10-009401PL Department Of Financial Services vs. Ahizer Alvarez Status: Closed Recommended Order on Tuesday, April 5, 2011.

Summary: Respondent violated numerous provisions of bail bond laws, thereby, justifying revocation of his license.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF FINANCIAL )

SERVICES , )

)

Petitioner , )

)

vs. ) Case No. 10 - 9401PL

)

AHIZER ALVAREZ , )

)

Respondent . )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this case

on December 9, 2010, by video teleconference at sites in

Tallahassee and Ft. Myers, Florida, before J. D. Parrish, a

duly - designated A dministrative L aw J udge of the Division of

Administrative Hearings .

A PPEARANCES

For Petitioner: Thomas A. David, Esquire

Department of Financial Services

Division of Legal Services

200 East Gaines Street

612 Larson Building

Tallahassee, F lorida 32399 - 0333

For Respondent: Ahizer Alvarez, pro se

1023 Alvin Avenue

Lehigh Acres, Florida 33971

STATEMENT OF THE ISSUE S

Whether the Respondent, Alizer Alvarez (Respondent),

committed the violations alleged in t he Administrative

Complaint, and, if so, what penalty should be imposed.

PRELIMINARY STATEMENT

On December 30, 2009, Petitioner, Department of Financial

Services (Petitioner or Department), issued an Administrative

Complaint against the Respondent that al leged violations of

Chapter 648, Florida Statutes (2009). More specifically, the

Department alleged numerous violations of law set forth in the

four - count complaint; all stemmed from RespondentÓs operation of

bail bond business. Count I of the complaint averred facts

regarding an inmate named Baker. In dealing with Inmate Baker,

Petitioner claimed Respondent had: directly or indirectly

solicited business in or on the property or grounds of a jail;

demonstrated a lack of one or more qualifications for li cense or

appointment; willfully failed to comply with or willfully

violated any proper order or rule of the Department; violated a

law related to the business of bail bond insurance; and was a

source of injury or loss to the public or detrimental to the

pu blic interest. Count II also concerned Inmate Baker and

alleged Respondent allowed a temporary licensee to engage in

activities that required supervision; had willfully sought to

circumvent requirements of the insurance code; demonstrated a

lack of fitnes s or trustworthiness to engage in the bail bond

business; engaged in fraudulent or dishonest practices;

willfully failed to comply with a rule or provision of the

insurance law; and violated any law related to the business of

bail bond insurance. Count II I alleged violations of the bail

bond business related to RespondentÓs dealings with an inmate

named Malfregeot. With regard to this inmate, Petitioner

asserted Respondent directly or indirectly solicited business in

or on the property or grounds of a jai l; demonstrated a lack of

one or more qualifications for license or appointment;

demonstrated a lack of fitness or trustworthiness to engage in

the bail bond business; willfully failed to comply with or

willfully violated any proper order or rule of the De partment;

violated a law related to the business of bail bond insurance;

and was a source of injury or loss to the public or detrimental

to the public interest. Finally, Count IV alleged that

Respondent violated other provisions of the bail bond insurance

law that required: the owner o r operator of a bail bond agency

to designate a primary bail bond agent for each location and a

licensee to comply with proper order, rule, or provision of law

of the insurance code.

Respondent timely challenged the allegati ons of the

Administrative Complaint. The matter was forwarded to the

Division of Administrative Hearings (DOAH) for formal

proceedings on September 30, 2010. Thereafter , the case was

promptly scheduled for hearing.

At the hearing, Petitioner presented th e testimony of

Petitioner, Laticia Barnes, Melanie Onash, Justin Malregeot,

Kathryn Malfregeot, Patricia Froebe, Melissa Monhollen, Jennifer

Mudge, Laurel Raulerson, and Juanita Midgett. PetitionerÓs

Exhibits one through 15 were admitted into evidence.

Respondent testified on his own behalf. The T ranscript of the

proceedings was filed with DOAH on January 6, 2011. The parties

were granted ten days within which to file Proposed Recommended

Orders.

FINDINGS OF FACT

1. Petitioner is the state agency ch arged with the

responsibility and authority to regulate insurance and

insurance - related activities. Limited surety licensees, bail

bond agents, are included within the PetitionerÓs authority.

