragraph 2: Accepted. Paragraphs 3: The first sentence is accepted in substance. The second sentence is rejected as constituting argument. The third sentence is accepted to the extent that Petitioner received two letters which advised him of his increase in salary and thanked him for his hard work and professionalism and advised him that the bank was glad that he was on the team. Paragraph 4: Accepted in substance. Paragraph 5: The first three sentences are accepted in substance. The last sentence is accepted to the extent that the methods to review loans were basically the same but rejected to the extent that the only changes were in the format of the loan review reporting process. Paragraphs 6-7: Accepted in substance. Paragraph 8: The third, fourth, and fifth sentences are rejected as constituting argument. The remainder of the paragraph is accepted in substance. Paragraph 9: Rejected as subordinate to the facts actually found. Paragraphs 10-11: Accepted in substance. Paragraph 12: The last sentence is rejected to the extent that it implies that Asher was rated on work for which he was not performing. He was doing the job of a level III but his personnel file reflected that he officially was placed in a level II position. The remainder of the paragraph is accepted in substance. Paragraph 13: Rejected as constituting argument. Paragraphs 14-16: Accepted in substance. Paragraph 17: The first sentence is rejected as recitation of testimony. The remainder of the paragraph is rejected as constituting argument. Paragraph 18: The first, second, sixth, and tenth sentences are rejected as not supported by the greater weight of the evidence. The third, fourth, fifth, eighth and ninth sentences are accepted in substance except as to the reference to the placement on the travel team as a demotion. The seventh sentence is rejected as unnecessary. Paragraph 19: The first sentence is rejected as not supported by the greater weight of the evidence. The second sentence is accepted. The last sentence is rejected as recitation of testimony. Paragraphs 20-23: Rejected as recitation of testimony and constituting argument. Paragraph 24: Rejected as constituting argument. Paragraph 25: The first, second, third, and fourth sentences are accepted in substance. The fifth, sixth, and seventh sentences are rejected as not supported by the greater weight of the evidence. The eight sentence is rejected as constituting argument. The ninth sentence is rejected as not supported by the greater weight of the evidence in that the charge against Asher was his failure to catch Mr. Clapp's errors before the report left the Palm Beach office. The last sentence is rejected as irrelevant. Paragraph 26: The first sentence is rejected as subordinate to the facts actually found. The second sentence is rejected as not supported by any evidence. The remainder of the paragraph is accepted in substance. Paragraph 27: Accepted in substance. Paragraph 28: The first, third, and fourth sentences are accepted in substance. The second and fifth sentences are rejected as subordinate to the facts actually found. Paragraph 29: The first sentence is accepted. The remainder of the paragraph is rejected as subordinate to the facts actually found. Paragraph 30: The first sentence is accepted in substance. The remainder of the paragraph is rejected as subordinate to the facts actually found. Paragraph 31: Rejected as mere recitation of testimony. Paragraph 32: Rejected as mere recitation of testimony. Paragraph 33: Rejected as subordinate to the facts actually found. Paragraph 34: Accepted in substance. Paragraph 35: Rejected as subordinate to the facts actually found. Paragraph 36: The first and second sentences are accepted in substance. The remainder of the paragraph is rejected as subordinate to the facts actually found. Paragraph 37: Rejected as constituting argument. Paragraph 38: Rejected as subordinate to the facts actually found. Paragraph 39: Rejected as constituting argument. Paragraph 40: Rejected as subordinate to the facts actually found. Paragraph 41: Accepted. Paragraphs 42: Rejected as subordinate to the facts actually found. Paragraph 43: The first sentence is rejected as not supported by the greater weight of the evidence as it applies to the time period from June, 1992 to June, 1993. The second sentence is accepted. The remainder of the paragraph is accepted in substance. Paragraph 44: Rejected as subordinate to the facts actually found. Respondent's Proposed Findings of Fact Paragraph 1: Accepted. Paragraphs 2-13: Accepted in substance. Paragraph 13: Accepted in substance. Paragraph 14: The first sentence is rejected as constituting argument. The remainder of the paragraph is accepted in substance. Paragraph 15: Accepted in substance. Paragraph 