Figo FEB 12 2004 Docketed by 77/o DEPARTMENT OF FINANCIAL SERVICES TOM GALLAGHER CHIEF FINANCIAL OFFICER IN THE MATTER OF: CASE NO. 69192-04-AG RAYMOND KENETH RITTER / ADMINISTRATIVE COMPLAINT TO: RAYMOND KENETH RITTER 2250 NE 163"” Street, Ste. 2 North Miami Beach, Florida 33160 RAYMOND KENETH RITTER 3800 N. Hills Drive, Apt. 101 Hollywood, Florida 33021 You, RAYMOND KENETH RITTER, 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, RAYMOND KENETH RITTER, are currently licensed in the state as a life, health and variable annuity agent, life insurance agent, life and health insurance agent, and health insurance agent. 2. At all time pertinent to the dates and occurrences referred to in this Administrative Complaint you, RAYMOND KENETH RITTER, 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, RAYMOND KENETH RITTER, were doing business as RKR Insurance Group, Inc., a previously dissolved Florida corporation now operating as an unincorporated insurance agency. 4. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint all funds received by you, RAYMOND KENETH RITTER, pursuant to Section 626.561, Florida Statutes, from consumers or on behalf of consumers were trust funds received in a fiduciary capacity and were to be paid over to persons entitled thereto in the regular course of business. . COUNT 1 5. Paragraphs one through four are realleged and incorporated herein by reference. 6. On or about September 13, 2002, you, RAYMOND KENETH RITTER, received from A.S. of Ft. Lauderdale, Florida, a check in the amount of $1594 made payable to RKR Insurance Group. These funds were intended by A.S. to be the premium payment on a long-term care insurance policy to be issued by AF&L Insurance Company. This check was deposited into the RKR business bank account for which you, RAYMOND KENETH RITTER, had legal control. 7. You, RAYMOND KENETH RITTER, without A.S.’s knowledge or informed consent, failed to remit the funds in their entirety to AF& L Insurance Company or any other insurer so entitled. You, RAYMOND KENETH RITTER, on October 8, 2002, submitted a 2 check for only $272 to the insurance company in payment of the monthly policy premium, retaining the remainder of the moneys for your own use and benefit. You, RAYMOND KENETH RITTER, failed to promptly remit the funds to an insurer or to return the funds to A.S. or to anyone else so entitled. 8. The above mentioned premium payment represented trust funds received by you, RAYMOND KENETH RITTER, from AS. in a fiduciary capacity for both the insured and an insurance company. 9. You, RAYMOND KENETH RITTER, have converted, misappropriated, or wrongfully withheld fiduciary funds belonging to a Florida insurance consumer and an insurance company. IT IS THEREFORE CHARGED that you, RAYMOND KENETH RITTER, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the State 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); (d) Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.611(9), Florida Statutes]; (c) 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 626.611(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]; WHEREFORE, you, RAYMOND KENETH RITTER, 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, and under the other reférenced 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 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 4 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 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. DATED this 12th dayof__ February , 2004. KAREN CHANDLER Deputy Chief Financial Officer CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished to RAYMOND KENETH RITTER, 2250 NE 163rd Street, Suite 2, North Miami Beach, FL 33160 and RAYMOND KENETH RITTER, 3800 N. Hills Drive, Apt. 101, Hollywood, FL 33021 by U.S. Certified Mail this_12th day of _February , 2004. mill JAMES A. BOSSART(E Florida Department of Financial Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4124

Docket for Case No: 04-001043PL