2. At all times material to the issues of this case,

Responden t has been licensed as a limited surety agent.

RespondentÓs license number is E177613. At all times material

to the allegations of this case , Respondent operated as a bail

bond agent.

3. At all times material to the issues of this case,

Respondent condu cted 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.

4 . Annette Lilian Alvarez was licensed in Florida as a

temporary bail bond agent. Ms. AlvarezÓs license number is

P153920. At all times material to this case, Ms. Alvarez was

employed by and appointed as a temporary agent with Respondent.

5. The allegat ions 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.

6. Respo ndent issued four appearance bonds to obtain

Inmate BakerÓs 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.

7. Within 2 4 hours of facilitating Inmate BakerÓs release

by posting the bonds, Respondent took action to return her to

jail.

8. Ms. Alvarez presented Inmate Baker through the jail

entrance and processed her back into custody. In order to do

so, paperwork was comp leted and exchanged with jail staff. With

regard to Inmate BakerÓs return, Ms. Alvarez signed the bail

bond agent form and turned Inmate Baker over to the jail staff.

9. Respondent did not sign the bail bond form regarding

Inmate BakerÓs return. Additio nally, Respondent did not

accompany Ms. Alvarez into the jail where Inmate Baker was

turned over to jail staff and processed back into custody.

RespondentÓs claim that he accompanied Ms. Alvarez in this

endeavor has not been deemed credible.

10. Counts I II and IV of the Administrative Complaint

pertain to Inmate Malfregeot.

11. On or about May 6, 2009, Inmate Malfregeot was booked

into the Lee County, Florida , jail. Inmate MalfregeotÓs bond

was set at $1,000.00. Inmate Malfregeot telephoned his mother

and asked her to arrange bond so that he could be released.

12. Without being asked by the Malfregeot family,

Respondent wrote and posted the bond to secure Inmate

MalfregeotÓs release. Respondent left a document instructing

Inmate Malfregeot to report t o Sunshine State within 24 hours of

his release. The document was given to Inmate Malfregeot on the

jail grounds.

13. RespondentÓs business card was provided to Inmate

MalfregeotÓs mother when she was on the jail grounds.

14. Inmate MalfregeotÓs 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.

15. The USFIC bond included a notation written by

Respondent that st ated , " court notices were to be provided to

Bond Out Now BB at the address noted above. "

16. Respondent was not designated as a primary bond agent

for Bond Out Now BB.

17. 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.

18. 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.

CONCLUSIONS OF LAW

19. DOAH has jurisdiction over the parties to and the

subject matter of this proceeding. §§ 120.560 and 120.57, Fla.

Stat. (2009).

20. Petitioner has the burden of proving the specific

allegations of fact th at support its charges by clear and

convincing evidence. See Dep't of Banking & Fin. , Div . of Sec .

& Inv . Prot . v. Osborne Stern & Co. , 670 So. 2d 932 (Fla. 1996);

Ferris v. Turlington , 510 So. 2d 292 (Fla. 1987); and Pou v.

Dep't of Ins. & Treasurer , 70 7 So. 2d 941 (Fla. 3d DCA 1998).

21. Clear and convincing evidence as described by the

court in Evans Packing Co. v. Dep't of Agric. & Consumer Servs. ,

550 So. 2d 112, 116, n. 5 (Fla. 1st DCA 1989), is:

. . . [C]lear and convincing evidence

requires that the evidence must be found to

be credible; the facts to which the

witnesses testify must be distinctly

remembered; the evidence must be precise and

explicit and the witnesses must be lacking

in confusion as to the facts in issue. The

evidence must be of s uch weight that it

produces in the mind of the trier of fact

the firm belief or conviction, without

hesitancy, as to the truth of the

allegations sought to be established.

Slomowitz v. Walker , 429 So. 2d 797, 800

(Fla. 4th DCA 1983).

See also In re Grazia no , 696 So. 2d 744 (Fla. 1997); In re

Davey , 645 So. 2d 398 (Fla. 1994); and Walker v. Fla . Dep ' t of

Bus . & Prof ' l Reg . , 705 So. 2d 652 (Fla. 5th DCA 1998)(Sharp,

J., dissenting).

