Roche Surety & Casualty Co. v. Department of Financial Services, Office of Insurance Regulation

STRINGER, Judge.

Roche Surety and Casualty Company, Inc., challenges the Department of Financial Services’ order concluding that Roche knowingly and willfully failed to pay buildup funds due a bail bond agent upon discharge of liabilities in violation of section *1140648.29(3), Florida Statutes (2003). We reverse.

Roche and Willie David entered an agency agreement under which Roche held build-up funds to secure open bail bond liabilities posted by David. They terminated their agreement in June 2000. In June 2001 David complained to the Department that Roche had not returned his build-up funds…