FILED her 10. 2003 03 Hay - 9 . DEPARTMENT OF FINANCIAL SERVICES PH 3:2) w/ Py > Docketed Byte meena TOM GALLAGHER CHIEF FINANCIAL OFFICER IN THE MATTER OF: 0 3- 170 4PC CASE NO.: 61758-03-AG KENNETH TODD KNEWITZ ADMINISTRATIVE COMPLAINT TO: KENNETH TODD KNEWITZ 7411 SW 128 Avenue Miami, FL 33183-3439 You, KENNETH TODD KNEWITZ, are hereby notified that the Chief Financial Officer 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, KENNETH TODD KNEWITZ, are currently licensed in this state as a Life (2-16), Life & Health (2-18), Health (2-40), Legal Expense (2-56) agent, license ILD. #A143491. 2. At all times pertinent to the dates and occurrences referred to herein, you, KENNETH TODD KNEWITZ, were licensed in this state as an insurance agent. 3. Pursuant to chapter 626, Florida Statutes, the Florida Department of Financial Services has jurisdiction over your insurance licenses and appointments. COUNT | 4. The above general allegations are hereby realleged and fully incorporated herein by reference. 5. On or about July 2000, you, KENNETH TODD KNEWITZ, as a licensed insurance agent, contacted L.L. to sell her a health insurance plan through an entity known as TRG. She was also told by you that she was required to join the American Employees Benefits Association (“AEBA”) at a cost of $100. You furnished to her application forms which she completed and delivered to you together with her personal check in the sum of $273.19 payable to “T.D.A.” and representing initial premium payment, and which included the $100 fee for joining AEBA. 6. Thereafter, on or about December 2001, L.L. received information that her health insurance coverage had been cancelled by TRG and further, she received information from the Florida Department of Insurance, n/k/a the Office of Insurance Regulation of the Financial Services Commission within the Department of Financial Services, that TRG was an entity without a certificate of authority to conduct insurance business in the state of Florida. 7. At all times material herein, TRG was an entity unauthorized to conduct insurance business in the state of Florida. IT IS THEREFORE CHARGED that you, KENNETH TODD KNEWITZ, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your licenses and appointments: (a) No person shall transact in this state, or relative to a subject of insurance resident, located, or to be performed in this state, without complying with the applicable provisions of this Code. [Section 624.11, Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]; No (c) 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]; (d) Violation of any provision of this Code or any law applicable to the business of insurance in the course of dealing under the licensure or appointment. [Section 626.621(2), 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 X (re- designated as Part IX) of this chapter, or having otherwise shown himself or herself to be a source of injury or loss to the public. [Section 626.621(6), Florida Statutes}; (f) No person shall, from offices or by personnel or facilities located in this state... directly or indirectly act as an agent for, or otherwise represent or aid on behalf of another, any insurer not being authorized to transact such business in this state. [Section 626.901(1), Florida Statutes]; WHEREFORE, you, KENNETH TODD KNEWITZ, are hereby notified that the Chief Financial Officer 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 626.901, 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 te Agency Clerk, at the Florida Department of Financial Services, 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. ( If a 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 Financial Services. oh . DATED and SIGNED this (Oday of April , 2003. KAREN CHANDLER Deputy Chief Financial Officer 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: KENNETH TODD KNEWITZ, 7411 S.W. 128" Avenue, Miami, Florida, 33183-3439 by Certified Mail this _/ ov day of 4pn| , 2003. William W. Tharpe, Jr. Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4110 Florida Bar Number 312411 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: CASE NO.:: KENNETH TODD KNEWITZ 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 | understand my options. I am requesting disposition of this matter as indicated below. (Choose one) I. [] 1 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. nN 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 [J 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. 1 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 FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 35:00 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 Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Signature Print Name Date: Address: Phone No.: 2. Article Number 7ubO 3901 9444 7723 1Obe 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) Kee 1. Article Addressed to: KENNETH TODD KNEWITZ 7411 SW 128™ AVE MIAMI, FL 33183-3439 Ty OTET i sw aba Oh its a FoR TEN Se APS ‘4 Sod oa PS Form 3811, July 2001 0 COMPLETE THIS SECTION ON DELIVERY Loe (7 agent D. Is delivery Sorte acts Ci Yes It YES, enter detw&ty addres below: {No ss Det [] Addressee { ie eC 61758-03-AG™* 4/10/03 | Payne Domestic Return Receipt

Docket for Case No: 03-001702PL