22. Section 648.25, Florida Statutes , provides:

Definitions. Ï As used in thi s chapter,

the term:

(1) ÐBail bond agencyÑ means:

(a) The building where a licensee

maintains an office and where all records

required by ss. 648.34 and 648.36 are

maintained; or

(b) An entity that:

1. Charges a fee or premium to release

an accuse d defendant or detainee from jail;

or

2. Engages in or employs others to

engage in any activity that may be performed

only by a licensed and appointed bail bond

agent.

(2) ÐBail bond agentÑ means a limited

surety agent or a professional bail bond

agent as hereafter defined.

(3) ÐManaging general agentÑ means any

individual, partnership, association, or

corporation appointed or employed by an

insurer to supervise or manage the bail bond

business written in this state by limited

surety agents appointed by the insurer.

(4) ÐInsurerÑ means any domestic,

foreign, or alien surety company which has

been authorized to transact surety business

in this state.

(5) ÐLimited surety agentÑ means any

individual appointed by an insurer by power

of attorney to exec ute or countersign bail

bonds in connection with judicial

proceedings who receives or is promised

money or other things of value therefor e .

(6) ÐPrimary bail bond agentÑ means a

licensed bail bond agent who is responsible

for the overall operation and ma nagement of

a bail bond agency location and whose

responsibilities include hiring and

supervising all individuals within that

location. A bail bond agent may be

designated as primary bail bond agent for

only one bail bond agency location.

(7) ÐProfessio nal bail bond agentÑ

means any person who pledges United States

currency, United States postal money orders,

or cashierÓs checks as security for a bail

bond in connection with a judicial

proceeding and receives or is promised

therefor e money or other thing s of value.

(8) ÐTemporary bail bond agentÑ means

a person employed by a bail bond agent or

agency, insurer, or managing general agent,

and such licensee has the same authority as

a licensed bail bond agent, including

presenting defendants in court;

appr ehending, arresting, and surrendering

defendants to the proper authorities, while

accompanied by a supervising bail bond agent

or an agent from the same agency; and

keeping defendants under necessary

surveillance. However, a temporary licensee

may not exe cute or sign bonds, handle

collateral receipts, or deliver bonds to

appropriate authorities. A temporary

licensee may not operate an agency or branch

agency separate from the location of the

supervising bail bond agent, managing

general agent, or insurer b y whom the

licensee is employed. This does not affect

the right of a bail bond agent or insurer to

hire counsel or to obtain the assistance of

law enforcement officers.

23. Section 648.355, provides, in part:

Temporary limited license as limited

surety agent or professional bail bond

agent; pending examination. Ï

(1) The department may, in its

discretion, issue a temporary license as a

limited surety agent or professional bail

bond agent, subject to the following

conditions:

* * *

(e) The app licant must be employed

full time at the time of licensure, and at

all times throughout the existence of the

temporary license, by only one licensed and

appointed supervising bail bond agent, who

supervises the work of the applicant and is

responsible for the licenseeÓs conduct in

the bail bond business. The applicant must

be appointed by the same insurers as the

supervising bail bond agent. The

supervising bail bond agent shall certify

monthly to the department under oath, on a

form prescribed by the dep artment, the names

and hours worked each week of all temporary

bail bond agents. Filing a false

certification is grounds for the immediate

suspension of the license and imposition of

a $5,000 administrative fine. The

department may adopt rules that estab lish

standards for the employment requirements.

* * *

(h) The applicantÓs employer is

responsible for the bail bonding acts of any

licensee under this section.

* * *

(7) In no event shall a temporary

licensee licensed under this secti on perform

any of the functions for which a bail bond

agentÓs license is required after expiration

of the temporary license without having

passed the written examination as for a

regular bail bond agentÓs license.

(8)(a) A temporary licensee has the

same authority as a licensed bail bond

agent, including presenting defendants in

court; apprehending, arresting, and

surrendering defendants to the proper

authorities; and keeping defendants under

necessary surveillance. However, a

temporary licensee must be accompanied by a

supervising bail bond agent or an agent from

the same agency when apprehending,

arresting, or surrendering defendants to

authorities.

