oe bee ee, wh Sle te LARRY RYLAND PARKER THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE ‘ i } in BILL NELSON IN THE MATTER OF: O6-HdD / ADMINISTRATIVE COMPLAINT TO: LARRY RYLAND PARKER, 601 Mooney Rd., NE Fort Walton Beach, FL 32547-1832 LARRY RYLAND PARKER Advanced Insurance 54 Beal Pkwy., NW Fort Walton Beach, FL 32548-4826 LARRY RYLAND PARKER P.O. Box 520 Fort Walton Beach, FL 32549-0520 FEB 10 2000 TREASURER AND | _SURANG MIS, CASE NQ: 28 99-AG Liha fy yey — You, LARRY RYLAND PARKER, are hereby notified that the Insurance Commissioner an insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS "of the State of Florida has caused to be made an investigation of your activities while licensed as L Pursuant to Chapter 626, Florida Statutes, you. LARRY ‘RYLAND PARKER, are currently licensed i in this state as a general lines property and casualty i insurance agent. \ eter Ata iain fiftee 2. At all Himel yirsuant to the dates and occurrences (red to herein. you, LARRY RYLAND PARKER, were licensed in this state as a general lines property and casualty insurance agent. 3. Pursuant to Chapter 626. Florida Statutes. the Florida Department of Insurance has jurisdiction over your insurance licenses. COUNTI 4. The above general allegations are realleged and incorporated by reference herein. 5. In or about June 1996, Howard Head went to Advanced Insurance Specialists, Inc., and met with you. LARRY RYLAND PARKER. and explained that he had repossessed some property at Pensacola Beach. Florida. 6. Mr. Head told you. LARRY RYLAND PARKER, at the June 1996 meeting that there were three buildings on this property, one contained four apartments, and the other two each contained eight apartments which he planned to convert to condominiums and sell. 7. Mr. Head told you. LARRY RYLAND PARKER, that he was getting a construction loan and that he needed insurance for the loan closing. On December 31, 1996, Mr. Head closed on his construction loan which was obtained from Am-South Bank of Destin. 8. The December 31, 1996 closing was at Gulf Breeze Title & Closing Services in Gulf Breeze. Florida. On that date, the title company issued their check number 2 21000 in ‘the amount of ed thirty-six dollars RE d seventy-two cents ($15, 136.72). payable to Advance Insurance Specialists. Ine. - 9. You, LARRY RYL. AND PARKER, deposi the title company’s check i into Specialty Insurance s account number 1010044 at Ready Bank, 1 North Beal Parkway, Fort Walton Beach, Florida on January 31, 1997. ta seg er ones = pe ores gee rere serge or epee 10.. You. LAQY RYLAND PARKER. had sole & tatory power over Specialty Insurance's account number 1010044 at Ready Bank. during the period August 4. 1997 through November 16. 1998. . 11. On January 31, 1997, when you, LARRY ‘RYLAND PARKER, deposited the title company’s check into your corporate account at Ready Bank. there was a twenty-eight thousand four hundred seventy-nine dollars and fifty-five cents ($28.479.55) negative balance in the account. - 12. Shortly after the first of the year 1998, Mr. Head received his general liability and fire policy from Scotsdale Insurance Company. However. Mr. Head did not receive a windstorm or flood policy on the property for which you. LARRY RYLAND PARKER. received full premium payment from Howard Head 13. You. LARRY RYLAND PARKER, failed to forward the application and premium | for Mr. Head's windstorm coverage to the carrier (Florida Windstorm Underwriting Association) until July 17, 1997, although you received the full premium payment, which was deposited into your corporate account at Ready Bank on January 31, 1997. 14. You, LARRY RYLAND PARKER, failed to forward the > application and premium for Mr. Head’ s flood policy t to the carrier (Omaha Property and C ty) until July 17, 1997, although y you received the full premium payment which was deposited i into your corporate account at Ready Bank on January 31, 1997. + failed to forward the application and premium ; for Mr. Head’s excess flood ed potley to the carrier (Wilshire National until J uly 17, 1997, although, 3 eee eon cme to the i insurer, insured or other person entitled 238 y used, or to be used, to circumvent any of the requirements or prohibitions or this code. [Section 626.6 i (4), Florida Statutes]; orients cer emer + RST careers Florida Statutes (c) Demonsiry lack of fitness or trustworthiness «5 engage in the business of insurance. [Section 626.61 1(7). Florida Statutes]; “(d) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or permit. [Section 626.611(8). Florida Statutes]; (ec) Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.61 1(9), Florida Statutes]; (f) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license. [Section 626.611(10). Florida Statutes]; (g) Willful failure to comply with, or willful violation of. any proper order or rule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]; (h) 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 permit. [Section 626.621(2), Florida Statutes}; . ay Failure or refs upon demand, to pay over to any insurer he represents or has represented any money coming into his hands belonging to the insurer. _ (Section 626.621(4), cg Qj) In the conduct of business under the license or permit, engaging in unfair methods of competition o or in 1 unfair o or r deceptive a acts or practices, a as prohibited under part x of this chapter, or ‘ having otherwise shown himself to be a source of i injury or r loss to the public. [Section 626.621(6), Florida Sia 1 tes wt Count If es 19. The above general allegations are realleged and incorporated by reference herein, -. 20. Onorabout July 17. + 1997. a final judgment w was s entered. against you. LARRY - RYLAND PARKER. in ‘the County Court i in and for Duval County, Floridai in Case No. 97-3248- SP. The plaintiffs was 5 Duval Premium Budget. Inc. 21. Duval Premium Budget, Ine. is a premium finance company which sued you, LARRY RYLAND PARKER, for your failure to return unearned commission. The final judgment in favor of Duval Premium Budget. Inc. was in the amount of eight hundred fifteen dollars and sixty-five cents ($815.65). 