[jp 3383 AL FILED JUL 30 2002 THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE Treasurer and TOM GALLAGHER Insurance Commissioner Docketed by:, IN THE MATTER OF: ran ~ an CASE NO.: 43525-02:AG. VITTORIO CUCUZZA we RT / wd ae) ADMINISTRATIVE COMPLAINT TO: VITTORIO CUCUZZA MICHAEL C HARTMAN INC 11150 Okeechobee Boulevard Royal Palm Beach, FL 33411-1352 VITTORIO CUCUZZA 13785 Sunflower Court Apt. B Wellington, FL 33414-2138 You, VITTORIO CUCUZZA, are hereby notified that, pursuant to Chapter 626, Florida Statutes, 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, VITTORIO CUCUZZA, License #A304998, are licensed in this state as a General Lines Insurance Agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, VITTORIO CUCUZZA, were licensed in this state as a General Lines Insurance Agent. 3. At times during the years 1998 to 2000, you, VITTORIO CUCUZZA, were employed as an insurance agent by AAA Auto Club South, an insurance agency located at 1000 AAA Drive, Heathrow, Florida 32746-5080. 4. At times during the year 2001, you, VITTORIO CUCUZZA, were employed as an insurance agent by Burke, Bogart & Brownell, Inc., an insurance agency located at 181 Crawford Boulevard, Boca Raton, Florida 33432. 5. On or about August 9, 2001, Lee Burke, President of Burke, Bogart.& Brownell, Inc., contacted the Department of Insurance and alleged that you, VITTORIO CUCUZZA, had forged customer signatures on numerous Agent of Record letters. 6. During the year 2001, you, VITTORIO CUCUZZA knowingly prepared and submitted numerous false and fraudulent Agent of Record letters to insurers for the purpose of obtaining agent commissions. 7. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance licenses and appointments. COUNT] 8. The above general allegations are realleged and incorporated here and fully by reference. 9. In or around March, 1999, you, VITTORIO CUCUZZA, sold insurance to Francis Matthew Kennedy while employed at AAA Auto Club South. Mr. Kennedy resides at 8856 San Andros, West Palm Beach, FL 33411. 10. In or around March of 2001, Francis Matthew Kennedy received a letter from you, VITTORIO CUCUZZA, urging him to sign an enclosed Agent of Record Letter that would transfer his insurance to Bourke, Bogart & Brownell, Inc. 11. Francis Matthew Kennedy did not sign any Agent of Record Letter designating you, VITTORIO CUCUZZA, or Bourke, Bogart & Brownell, Inc., as his Agent of Record. 12. You, VITTORIO CUCUZZA, or someone under your control or supervision, forged Mr. Kennedy’s signature on one or more Agent of Record Letters. 13. You, VITTORIO CUCUZZA, or someone under your control or supervision, knowingly submitted one or more false and fraudulent Agent of Record Letters purportedly signed by Mr. Kennedy to one or more insurance companies. 14. You, VITTORIO CUCUZZA, or someone under your control or supervision, knowingly submitted one or more false and fraudulent Agent of Record Letters purportedly signed by Mr. Kennedy to one or more insurance companies in order to obtain commissions. IT IS THEREFORE CHARGED, that you, VITTORIO CUCUZZA, have violated and 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 eligibility as an insurance agent: (a) Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. . [Section 626.611(5), Florida Statutes); (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), 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) In the' 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 IX 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]; (f) 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, Florida Statutes]; (g) Knowingly making, issuing, circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison which is a misrepresentation for the purpose of inducing, or tending to induce, the lapse, forfeiture, exchange, conversion, or surrender of any insurance policy. [Section 626.9541(1)(a)6.,Florida Statutes]; (h) Knowingly filing with any supervisory or other public official; making, publishing, disseminating, circulating; delivering to any person; placing before the public, or causing, directly or indirectly,to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement. [Section 626.9541(1)(e), Florida Statutes]; (i) Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)1.,Florida Statutes]. COUNT II 15. The above general allegations are realleged and incorporated here and fully by reference. 16. In or around March, 1999, you, VITTORIO CUCUZZA, sold insurance to Mary R. Chiaramonte while employed at AAA Auto Club South. Ms. Chiaramonte resides at 5440 Glenda Street, West Palm Beach, Florida 33417. 17. In or around March of 2001, Ms. Chiaramonte received a letter from you, VITTORIO CUCUZZA, urging her to sign an enclosed Agent of Record Letter that would transfer her insurance to Bourke, Bogart & Brownell, Inc. 18. Ms. Chiaramonte did not sign any Agent of Record Letter designating you, VITTORIO CUCUZZA, or Bourke, Bogart & Brownell, Inc., as his Agent of Record. 19. | You, VITTORIO CUCUZZA, or someone under your control or supervision, forged Ms. Chiaramonte’s signature on one or more Agent of Record Letters. 