(b) A temporary licensee may not

execute or sign bonds, handle collateral

receipts, deliver bonds to ap propriate

authorities, or operate an agency or branch

agency separate from the location of the

supervising bail bond agent, managing

general agent, or insurer by whom the

licensee is employed.

24. Section 648.387, provides:

Primary bail bond agents; duti es. Ï

(1) The owner or operator of a bail

bond agency shall designate a primary bail

bond agent for each location, and shall file

with the department the name and license

number of the person and the address of the

location on a form approved by the

depar tment. The designation of the primary

bail bond agent may be changed if the

department is notified immediately. Failure

to notify the department within 10 working

days after such change is grounds for

disciplinary action pursuant to s. 648.45 .

(2) The primary bail bond agent is

responsible for the overall operation and

management of a bail bond agency location,

whose responsibilities may include, without

limitations, hiring and supervising of all

individuals within the location, whether

they deal with t he public in the

solicitation or negotiation of bail bond

contracts or in the collection or accounting

of moneys. A person may be designated as

primary bail bond agent for only one

location.

(3) The department may suspend or

revoke the license of the ow ner, operator,

and primary bail bond agent if a bail bond

agency employs, contracts with, or uses the

services of a person who has had a license

denied or whose license is currently

suspended or revoked. However, a person who

has been denied a license for failure to

pass a required examination may be employed

to perform clerical or administrative

functions for which licensure is not

required.

(4) An owner, operator, or primary

agent may not employ, contract with, or use

the services of any person in a ba il bond

agency who has been charged with, found

guilty of, or pled guilty or nolo contendere

to a felony or a crime punishable by

imprisonment of 1 year or more under the law

of any jurisdiction, without regard to

whether judgment was entered or withheld b y

the court.

(5) A bail bond agency location may

not conduct surety business unless a primary

bail bond agent is designated at all times.

The failure to designate a primary agent on

a form prescribed by the department, within

10 working days after an ag encyÓs inception

or a change of primary agent, is a violation

of this chapter, punishable as provided in

s. 648.45 .

25. Section 648.44, p rovides in part:

Prohibitions; penalty. Ï

(1) A bail bond agent or temporary

bail bond agent may not:

* * *

(b) Directly or indirectly solicit

business in or on the property or grounds of

a jail, prison, or other place where

prisoners are confined or in or on the

property or grounds of any court. The term

ÐsolicitationÑ includes the distribution of

business cards, print advertising, or other

written or oral information directed to

prisoners or potential indemnitors, unless a

request is initiated by the prisoner or a

potential indemnitor. Permissible print

advertising in the jail is strictly limited

to a lis ting in a telephone directory and

the posting of the bail bond agentÓs or

agencyÓs name, address, and telephone number

in a designated location within the jail.

* * *

(i) Loiter in or about a jail,

courthouse, or where prisoners are confined.

* * *

(o) Attempt to collect, through threat

or coercion, amounts due for the payment of

any indebtedness related to the issuance of

a bail bond in violation of s. 559.72 .

(p) Conduct bail bond business with

any person, other than the defendant, on the

grounds of the jail or courthouse for the

purpose of executing a bond.

* * *

(4) A place of business, including a

branch office, may not be established,

opened, or maintained unless it is under the

active full - time charge of a licensed a nd

appointed bail bond agent.

* * *

(6) (a) No bail bond agency shall

advertise as or hold itself out to be a bail

bond or surety company.

(b) Any misleading or false

advertisement or deceptive trade practice is

prohibited as provided in part IX of chapter

626.

(c) The advertisement of reduced

premium rates is prohibited.

(d) After October 1, 2002, a bail bond

agency may not use a name that implies a

reduced rate of premium.

(e)1. A bail bond agent may not make

material misrepresentation s or omissions in

statements or use advertisements that

constitute material misrepresentations of

facts, create unjust expectations concerning

services, or make improper comparisons.

2. Bail bond agents may not own or

advertise under firm names that are false,

misleading, or deceptive, or use trade names

that imply a connection with any government

agency.

3. A bail bond agent may not use any

advertisement or advertise under any name

that includes the word ÐfreeÑ.

