Oct 23 2006 8:52 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 23 2666 88:46AM P3 DEPARTMENT OF FINANCIAL SERVICES FILED TOM GALLAGHER CHIEF FINANCIAL OFFICER AUG 8 2006 STATE OF FLORIDA Dooksied by sees IN THE MATTER OF: m, CASE NO.: 84545-06-AG ALBERTA MITCHELL ADMINISTRATIVE COMPLAINT TO: ALBERTA MITCHELL 114 Royal Park Drive, Apt. 4C Fort Lauderdale, Florida 33309 ALBERTA MITCHELL c/o Florida No Fault 3900 West Commercial Blvd., Suite 100 Tamarac, Florida 33309 You, ALBERTA MITCHELL, are hereby notified that the Chief Financial Officer of the State of [florida has caused to be made an investigation of your activities while licensed as an insurance agent in this state and as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, ALBERTA MITCHELL, currently are licensed in this state as a life including variable annuity (2-14), life (2-16), and general lines (2-20) agent, and were so licensed at all times relevant to the dates and occurrences referenced herein. Your license identification number is A181022. 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (hereinafier referred to as the “Department”) has jurisdiction over your licenses and appointments, Oct 23 2006 8:52 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 23 2666 8:46AM P4 3. At all times relevant to the dates and occurrences referenced herein you, ALBERTA MITCHELL were employed or affiliated with Direct General Insurance Agency, Inc., a Tennessee corporation, doing business in Florida as Florida No Fault. COUNT I 4, The above General Allegations are hereby realleged and fully incorporated herein by refercnce. 5. On or about January 26, 2005, you, ALBERTA MITCHELL, sold Shundria Williams Term Life Insurance without her informed consent. IT 18 THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are accountable under one or moré of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) No person shall transact insurance in this state, or relative to a subject of insurance resident, located, or to be performed in this state, without complying with the applicable provisions of this code. [Section 624.11(1), Florida Statutes}. (b) If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code, [Section 626.61 1(4), Florida Statutes]. (c) Nemonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]. (d) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]. Oct 23 2006 $:53 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 23 2666 HE:47AM PS 4 (e) Willful failure to comply with, or willful violation of, any proper order or rule of the department, commission, or office or willful violation of any provision of this code. [Section 626,611(13), Florida Statutes]. | (f) Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Section 626.621(2), Florida Statutes]. (g) Violation of any lawful order or rule of the department, commission, or office. [Section 626.621(3), Florida Statutes]. (h) Inthe conduct of business under the license or appointment, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part TX of this chapter, or having otherwise shown himself or herself to be a source of injury or loss to the public or detrimental to the public interest. [Section 626.621(6), Florida Statutes], (i) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 626.951 or s. 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance. [Section 626.9521(1), Florida Statutes]. (j) Representing to the applicant that a specific ancillary coverage or product is required by law in conjunction with the purchase of insurance when such coverage or product is not required. [Section 626.9541(1)(z)1., Florida Statutes]. (k) Representing to the applicant that a specific ancillary coverage or product is included in the policy applied for without an additional charge when such charge is required. [Section 626.9541(1)(z)2., Florida Statutes] Oct 23 2006 $:53 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 23 2666 88:47AM Pe (1) Charging an applicant for a specific ancillary coverage or product, in addition to the cost ofthe insurance coverage applied for, without the informed consent of the applicant. [Section 626.9541(1)(z)3., Florida Statutes]. | COUNT II 6. The above General Allegations are hereby realleged and fully incorporated herein by reference. 7. On or about January 26, 2005, you, ALBERTA MITCHELL, sold Shundria Williams an Accident Medical Protection Plan without her informed consent. IT IS THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 624.11(1), 626.611(4), 626.611(7), 626.61 1(9), 626.611(13), 626.621(2), 626,621(3), 626.621(6), 626.9521(1), 626.9541(1)(z)1., 626.9541(1)(z)2., and 626.9541(1)(z)3., Plorida Statutes, which are more fully set forth in Count T above and fully incorporated herein by reference, COUNT III 8. The above General Allegations are hereby realleged and fully incorporated herein by reference. 9 On or about January 26, 2005, you, ALBERTA MITCHELL, sold Shundria Williams a Travel Protection Plan without her informed consent. IT IS THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which Oct 23 2006 $:53 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 23 2666 HE:47AM Pr constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 624.11(1), 626.611(4), 626.611(7), 626.611(9), 626.611(13), 626.621(2), 626.62 1(3), 626.621(6), 626:9521(1), 626.9541(1)(z)1., 626.9541(1)(z)2., and 626.9541 (1)(z)3., Florida Statutes, which are more fully set forth in Count | above and fully incorporated herein by reference. COUNT IV 10. The above General Allegations are hereby realleged and fully incorporated herein by reference. 11. On or about March 21, 2005, you, ALBERTA MITCHELL, sold Nickson Jean Baptiste Term Life Insurance without his informed consent. IT IS THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 624.11(1), 626.611(4), 626.611(7), 626.611(9), 626.611(13), 626.621(2), 626.621(3), 626.621(6), 626.9521(1), 626.9541(1)(2)1., 626.9541 (1)(7)2., and 626.9541(1)(z)3., Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. . COUNT V 12. The above General Allegations are hereby realleged and fully incorporated herein | by reference. Oct 23 2006 3:54 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 23 2666 88:46AM Pe 13. On or about March 21, 2005, you, ALBERTA MITCHELL, sold Nickson Jean Baptiste an Accident Medical Protection Plan without his informed consent. TT 18 THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are accountable under onc or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 624.11(1), 626.611(4), 626.611(7), 626.611(9), 626.611(13), 626.621(2), 626.621(3), 626.621(6), 626.9521(1), 626.9541(1)(z)1., 626.9541 (1)(z)2., and 626.9541(1)(z)3., Florida Statutes, which are more fully sct forth in Count I above and fully incorporated herein by reference, COUNT V1 14. The above General Allegations are hereby realleged and fully incorporated herein by reference. 