FILED THE TREASURER OF THE STATE OF FLORIDA NOV 28 2001 DEPARTMENT OF INSURANCE TOM GALLAGHER Treasurer and insurance Com signer Docketed by: S CASE NO.: 43268-01-AG IN THE MATTER OF DANNY DEAN ATKINS ADMINISTRATIVE COMPLAINT TO: Danny Dean Atkins 9725 West Loop Road Pensacola, Florida 32501 Danny Dean Atkins 1304 West Garden Street Pensacola, Florida 3250] YOU, DANNY DEAN ATKINS, 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 a public adjuster in this State, as a result of which it is alleged: GENERAL ALLEGATIONS 1. You, DANNY DEAN ATKINS, are currently licensed in this state as a public adjuster. Your license number is A009437, 2. At all times relevant to the dates and occurrences set forth herein, you, DANNY DEAN ATKINS, were licensed as a public adjuster. 3. Pursuant to Chapter 626, Florida Statutes, the Department of Insurance has Jurisdiction over your public adjuster license, COUNT I 4. The above General Allegations are hereby realleged and fully incorporated herein by reference. 5. On or about October 14, 1992, you, DANNY DEAN ATKINS, signed a contract agreeing to compensate Jan Walker, an unlicensed person, at the rate of 15% of your commissions as a licensed public adjuster. 6. Pursuant to your contract of October 14, 1992, Jan Walker was paid 15% of your commissions as a licensed public adjuster, by thirty five (35) checks totaling one hundred forty two thousand twenty one dollars and seventy two cents ($142,021.72) constituting thirty five (35) acts of commission splitting. IT IS THEREFORE CHARGED that you, DANNY DEAN ATKINS, have violated or are accountable under the following provisions of the Florida Insurance Code: (a) Entering into a split fee arrangement with another person who is not a public adjuster. [Section 626.8698(3), Florida Statutes] (b) — Unlawfully dividing or offering to divide his or her commission with another, [Section 626.611(11), Florida Statutes] (c) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the department. [Section 626.621(12), Florida Statutes] (d) 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] (e) Violating any provision of this chapter or a rule or order of the Department. [Section 626.8698(1), Florida Statutes] WHEREFORE, you, DANNY DEAN ATKIN S, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your licenses and appointments as a public adjuster or to impose such penalties as may be provided under the provisions of Sections 626.6] 1, 626.621, 626.681, 626.8698, and 626.691, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. You are further notified that any order entered in this case revoking or suspending any licenses 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 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, 200 East Gaines Street, 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 we A 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 dispute material facts, which are the basis for this agency's action, you may request a formal adversarial 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 28-106, F.A.C. 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 a hearing is requested, you have the right to be represented by counsel, or other qualified representative, to take testimony, to call and to cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf. You are hereby notified that mediation under Section 120.573, Florida Statutes, is not available. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior correspondence in this matter shall be considered freeform agency action, and no such correspondence shall operate as a valid request for an administrative proceeding. Any request for administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. DONE and ORDERED this Ab May of WE MPEZ., 2001. ak SHIPLEY Deputy Insurance Commissioner

Docket for Case No: 02-002141PL