20. You, VITTORIO CUCUZZA, or someone under your control or supervision, knowingly submitted one or more false and fraudulent Agent of Record Letters purportedly signed by Ms. Chiaramonte to one or more insurance companies. 21. You, VITTORIO CUCUZZA, or someone under your control or supervision, knowingly submitted one or more false and fraudulent Agent of Record Letters purportedly signed by Ms. Chiaramonte to one or more insurance companies in order to obtain commissions. IT IS THEREFORE CHARGED, that you, VITTORIO CUCUZZA, have violated and 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 eligibility as an insurance agent: (a) Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. . [Section 626.61 1(5), Florida Statutes], (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), 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) In the 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 IX 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]; (f) No person shal! 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, Florida Statutes]; (g) Knowingly making, issuing, circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison which is a misrepresentation for the purpose of inducing, or tending to induce, the lapse, forfeiture, exchange, conversion, or surrender of any insurance policy. [Section 626.9541(1)(a)6.,Florida Statutes]; (h) Knowingly filing with any supervisory or other public official; making, publishing, disseminating, circulating; delivering to any person; placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement. [Section 626.9541(1)(e), Florida Statutes]; (i) Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)1.,Florida Statutes]. COUNT IH 22. The above general allegations are realleged and incorporated here and fully by reference. 23. In or around March, 1999, Marc David Basis purchased insurance through AAA Auto Club South. Mr. Basis resides at 22 Farnworth Drive, Boynton Beach, Florida 33426. 24. In or around March of 2001, Mr. Basis received a letter from you, VITTORIO CUCUZZA, urging him to sign an enclosed Agent of Record Letter that would transfer his insurance to Bourke, Bogart & Brownell, Inc. 25. Mr. Basis did not sign any Agent of Record Letter designating you, VITTORIO CUCUZZA, or Bourke, Bogart & Brownell, Inc., as his Agent of Record. 26. You, VITTORIO CUCUZZA, or someone under your control or supervision, forged Mr. Basis’s signature on one or more Agent of Record Letters. 27. You, VITTORIO CUCUZZA, or someone under your control or supervision, knowingly submitted one or more false and fraudulent Agent of Record Letters purportedly signed by Mr. Basis to one or more insurance companies. 28. You, VITTORIO CUCUZZA, or someone under your control or supervision, knowingly submitted one or more false and fraudulent Agent of Record Letters purportedly signed by Mr. Basis to one or more insurance companies in order to obtain commissions. IT IS THEREFORE CHARGED, that you, VITTORIO CUCUZZA, have violated and 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 eligibility as an insurance agent: (a) Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. . [Section 626.61 1(5), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (d) Willful failure to comply with, or willful violation of, any proper order or rule of the department or willfulviolation of any provision of this code. [Section 626.611(13), Florida Statutes]; (e) In the 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 IX 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]; (f) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursudnt 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, Florida Statutes]; (g) Knowingly making, issuing, circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison which is a misrepresentation for the purpose of inducing, or tending to induce, the lapse, forfeiture, exchange, conversion, or surrender of any insurance policy. [Section 626.9541(1)(a)6.,Florida Statutes]; (h) Knowingly filing with any supervisory or other public official; making, publishing, disseminating, circulating; delivering to any person, placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement. [Section 626.9541(1)(e), Florida Statutes]; (i) Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)1.,Florida Statutes]. COUNT IV 29. The above general allegations are realleged and incorporated here and fully by reference. 30. In or around August, 1999, you, VITTORIO CUCUZZA, sold insurance to Gary Bryan Graves while employed at AAA Auto Club South. Mr. Graves resides at 10 Gadsby Way, Boynton Beach, Florida 33462. 31. Mr. Graves did not sign any Agent of Record Letter designating you, VITTORIO CUCUZZA, or Bourke, Bogart & Brownell, Inc., as his Agent of Record. 32. You, VITTORIO CUCUZZA, or someone under your control or supervision, forged Mr. Graves’s signature on one or more Agent of Record Letters. 33. You, VITTORIO CUCUZZA, or someone under your control or supervision, knowingly submitted one or more false and fraudulent Agent of Record Letters purportedly signed by Mr. Graves to one or more insurance companies. 