15. On or about March 21, 2005, you, ALBERTA MITCHELL, sold Nickson Jean Baptiste a Travel Protection Plan without his informed consent. IT IS THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 624.11(1), 626.611(4), 626.611(7), 626.611(9), 626.611(13), 626.621(2), : 626.621(3), 626.621(6), 626,9521(1), 626.9541(1)(z)1., 626.9541(1)(z)2., and 626.9541(1)(7)3., Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. Oct 23 2006 3:54 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 23 2666 8:46AM Pa COUNT VII 16. The above General Allegations are hereby realléged and fully incorporated herein by reference. 17. On or about April 29, 2005, you, ALBERTA MITCHELL, sold Paul Booker an Accident Medical Protection Plan without his informed consent. IT I8 THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as.an insurance agent in this state: (a) Sections 624.11(1), 626.611(4), 626.611(7), 626.61 1(9), 626.611(13), 626.621(2), 626,.621(3), 626.621(6), 626,9521(1), 626.9541(1)(z)1., 626.9541(1)(z)2., and 626.9541 (1)(z)3., Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT VIN 18. The above General Allegations are hereby realleged and fully incorporated herein by reference, 19, On or about April 29, 2005, you, ALBERTA MITCHELL, sold Paul Booker Travel Protection Plan without his informed consent. IT IS THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are accountable under one ot more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this State: Oct 23 2006 3:54 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 23 2866 8:46AM Pla (a) Sections 624.11(1), 626.611(4), 626.611(7), 626.611(9), 626.611(13), 626.621(2), 626.621(3), 626.621(6), 626,9521(1), 626.9541(1)(z)1., 626.9541(1)(z)2., and 626.9541(1)(z)3., Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT IX 40. The above General Allegations are hereby realleged and fully incorporated hercin by reference. 21. Onor about April 30, 2005, you, ALBERTA MITCHELL, sold Antoinette Murray a Travel Protection Plan without her informed consent. IT IS THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 624.11(1), 626.611(4), 626.611(7), 626.611(9), 626.611(13), 626.621(2), 626.621(3), 626,621(6), 626,9521(1), 626.9541(1)(z)1., 626.9541(1)(z)2., and 626.9541(1)(z)3., Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference, WHEREFORE, you, ALBERTA MITCHELL, are hercby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appoiittments as an Insurance agent, or to impose such penalties as may be provided under the provisions of Sections 624.15, 626.611, 626.621, 626.681, 626.691, and 626.9521, Morida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint and under the provisions of Rule 69B-231, Florida Administrative Oct 23 2006 $:55 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 23 2666 8:49AM Pil Code. You are further notified that any order entered in this case revoking or suspending any ' license or eligibility for licensure held by you shall also apply to all other licenses and eligibility held by you under the Florida Insurance Code, NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department pursuant to Sections 120.569 and 120,57, Florida Statutes, and Rule 28-107, Mlorida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel as acting Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written response must be received by the Department no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to a hearing. YOUR FAILURE TO RESPOND IN WRITING WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-107.004, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specilically, your response must contain: (a) The name and address of the party making the request, for purpose of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and, 9 Oct 23 2006 $:55 FROM : DEPT OF FINANCIAL SERVICES FAX NO. 285845 749R7? Oct. 23 2666 BS:49AM Pil2 : (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. if a hearing of any type is requested, you have the right to be represented by counsel or other qualified representutive at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. Ifa proceeding is requested and there is no dispute of material fact, the provisions of . Section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department has relied, While a hearing is notmally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. However, if you dispute material facts which are the basis for the Department’s action, you must request an adversarial proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes. These proceedings are held before a State admini strative law judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the heating be conducted in Tallahassee, Florida, Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied, All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as sct out above. 10 Oct 23 2006 $:55 FROM = DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Oct. 23 2666 BE:49AM Pisa Mediation of this matter pursuant to Section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department of Financial Services. DA'TED and SIGNED tris Spd day LL MG Uanr J _,2006. a i % et KAREN CHANDLER Deputy Chief Financial Officer 11 Oct 23 2006 3:56 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 23 2666 BS:58AM P14 CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to; ALBERTA MITCHELL 114 Royal Park Drive, Apt. 4C Fort Lauderdale, Florida 33309-6535 ALBERTA MITCIIELL c/o Horida No Fault 3900 West Commercial Blvd., Suite 100 Tamarac, Florida 33309-3318 by Certified Mail ini “Sal ay of 2006. Greg S. Florida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building ‘Tallahassee, Mlorida 32399-0333 (850) 413-4180 Florida Bar Number 131369

Docket for Case No: 06-004125PL

Orders for Case No: 06-004125PL