D4 OAK ery OCT 2° 200° aa THE TREASURER OF THE STATE OF FLORIDA “6 OCT 30 prijs DEPARTMENT OF INSURANCE Docketad by? TOM GALLAGHER . beeps IN THE MATTER OF: CASE NO.: 61107-020-AG ROBERT GORDON GRIEVES ADMINISTRATIVE COMPLAINT TO: ROBERT GORDON GRIEVES Comegy’s Insurance Corner 1 Beach Drive Southeast, Suite 230 St. Petersburg, FL 33701-3963 ROBERT GORDON GRIEVES P.O. Box 1438 St. Petersburg, FL 33731-1438 ROBERT GORDON GRIEVES 19817 Glazing Globe Lane Lutz, FL 33558-9251 ROBERT GORDON GRIEVES 3102 West San Rafael Street Tampa, FL 33629-5906 You, ROBERT GORDON GRIEVES, license I.D. #A104511, 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, ROBERT GORDON GRIEVES, are currently licensed in this state as a Life (2-16), Life & Health (2-18), General Lines (Prop. & Cas. Ins.) (2-20), and Health (2-40) agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, ROBERT GORDON GRIEVES, were licensed in this state as a Life (2-16), Life & Health (2- 18), General Lines (Prop. & Cas. Ins.) (2-20), and Health (2-40) agent. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance (hereinafter “Department” has jurisdiction over your insurance licenses and appointments. 4, At all times relevant to the dates and occurrences referred to herein, all fands received by you, ROBERT GORDON GRIEVES, from consumers or on behalf of consumers representing premiums for insurance policies, were trust funds pursuant to Section 626.561(1), Florida Statutes, and were received in a fiduciary capacity and were to be accounted for and paid over to the insurer, insured or other persons entitled thereto in the regular course of business. COUNTI 5. The above general allegations are hereby realleged and fully incorporated herein by reference. 6. On or about March 9, 2000 and March 24, 2000, you, ROBERT GORDON GRIEVES, solicited worker’s compensation insurance to Advanced Design Systems, Inc. (hereinafter “ADS”), 400 Commerce Way, #116; Longwood, FL 32750, on behalf of Safeco Insurance. 7. You, ROBERT GORDON GRIEVES, were not lawfully appointed to sell insurance on behalf of Safeco Insurance Co. 8. You, ROBERT GORDON GRIEVES, directed ADS Office Manager, Diderica E. Stonerock, to make premium payments totaling $13,241.37 to Employers Services Group, Inc. (hereinafter “ESG”), P.O. Box 1902, St. Petersburg, Florida 33731, a company you knew or should have known was accepting ADS’s premium payments but failing to place insurance coverage or remitting premiums to insurers. 9. You, ROBERT GORDON GRIEVES, knew or should have known ESG was owned and operated by your employer, Mark Steven Berset, also owner and operator of Comegys Insurance Corner, 1 Beach Drive Southeast, Suite 230, St. Petersburg, FL 33701. 10. You, ROBERT GORDON GRIEVES, knew or should have known your client, ADS, believed ADS had insurance coverage and, you, ROBERT GORDON GRIEVES, knew or should have known ADS did not have insurance coverage. IT IS THEREFORE CHARGED that you, ROBERT GORDON GRIEVES, have violated or are accountable under one or more of 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) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, customer representative, solicitor, or adjustor in transactions under his or her license are trust funds received by the licensee in a fiduciary capacity. An agent shall keep the funds belonging to each insurer for which he or she is not appointed, other than a surplus lines insurer, in a separate account so as to allow the department to properly audit such funds. The licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. [Section 626.561(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 626.611(4), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (d) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 626.611(8), Florida Statutes); (e) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [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 or appointment. [Section 626.611(10), Florida Statutes]; (g) Willful failure to comply with, or willful violation of, any proper order or rule fo 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 appointment. [Section 626.621(2), Florida Statutes]; (i) Failure or refusal, upon demand, to pay over to any insurer he or she represents or has represented any money coming into his or her hands belonging to the insurer. [Section 626.621(4), Florida Statutes]; (j) 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]. , COUNT II 11. The above general allegations are hereby realleged and fully incorporated herein by reference. 12. On or about July 19, 2000, you, ROBERT GORDON GRIEVES, solicited worker’s compensation insurance coverage to Personnel, Inc, 1211 North Westshore Blvd., Suite 103, Tampa, Florida 33607, on behalf of Fireman’s Fund Insurance Company (hereinafter “Fireman’s Fund”). 