My Roba lL CFAL ED Q> 5 25 ay 2003 40, a 5 “hy Me ws DEPARTMENT OF FINANCIAL SERVICES Weed, 2” Tom GALLAGHER CHIEF FINANCIAL OFFICER IN THE MATTER OF: CASE NO. 68702-03-AG LUIS M. QUINTANA ADMINISTRATIVE COMPLAINT. TO: LUIS M. QUINTANA 12065 Sunset Point Court Wellington, Florida 33414 You, LUIS M. QUINTANA, are hereby notified that pursuant to Chapter 626, Florida Statutes, 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. You, LUIS M. QUINTANA, are currently licensed in the state as a general lines insurance agent, and health insurance agent. 2. At all time pertinent to the dates and occurrences referred to in this Administrative Complaint you, LUIS M. QUINTANA, were licensed as an insurance agent in this state. 3. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint, you, LUIS M. QUINTANA, were doing business as Quintana Insurance Agency, an unincorporated business. 4. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint all funds received by you, LUIS M. QUINTANA, pursuant to Section 626.561, Florida Statutes, from consumers or on behalf of consumers were trust funds received ina fiduciary capacity and were to be paid over to persons entitled thereto in the regular course of business. COUNT I 5. Paragraphs one through three are realleged and incorporated herein by reference. 6. On or about November 22, 2002, you, LUIS M. QUINTANA, received from R.S. of West Palm Beach, Florida, a check in the amount of $1,431.00 made payable to Quintana Insurance. These funds were intended by R.S. to be a premium payment on a homeowner’s insurance policy. 7. You, LUIS M. QUINTANA, without R.S’s knowledge or informed consent, fraudulently altered the check so as to make you, LUIS M. QUINTANA, the payee in a personal capacity and cashed the check. You, LUIS M. QUINTANA, failed to remit the funds to any insurer so entitled but rather retained the moneys for your own use and benefit. You, LUIS M. QUINTANA, failed to promptly remit the funds to an insurer and procure the requested insurance or return the funds to R.S. or to anyone else so entitled. 8. You, LUIS M. QUINTANA, issued a certificate of insurance to R.S., which purported to show that the Florida Residential Property and Casualty Joint Underwriting Association (FRPCJUA) had issued a homeowners insurance policy to R.S. This certificate was 2 false and a material misrepresentation of fact. At no time had RS. been issued an FRPCJUA insurance policy and at no time was R.S. insured. You, LUIS M. QUINTANA, were aware of this fact. 9. The above mentioned premium payment represented trust funds received by you, LUIS M. QUINANA, from R.S. ina fiduciary capacity for both the insured and an insurance company. 10. You, LUIS M. QUINTANA, have converted, misappropriated, or wrongfully withheld fiduciary funds belonging to R.S. and an insurance company. 11. Demand was made for the return of the funds, but you, LUIS M. QUINTANA, refused to return the funds. IT IS THEREFORE CHARGED that you, LUIS M. QUINTANA, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Chief Financial Officer which constitute grounds for the suspension or revocation of your insurance licenses and eligibility for licensure: (a) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and 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) Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such policy or contract. [Section 626.611(5), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; 3 (d) Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.611(9), Florida Statutes]; (e) 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. [Section 626.61 1(10), Florida Statutes]; (f) Failure or refusal, upon demand, to pay over to any insurer he represents or has represented any money coming into his hands belonging to the insurer. [Section 626.621(4), Florida Statutes]; (g) False statements and entries. — 1. Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. 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) 1, Florida Statutes]. WHEREFORE, you, LUIS M. QUINTANA, 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, 626.692, and 626.9521, Florida Statutes, ancl 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 license or 4 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, aad 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 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 cral 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 Depariment’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 6 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. DATED this 19th day of June , 2003. Cachle. KAREN CHANDLER Deputy Chief Financial Officer CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished to LUIS M. QUINTANA at 12065 Sunset Point Court, Wellington, Florida 33414-5401 by U.S. Certified Mail this 19thday of June 2003. FEL Fi hsserf~ JAMES A. BOSSART, ESQUIRE Florida Department of Insurance Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4124

Docket for Case No: 03-003082PL