Ob 443. FILED ocT 5 2001 THE TREASURER OF THE STATE OF FLORIDA TC H DEPARTMENT OF INSURANCE Docketed by: Tom GALLAGHER IN THE MATTER OF: CASE NO.: 43017-01-AG - DEVON MATTHEW BERKE ci t / - ADMINISTRATIVE COMPLAINT TO: DEVON MATTHEW BERKE 6451 Ocean Dr. Margate, FL 33063-7020 You, DEVON MATTHEW BERKE, license ID. #4315319, are hereby notified that the Insurance Commissioner of the State of Florida has caused to be made an investigation of your activities while licensed as an insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, DEVON MATTHEW BERKE, are currently licensed in this state as a life agent, a health agent, and a life and health. 2. At all times pertinent to the dates and occurrences referred to herein, you, DEVON MATTHEW BERKE, were licensed in this state as a life agent, a health agent, anda life and health. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance (hereinafter “Department”) has jurisdiction over your insurance licenses and appointments. COUNT I 4, The above general allegations are hereby reallegéd and fully incorporated herein by reference. . 5. On or about February 5, 2001, you, DEVON MATTHEW BERKE, in the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida, Case No. 00- 9985CF10, pled guilty to burglary, a felony. On or about February 5, 2001, adjudication was withheld, and you, DEVON MATTHEW BERKE, were sentenced two (2) years probation. IT IS THEREFORE CHARGED that you, DEVON MATTHEW BERKE, 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: (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (b) 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]; (c) Having been found guilty of or having pleaded guilty or nolo contendere to a felony or acrime punishable by imprisonment of 1 year or more under the law of the United States of America or of any state thereof or under the law of any other country which involves moral turpitude, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases. [Section 626.611(14), Florida Statutes]; (d) Any cause for which issuance of the license or permit could have been refused had it then existed and been known to the department. [Section 626.621(1), Florida Statutes]; i} (e) Having been found guilty of or having pleaded guilty or nolo contendere to a felony or a crime punishable by imprisonment of 1 year or more under thie law of the United States of America or of any state thereof or under the law of any other country, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases. [Section 626.621(8), Florida Statutes]. COUNT I 6. The above paragraphs one through five are hereby realleged and fully incorporated herein by reference. . 7. You, DEVON MATTHEW BERKE, failed to notify the Department of your guilty plea within 30 days. IT IS THEREFORE CHARGED that you, DEVON MATTHEW BERKE, 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: (a) Failure to inform the department in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony or a crime punishable by imprisonment of | year or more under the law of the United States or of any state thereof, or under the law of any other country without regard to whether a judgment of conviction has been entered by the court having jurisdiction of the case. [Section 626.621(11), Florida Statutes]. WHEREFORE, you, DEVON MATTHEW BERKE, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your licenses and appointment as an insurance agent or to impose such penalties as may be provided Ww under the provisions of Sections 626.611, 626.621, 626.681, 626.691, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. NOTICE OF RIGHTS Pursuant to Sections 120.569 and 120.57, Florida Statutes and Rule 28-106, Florida Administrative Code (F.A.C.), you have a right to request 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 of a proceeding must be in 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 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 a proceeding 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 meme mere tert eee