4. A bail bond agent may not advertise

under a trade name unless the name and

address appear on the agentÓs letterhead or

business cards. Such name must be

registered with the department.

(7) Any permissible advertising by a

bail bond agent or agency must include the

address of record filed with the department.

(8)(a) A person who has been convicted

of or who has pleaded guilty or no contest

to a felony or a crime involving moral

turpitude or a crime punishable by

imprisonment of 1 year or more under the law

of any state, territory, or cou ntry,

regardless of whether adjudication of guilt

was withheld, may not act in any capacity

for a bail bond agency or participate as a

director, officer, manager, agent,

contractor, or employee of any bail bond

agency or office thereof or exercise direct

o r indirect control in any manner in such

agency or office or own shares in any

closely held corporation which has any

interest in any bail bond business. Such

restrictions on engaging in the bail bond

business shall continue to apply during a

pending appe al.

(b) Any person who violates the

provisions of paragraph (a) or any person

who knowingly permits a person who has been

convicted of or who has pleaded guilty or no

contest to a crime as described in paragraph

(a) to engage in the bail bond business as

prohibited in paragraph (a) commits a felony

of the third degree, punishable as provided

in s. 775.082 , s. 775.083 , or s. 775.084 .

(c) Any law enforcement agency, state

attorneyÓs office, court clerk, or insurer

that is aware that a bail bond agent or

t emporary bail bond agent has been convicted

of or who has pleaded guilty or no contest

to a crime as described in paragraph (a)

shall notify the department of this fact.

(d) Upon the filing of an information

or indictment against a bail bond agent or

temp orary bail bond agent, the state

attorney or clerk of the circuit court shall

immediately furnish the department a

certified copy of the information or

indictment.

(9)(a) Any person who violates any

provisions of paragraph (1)(e), paragraph

(1)(f), parag raph (1)(g), paragraph (1)(j),

or paragraph (1)(n), or subsection (2)

commits a felony of the third degree,

punishable as provided in s. 775.082 , s.

775.083 , or s. 775.084 .

(b) Any person who violates the

provisions of paragraph (1)(a), paragraph

(1)(b), paragraph (1)(c), paragraph (1)(h),

paragraph (1)(k), paragraph (1)(m),

paragraph (1)(o), paragraph (1)(p),

subsection (3), subsection (4), or

subsection (5) commits a misdemeanor of the

first degree, punishable as provided in s.

775.082 or s. 775.083 .

2 6. Section 648.45, provides, in part:

Actions against a licensee; suspension

or revocation of eligibility to hold a

license. --

* * *

(2) The department shall deny,

suspend, revoke, or refuse to renew any

license or appointment issued under thi s

chapter or the insurance code, and it shall

suspend or revoke the eligibility of any

person to hold a license or appointment

under this chapter or the insurance code,

for any violation of the laws of this state

relating to bail or any violation of the

in surance code or if the person:

(a) Lacks one or more of the

qualifications specified in this chapter for

a license or appointment.

* * *

(d) Has willfully used, or intended

the use, of the license or appointment to

circumvent any of the requir ements or

prohibitions of this chapter or the

insurance code.

(e) Has demonstrated lack of fitness

or trustworthiness to engage in the bail

bond business.

(f) Has demonstrated lack of

reasonably adequate knowledge and technical

competence to engage in the transactions

authorized by the license or appointment.

(g) Has engaged in fraudulent or

dishonest practices in the conduct of

business under the license or appointment.

* * *

(j) Has willfully failed to comply

with or willfully violated any proper order

or rule of the department or willfully

violated any provision of this chapter or

the insurance code.

* * *

(p) Has demonstrated a course of

conduct or practices which indicate that the

licensee is incompetent, negligent, or

dishones t or that property or rights of

clients cannot safely be entrusted to him or

her.

(3) The department may deny, suspend,

revoke, or refuse to renew any license or

appointment issued under this chapter or the

insurance code, or it may suspend or revoke

the eligibility of any person to hold a

license or appointment under this chapter or

the insurance code, for any violation of the

laws of this state relating to bail or any

violation of the insurance code or for any

of the following causes:

* * *

(c ) Violation of any law relating to

the business of bail bond insurance or

violation of any provision of the insurance

code.