16: The first two sentences are accepted in substance. The remainder of the paragraph is rejected as constituting argument. Paragraphs 17-18: Accepted in substance. Paragraph 19: The first sentence is accepted. The remainder of the paragraph is accepted in substance. Paragraph 20: The first sentence is accepted. The remainder of the paragraph is rejected as unnecessary. Paragraphs 21: The sixth sentence is rejected as constituting argument. The remainder of the paragraph is accepted in substance. Paragraphs 22-24: Accepted in substance. Paragraph 25: The first sentence is accepted in substance. The third sentence is rejected as not supported by the greater weight of the evidence. The remainder of the paragraph is rejected as subordinate to the facts actually found. Paragraphs 26-27: Accepted in substance. Paragraph 28: The first sentence is accepted in substance. The remainder of the sentence is rejected as subordinate to the facts actually found. Paragraph 29: Accepted in substance. Paragraphs 30-34: Rejected as subordinate to the facts actually found. Paragraph 35-39: Accepted in substance. COPIES FURNISHED: James E. Moye, Esquire Patrick J. Kennedy, Esquire 201 East Pine Street, Suite 710 Orlando, Florida 32801 Richard Tannenbaum, Esquire Shea & Tannenbaum 204 Brazilian Avenue, Suite 210 Palm Beach, Florida 33480 Sharon Moultry, Clerk Commission on Human Relations 325 John Knox Road, Building F, Suite 240 Tallahassee, Florida 32303-4149 Dana Baird General Counsel Commission on Human Relations 325 John Knox Road, Building F, Suite 240 Tallahassee, Florida 32303-4149
Findings Of Fact Respondent 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 Respondent, Petitioner's Exhibit 2). Respondent's wife, 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 1) The following findings relate to Count I of the Administrative Complaint. On August 6, 1980, Stephen W. Sissitka, of Zephyrhills, Florida, made application to the Cotton Belt Insurance Company for appearance bends 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 Respondent, S. Sissitka, Respondent's Exhibits 1,2). On August 6, 1980, Respondent, as agent for Cotton Belt Insurance Company, issued the requested bonds in the total amount of $2,500.00 (Testimony of Respondent, 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 Respondent 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 Respondent about his inability to keep up with Sissitka's whereabouts, and wanted to have him returned to custody. As a result, Respondent and Phillips had a meeting with Sissitka on October 7, 1980, at which time the Respondent reminded Sissitka of his obligations to report any changes of address or employment and imposed the requirement that Sissitka "check in" with Respondent'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 Respondent and Phillips notified of his whereabouts. (Testimony of Respondent, 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. Respondent 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 Respondent'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 Respondent 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 Respondent. 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 Respondent on October 7. Sissitka told her that he was tired of being harassed not only by Respondent, 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 Respondent about it first. She went into the adjoining private office of Respondent, telephoned him and informed him of the situation. Respondent 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. Respondent 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 Respondent, 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 Respondent's 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 Respondent 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 Respondent, B. Sponheim, Kelly, Brown, Shytle, Petitioner's Exhibits 5,6) The following findings relate to Counts III through XXII and are based solely upon the testimony of witnesses contained in the transcript of proceedings before the Pasco County Court in Case No. 800995MMAES: For several years prior to December, 1979, Respondent had had an oral agreement with the student government association of St. Leo College under which he agreed to provide bonds for arrested students of the college upon his verification with college authorities that they were students in good standing. During the three years prior to December 11, 1979, Respondent had bonded about 31 students pursuant to his agreement. In the fall of 1979, Respondent renewed the agreement with the then president of the student government association, Curt Reilly. The agreement provided that Respondent would bond out any student from St. Leo College who was arrested and contacted