13. You, ROBERT GORDON GRIEVES, were not lawfully appointed to sell insurance on behalf of Fireman’s Fund. 14. You, ROBERT GORDON GRIEVES, directed Diane M. Knepper of Personnel, Inc., to make payments totaling $4,700.00 to Employers Service Ggroup, Inc, a company you knew or should have known was accepting ADS premium payments but failing to place insurance coverage or remitting premiums to insurers. 15. You, ROBERT GORDIN GRIEVES, knew or should have known your client, Personnel, Inc., believed Personnel, Inc. had insurance coverage, and you, ROBERT GORDON GRIEVES, knew or should have known Personnel, Inc. did not have insurance coverage. IT IS THEREFORE CHARGED that you, ROBERT GORDON GRIEVES, 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) All premiums, return premiums, or other funds belonging to insurers or others ‘received by an agent, customer representative, solicitor, or adjustor in transactions under his or her license are trust funds received by the licensee in a fiduciary capacity. An agent shall keep the funds belonging to each insurer for which he or she is not appointed, other than a surplus lines insurer, in a separate account so as to allow the department to properly audit such funds. The licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. [Section 626.561(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) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (d) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 626.611(8), Florida Statutes]; (e) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(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 or appointment. [Section 626.611(10), Florida Statutes]; (g) Willful failure to comply with, or willful violation of, any proper order or rule fo the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]; (bh) 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]; (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 appointment. [Section 626.621(2), Florida Statutes]; (i) Failure or refusal, upon demand, to pay over to any insurer he or she represents or has represented any money coming into his or her hands belonging to the insurer. [Section 626.621(4), Florida Statutes]; (j) 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]. WHEREFORE, you, ROBERT GORDON GRIEVES, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your licenses and appointments as an insurance agent or to impose such penalties as may be provided 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 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 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. Specifically, 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 (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 representative 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. If a 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, 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 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, 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 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 2nd__ day of _ October , 2002. C Glebe KENNEY SHIPLEY Deputy Insurance Commissioner ov. a Age Seer: weet Pa on va \, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: ROBERT GORDON GRIEVES, 1 Beach Drive Southeast #230, St. Petersburg, FL 33701-3963; ROBERT GORDON GRIEVES, P.O. Box 1438, St. Petersburg, FL 33731-1438; ROBERT GORDON GRIEVES, 19817 Glazing Globe Lane, Lutz, FL 33558-925land ROBERT GORDON GRIEVES, 3102 West San Rafael Street, Tampa, FL 33629-5906 by Certified Mail this _2nd day of October _, 2002. Richard J. Santurri Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4188 Florida Bar Number 0318530 STATE OF FLORIDA , DEPARTMENT OF INSURANCE DIVISION OF LEGAL SERVICES IN THE MATTER OF: CASE NO.: 61107 ROBERT GORDON GRIEVES / ELECTION OF PROCEEDING I have received and have read the Notice of the ADMINISTRATIVE COMPLAINT filed against me, including the Notice of Rights contained therein, and I understand my options. I am requesting disposition of this matter as indicated below. (Choose one) 1.0] I do not dispute any of the Department’s factual allegations and I do not desire a hearing. I understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including revoking my licenses and appointments as may be appropriate. 2. I do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with section 120.57(2), Florida Statutes. In this regard, I desire to (Choose one): [] Submit a written statement and documentary evidence in lieu of a hearing; or [] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or (] Attend that same hearing by way of a telephone conference call. 3. [] I do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF INSURANCE WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: General Counsel as acting agency clerk, Florida Department of Insurance, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Signature Print Name Date: Address: Phone No.:

Docket for Case No: 02-004240PL