22. The final judgment has not been satisfied. N 3. Sections 626.611(10) and 626:6215(5)(a), Florida Statutes, prohibit misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license. IT IS THEREFORE CHARGED that you, LARRY RYLAND PARKER, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and appointments as an insurance agent or to impose such penalties as may be provided under the provisions of sections 626.611(4), 626.611(7), 626.611(8), 626.611(9), 626.611(13), 626.621(2), Florida Statutes, which are set forth specifically in Count I above and are hereby _ realleged and fully incorporated herein by reference, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. : WHEREFORE, you, LARRY RYLAND PARKER, are hereby ‘notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your licenses and appointments as an insurance e agent or to impose such penalties as may be provided under the Pereqrpearner eo scene re “provisions of sections 76.561. 626.611, 626.621, 626.681. E4691. and 626.9521, Florida Statutes. and under the other referenced sections of the Florida Statutes as set out in this - Administrative C omplaint. 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 Pursuant to ‘sections 120. 569 and 120.57, Florida Statutes and Rule Chapter 2 28-106, F lorida Administrative Code, you have the right t to request a a proceeding to contest this action by the Department. You may elect a proceeding by completing the attached Election of Rights form or filing a Petition. Your Petition or Election ofa proceeding must bei in 1 writing and must be filed with the General Counsel acting as the Agency Clerk, Department of Insurance. If served by U.S. Mail the Petition or Election should be addressed to the Florida Department of Insurance at 612 Larson Building, Tallahassee, Florida 32399-0333. If Express Mail or hand delivery is utilized, the Petition or Election should be delivered to 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. The Petition or Election must be received by, and filed in the Department within twenty-one (21) days of the date of your receipt of this notice. YOUR FAILURE TO RESPOND TO THIS ADMINISTRATIVE COMPLAINT WITHIN: TWENTY-ONE (21) DAYS WILL wedi AS Nba wine wguR aca ad eee Ifa proceeding is is requested and there is no dispute of fact the provisions of section 120.57(2), Florida Statutes would apply. In this regard you may submit oral or written evidence in opposition to the action taken by this agency or a written statement challenging the grounds upon which the agency has relied. While a hearing is normally not required in the absence of a ~I dispute of fact. if you Kothat a hearing is necessary one will bebe dducted in Tallahassee, Florida or by telephonic conference cail upon your request. If you dispute material facts which are the basis for this agency's action you may request a proceeding pursuant to sections 120.569 and 120.57( 1 ). Florida Statutes, If you request this type of proceeding, the request must comply with all of the requirements of Rule Chapter 28- 106, Florida Administrative Code. and contain a) A statement identifying with particularity the allegations of the Department which you dispute and the nature of the dispute; b) An explanation of what relief you are seeking and believe you are entitled to: c) Any other information which you contend is material. These proceedings are held before a State administrative law judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere the Department will request that the hearing be conducted in Tallahassee. If you request a hearing, you have the right to be represented by counsel, or other qualified representative, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf. Pursuant to section 120,573, Florida Statutes, you are hereby notified that mediation is “not available. ~~ =" Failure to follow the procedure outlined with regard to your response to this notice may 1 the request being denied. All prior correspondence in this matter shall be considered free! : . o such correspondence shall operate as a valid request for an administrative proceeding. Any request for administrative proceeding received prior to the date Segre eee segment ee of this notice shail be deed abandoned unless timely renewed i\.»mpliance with the guidelines as set out above. . coy 7 iia "DATED and SIGNED this [Oday of fe , 2000. SUN tare st* ‘ nS... BILL NELSON Treasurer and Insurance Commissioner rere ee Te eR oe een Scare acee amie ee er SCRE RRR RRR ne fe eR ne ene CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to: LARRY RYLAND PARKER at 601 Mooney Road NE, Fort Walton Beach. Florida 32547-1832 and c/o Advanced Insurance, 54 Beal Pkwy NW, Fort Walton Beach, Florida 32548-4826 and P.O. Box 520, Fort Walton Beach, Florida 32549-0520 ~~ by U.S. Certified Mail this ()_day of talons , 2000. f = B. Morstade III, Senior Attorney Division of Legal Services 612 Larson Building Tallahassee, Fl 32399-0333 (904) 922-3110 Ext.4168 a oe ee ee ST comaeht ita gsthaaaeeeelieemeneenmeade Sel cae

Docket for Case No: 00-001122

Issue Date	Proceedings
Aug. 31, 2000	(Joint) Settlement Stipulation for Consent Order (filed via facsimile).
Aug. 31, 2000	Consent Order (filed by Petitioner via facsimile).
Aug. 31, 2000	Order Closing File issued. CASE CLOSED.
Aug. 31, 2000	Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
May 22, 2000	Order Granting Continuance and Placing Case in Abeyance sent out. (Parties to advise status by September 4, 2000.)
May 17, 2000	Agreed Motion for Continuance filed.
May 03, 2000	Amended Notice of Hearing sent out. (hearing set for June 19, 2000; 9:30 a.m.; Tallahassee, FL, amended as to Location)
Mar. 29, 2000	Notice of Hearing sent out. (hearing set for June 19, 2000; 9:30 a.m.; Tallahassee, FL)
Mar. 29, 2000	Order of Pre-Hearing Instructions sent out.
Mar. 28, 2000	Joint Response to Initial Order filed.
Mar. 17, 2000	Initial Order issued.
Mar. 13, 2000	Election of Rights filed.
Mar. 13, 2000	Administrative Complaint filed.
Mar. 13, 2000	Agency Referral Letter filed.
Mar. 13, 2000	Petition for Section 120.569 and 120.57(1) Formal Administrative Hearing filed.