the Respondent's office, provided that Respondent determined then from Reilly, or in his absence, from Charles Gordon, the college chief of security, that the student attended St. Leo College and was in good standing. The association agreed to guarantee or underwrite the bond premium if not paid by the arrested individual or someone in his behalf. Although the testimony of Respondent and Reilly was conflicting with respect to the terms of the bonding arrangement, the above version is based on Respondent's testimony which was corroborated, and is deemed credible. It is not uncommon in the bail bond business for a relative or friend of an arrested individual to make a request for bond to a bondsman, or for a bondsman to have an arrangement with an organization to provide bonds for members. (Testimony of Respondent, Reilly, Gordon, Taylor, Roche (Hearing Officer Exhibit 1) On December 11, 1979, a large number of student arrests were made at the St. Leo College campus as a result of an investigation initiated by the security officer of the college and the St. Leo Police Department. The charges involved various offenses involving possession and sale of controlled drugs. On December 11, Respondent was approached by several students who asked him to bond out several of the arrested students who were their friends. Thereafter, during the course of the day, other students requested that friends be bonded out of jail by Respondent. These requests came primarily to Respondent's wife who had been called into the office to make the appropriate contacts with St. Leo College. Although she tried to reach Curt Reilly to verify the student status, she was unable to reach him and thereafter dealt with the security office. Respondent went back and forth from the jail bonding out students as he received verification of their status from his wife. He was assisted in this regard by Andy Anderson, another bondsman employed in his office. All but two of the arrested students were bonded out at the request of others, and not by requests to Respondent by the students themselves. In one instance, the personnel at the security office told Respondent's wife that the individual was not in good standing. As a consequence, he was not bonded out pursuant to the arrangements with the college, but was later bonded based on the request of his brother who made the necessary arrangements for collateral. (Testimony of Gordon, Respondent, B. Sponheim, Anderson (Hearing Officer's Exhibit l)) St. Leo College students who were bonded out by Respondent on December 11th included Margaret O'Connell, Sally Sciulli, Gina Catalano, John Conte, David Ruiz, Susan Halpin, Daniel Kenyon, John Bennis, John Curci, Jr., Daniel Fontaine, and Steven Long. In all cases except that of Long, the students, after being booked, were informed by jail personnel that they were being bonded out. At that point, they were met by either Respondent or Anderson in or about the jail, and were taken to Respondent's office. John Conte saw Respondent as he was entering the jail and Respondent asked if he was "John." When Conte replied that he was, Respondent said "I'll have you out in a couple of hours", and Conte said "o.k., fine." Susan Halpin had inquired of jail personnel as to how she was going to get out of jail, and saw Respondent standing in the vicinity. He stated "don't worry about that, I'm getting you out of here right now. John Curci had made arrangements with a friend to bail him out, but prior to the friend's arrival, jail personnel released him and he met Respondent who proceeded to take him to his office for bonding arrangements. Steven Long asked Mr. Gordon, the college security officer, at the jail as to how he was going to be released and Gordon said "don't worry about it, we'll take care of it." At the jail, an official gave Long the telephone numbers of Respondent and another bondsman. Long then called Respondent's office to arrange for bond. The person who answered the phone in Respondent's office told him that Respondent was on his way over to the jail at that time. (Testimony of Gordon, O'Connell, Sciulli, Catalano, Conte, Ruiz, Halpin, Kenyon, Bennis, Curci, Kuzdale, Fontaine, Long (Hearing Officer's Exhibit 1))
Recommendation That the Department of Insurance dismiss the complaint against Respondent James Leroy Sponheim. DONE and ENTERED this 23rd day of June, 1982, in Tallahassee, Florida. THOMAS C. OLDHAM 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 23rd day of June, 1982. COPIES FURNISHED: Clark R. Jennings, Esquire Department of Insurance 413B Larson Building Tallahassee, Florida 32301 Ben W. Thompson, Esquire Post Office Box 466 Dade City, Florida 33525 Honorable Bill Gunter Insurance Commissioner The Capitol Tallahassee, Florida 32301