34, You, VITTORIO CUCUZZA, or someone under your control or supervision, knowingly submitted one or more false and fraudulent Agent of Record Letters purportedly signed by Mr. Graves to one or more insurance companies in order to obtain commissions. IT IS THEREFORE CHARGED, that you, VITTORIO CUCUZZA, have violated and 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 eligibility as an insurance agent: (a) Wiilful misrepresentation of any insurance policy or annuity contract or willful deception with regard-to any such policy or contract, done either in person or by any form of dissemination of information or advertising. . [Section 626.61 1(5), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; 10 . (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), 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) In the 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 IX 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]; (f) 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, Florida Statutes); (g) Knowingly making, issuing, circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison which is a misrepresentation for the purpose of inducing, or tending to induce, the lapse, forfeiture, exchange, conversion, or surrender of any insurance policy. [Section 626.954 1(1)(a)6.,Florida Statutes]; (h) Knowingly filing with any supervisory or other public official; making, publishing, disseminating, circulating; delivering to any person; placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement. [Section 626.9541(1)(e), Florida Statutes]; 1] (i) Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)1.,Florida Statutes]. ' COUNT V 35. The above general allegations are realleged and incorporated here and fully by reference. 36. In or around February, 1998, you, VITTORIO CUCUZZA, sold insurance to Catherine S, Stepaniak while employed at AAA Auto Club South. Ms. Stepaniak resides at 15665 72" Court North, West Palm Beach, Florida 33470. 37. Ms. Stepaniak did not sign any Agent of Record Letter designating you, VITTORIO CUCUZZA, or Bourke, Bogart & Brownell, Inc., as her Agent of Record. 38. You, VITTORIO CUCUZZA, or someone under your control or supervision, forged Ms. Stepaniak‘s signature on one or more Agent of Record Letters. 39, You, VITTORIO CUCUZZA, or someone under your control or supervision, knowingly submitted one or more false and fraudulent Agent of Record Letters purportedly signed by Ms. Stepaniak to one or more insurance companies. 40. You, VITTORIO CUCUZZA, or someone under your control or supervision, knowingly submitted ‘one or more false and fraudulent Agent of Record Letters purportedly signed by Ms. Stepaniak to one or more insurance companies in order to obtain commissions. IT IS THEREFORE CHARGED, that you, VITTORIO CUCUZZA, have violated and 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 eligibility as an insurance agent: (a) Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. . [Section 626.611(5), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), 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 626.61 1(13), Florida Statutes]; (e) In the 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 IX 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]; (f) 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, Florida Statutes]; (g) Knowingly making, issuing, circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison which is a misrepresentation for the purpose of inducing, or tending to induce, the lapse, forfeiture, exchange, conversion, or surrender of any insurance policy. [Section 626.9541 (1)(a)6.,Florida Statutes]; (h) Knowingly filing with any supervisory or other public official; making, publishing, disseminating, circulating; delivering to any person; placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement. [Section 626.9541(1)(e), Florida Statutes]; (i) Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)1.,Florida Statutes]. COUNT VI 41. The above general allegations are realleged and incorporated here and fully by reference. 42. In or around January, 1999, you, VITTORIO CUCUZZA, sold insurance to Diane Joan Studer while employed at AAA Auto Club South. Mrs. Studer resides at 6113 Garrett Street, Jupiter, Florida 33458. 43. Mrs. Studer did not sign any Agent of Record Letter designating you, VITTORIO CUCUZZA, or Bourke, Bogart & Brownell, Inc., as her Agent of Record. 44, You, VITTORIO CUCUZZA, or someone under your control or supervision, forged Mrs. Studer ‘s signature on one or more Agent of Record Letters. 45, You, VITTORIO CUCUZZA, or someone under your control or supervision, knowingly submitted one or more false and fraudulent Agent of Record Letters purportedly signed by Mrs. Studer to one or more insurance companies. 