* * *

(e) Being found to be a source of

injury or loss to the public or detrimental

to the public interest or being foun d by the

department to be no longer carrying on the

bail bond business in good faith.

(f) Interfering or attempting to

interfere with the administration of

justice.

(4) Any licensee found to have

violated s. 648.44 (1)(b), (d), or (i) shall,

at a minimu m, be suspended for a period of 3

months. A greater penalty, including

revocation, shall be imposed if there is a

willful or repeated violation of s.

648.44 (1)(b), (d), or (i), or the licensee

has committed other violations of this

chapter.

(5) Grounds for revocation of the

license or appointment exist when any

licensee is adjudged bankrupt or insolvent.

(6) Suspension, revocation, and

refusal to renew a license or appointment

issued under this chapter is subject to the

procedures provided in s. 648.46 .

27. Section 648.46, provides:

Procedure for disciplinary action

against licensees. --

(1) The department shall investigate

the actions of a licensee when it receives a

written complaint containing allegations of

fact that, if true, show that a violati on of

this chapter, or a rule adopted pursuant

thereto, has occurred. The department shall

also investigate a licensee if the

department is made aware that a possible

violation of this chapter, or a rule adopted

pursuant thereto, has occurred. If the

dep artment determines that a violation of

this chapter or a violation of a rule

adopted pursuant to this chapter has

occurred, the department may file a formal

complaint against the licensee and prosecute

under chapter 120.

(2) Any proceeding for the purpos e of

summary suspension of a license pursuant to

s. 120.60(6) shall be conducted by the

department, which shall issue the final

summary order.

(3) The complaint and all information

obtained pursuant to the investigation of

the department are confidential and exempt

from the provisions of s. 119.07(1) until

such investigation is completed or ceases to

be active. For the purpose of this section,

an investigation is considered "active"

while the investigation is being conducted

by the department with a reas onable, good

faith belief that it may lead to the filing

of administrative, civil, or criminal

proceedings. An investigation does not

cease to be active if the department is

proceeding with reasonable dispatch and

there is good faith belief that action ma y

be initiated by the department or other

administrative or law enforcement agency.

28. The Department has established by clear and convincing

evidence that Respondent has violated numerous provisions of the

law. Specifically, it is concluded that Respo ndent directly or

indirectly solicited business in or on the property or grounds

of a jail. By leaving a business flyer and card for Inmate

Malfregeot , and by soliciting his mother on the jail grounds,

Respondent conducted business on the grounds of a jai l in

violation of law. Further, Respondent allowed a temporary

licensee to engage in activities that required supervision. The

testimony of jail staff has been deemed credible and persuasive

in the conduct of Ms. Alvarez returning Inmate Baker to the jai l

facility. Respondent did not accompany Ms. Alvarez as is

required by law. Next, it is concluded that Respondent

willfully sought to circumvent requirements of the insurance

code. By indirectly or directly soliciting bail bond business

at the jail, Res pondent willfully sought to circumvent the law.

Respondent also circumvented the law when he allowed Ms. Alvarez

to return an inmate to the jail. Respondent violated the law

when he wrote a bond on a company for whom he was not authorized

to issue bonds. Respondent operated an unregistered bail bond

business at the same location as another. Respondent was

authorized to conduct business only as Sunshine State, not Bail

Out Now BB. Taken in totality , the evidence in this case

clearly and convincingly est ablished Respondent lacks the

fitness or trustworthiness to engage in the bail bond business.

Respondent violated laws requiring the mandatory revocation of

his license.

29. Based upon the foregoing, given the pattern of conduct

and severity of the vio lations established, Petitioner has

proven by clear and convincing evidence that Respondent lacks

the trustworthiness to engage in bail bond business.

30. The public has an expectation of trust in a person

conducting bail bond business. It is concluded that Respondent

violated that trust.

RECOMMENDATION

It is recommended that the Department of Financial Services

enter a final order revoking RespondentÓs license as a limited

surety agent, license number E177613.

DONE AND ENTER ED this 5th day of April , 2 011 , 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 3 2399

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

NOTICE OF RIGHT TO SUBMIT EXCEPTIO NS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.