46. You, VITTORIO CUCUZZA, or someone under your control or supervision, knowingly submitted one or more false and fraudulent Agent of Record Letters purportedly signed by Mrs. Studer to one or more insurance companies in order to obtain commissions. IT IS THEREFORE CHARGED, that you, VITTORIO CUCUZZA, have violated and 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 eligibility as an insurance agent: (a) Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. . [Section 626.61 1(5), Florida Statutes}; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. {Section 626.611(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61] 1(9), 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 626.61 1(13), Florida Statutes]; (e) In the 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 IX 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]; (f) 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 ors. 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, Florida Statutes]; (g) Knowingly making, issuing, circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison which is a misrepresentation for the purpose of inducing, or tending to induce, the lapse, forfeiture, exchange, conversion, or surrender of any insurance policy. [Section 626.9541(1)(a)6.,Florida Statutes]; (h) Knowingly filing with any supervisory or other public official: making, publishing, disseminating, circulating; delivering to any person, placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement. [Section 626.9541(1)(e), Florida Statutes]; (i) Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)1.,Florida Statutes]. COUNT VII 47. The above general allegations are realleged and incorporated here and fully by reference. 48. You, VITTORIO CUCUZZA, obtained a list of the names and address of insurance customers of AAA Auto Club South. 49. You, VITTORIO CUCUZZA, solicited customers of AAA Auto Club South by using their customer list after you were no longer employed by AAA Auto Club South. 50. You, VITTORIO CUCUZZA, knew or should have known that an agency’s customer list is proprietary information. 51. You, VITTORIO CUCUZZA, knew or should have known that you were not permitted to solicit customers from this list after you were no longer employed by AAA Auto Club South without their permission. IT IS THEREFORE CHARGED, that you, VITTORIO CUCUZZA, have violated and 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 eligibility as an insurance agent: (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes}; (b) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (c) In the 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 IX 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]; 17 ‘ COUNT VIII 52. The above general allegations are realleged and incorporated here and fully by reference. 53. You, VITTORIO CUCUZZA, failed to file a Change of Address form with the Department of Insurance after you left AAA Auto Club South and went to work for Burke, Bogart & Brownell, Inc. IT IS THEREFORE CHARGED, that you, VITTORIO CUCUZZA, have violated and 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 eligibility as an insurance agent: (a) Every licensee shall notify the department in writing within 30 days after a change of name, residence address, principal business street address, or mailing address, Any licensed agent who has moved his or her residence from this state shall have his or her license and all appointments immediately terminated by the department. [Section 626.551, 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]. WHEREFORE, you, VITTORIO CUCUZZA, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your licenses and eligibility for licensure as an insurance agent or to impose such lesser penalties as may be provided under the provisions of Chapter 626, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. You are further ee, 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, Florida 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 Insurance, 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 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. Specifically, your response must contain: (a) The name and address of the party making the request, for purpose of service; (c) A reference to the notice, order to show Cause, administrative complaint, or other communication that the party has received from the agency. Ifa hearing of any type is requested, you have the right to be represented by counsel or other qualified Tepresentative 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 normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, F lorida, or by telephonic conference call upon your request, eee 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. 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 Insurance, DATED and SIGNED this 30th day of — JULY 2002. Wty $9 WHR iy KENNEY SHIPLEY Deputy Insurance Commissioner 21 Ee CERTIFICATE OF SERVICE EEL ALE OF SERVICE 11150 Okeechobee Boulevard, West Palm Beach, 334] 1-1352; and VITTORIO CUCUZZA 13785 B. Sunflower Court, Wellington, FL 33432 by Certified Mail this 30th day of JULY , 2002. 5 st Florida Bar Numbeh02661* 7 Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-033 Phone: (850) 413-4236 Fax: (850) 488-0697 22

Docket for Case No: 02-003383PL