Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: JUDITH ANN EHLING
Judges: CHARLES C. ADAMS
Agency: Department of Financial Services
Locations: Pensacola, Florida
Filed: Jul. 02, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 22, 2004.
Latest Update: Dec. 22, 2024
reece ei ESRC TE
DEPARTMENT OF FINANCIAL SERVICES .
FILEG
Tom GALLAGHER
WAY 21 2004
CHIEF FINANCIAL OFFICER
IN THE MATTER OF: Docketed oy ftde
CASE NO.: 75606-04-AG
/ oy 9 214 PL 2.
2.
JUDITH ANN EHLING
ADMINISTRATIVE COMPLAINT
TO: JUDITH ANN EHLING
3163 Benton Boulevard
Pace, Florida 32571-9512
You, JUDITH ANN EHLING, 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, JUDITH ANN EHLING, are
currently licensed in this state as a Health Agent (2-40), License #D057414.
2. At all times pertinent to the dates and occurrences referred to herein, you,
JUDITH ANN EHLING, were licensed in this state as an insurance agerit.
3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial
Services has jurisdiction over your insurance licenses and appointments
4, At all times pertinent to the dates and occurrences referred to herein, you,
JUDITH ANN EHLING, were the Vice-President of Ehling Insurance & Investments, a Florida
Corporation.
5. At all times pertinent to the dates and occurrences referred to herein, Local 16
National Health Fund (“Local 16”), and Meridian Benefit, Inc. (“Meridian”), were entities
unauthorized to transact insurance business in the State of Florida and unauthorized to act as
Multiple Employer Welfare Arrangements (“MEWAs”) in the State of Florida.
COUNT I
6. The above general allegations are hereby realleged and fully incorporated herein
by reference.
7. On or about January 1, 2001, you, JUDITH ANN EHLING, as a licensed
insurance agent, sold group health insurance to Lowery Industrial Coatings, Inc. through Local
16. Lowery Industrial Coatings, Inc. was located in Pensacola, Florida.
IT IS THEREFORE CHARGED that you, JUDITH ANN EHLING, 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 626.611(7), Florida Statutes];
(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].
COUNT II
8. The above general allegations are hereby realleged and fully incorporated herein
by reference.
9. On or about December 1, 2001, you, JUDITH ANN EHLING, as a licensed
insurance agent, sold group health insurance to Lowery Industrials Inc. through Meridian. You,
JUDITH ANN EHLING, moved Lowery Industrials, Inc. to Meridian for its group health
insurance after Local 16 provided notice to Lowery that it was filing for bankruptcy. Both Local
16 and Meridian failed to pay health insurance claims for Lowery’s employee(s).
IT IS THEREFORE CHARGED that you, JUDITH ANN EHLING, 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];
(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]. .
COUNT III
10. The above general allegations are hereby realleged and fully incorporated herein
by reference.
11. On or about May 1, 2000, you, JUDITH ANN EHLING, as a licensed insurance
agent, sold group health insurance to McBride Construction through Locai 16. McBride
Construction was located in Pensacola, Florida.
IT IS THEREFORE CHARGED that you, JUDITH ANN EHLING, 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 susperision 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 626.611(7), Florida Statutes];
(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 626.90] (1), Florida
Statutes].
COUNT IV
12. The above general allegations are hereby realleged and fully incorporated herein
by reference.
13. On or about May 1, 2001, you, JUDITH ANN EHLING, as a licensed insurance
agent, sold group health insurance to McBride Construction through Meridian. You, JUDITH
ANN EHLING did this after Local 16 indicated that it was filing for bankruptcy. Local 16
failed to pay health insurance claims for McBride Construction’s employee(s).
IT IS THEREFORE CHARGED that you, JUDITH ANN EBLING, 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];
(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].
COUNT V
14. The above general allegations are hereby realleged and fully incorporated herein
by reference.
15. Onor about June 1, 2000, Rita and Roger Sparling purchased Paul David
Restoration from Bill McBride of McBride Construction. Paul David Restoration was located in
Pensacola, Florida and operates under the general contractor's license of McBride Construction.
Paul David Restoration’s group health insurance was included in McBride Construction’s group
policy.
16. | When the Sparlings purchased Paul Davis Restoration, the group health insurance
was with Local 16 and the agent was Ehling Insurance & Investments. When Local 16
terminated the coverage, the Sparlings turned to Ehling Insurance & Investments, to purchase
group health insurance.
17. On or about May 1, 2001, you, JUDITH ANN EHLING, as a licensed insurance
agent, sold Paul Davis Restoration group health insurance through Meridian.
18. Meridian failed to pay health insurance claims for Paul Davis Restoration’s
employee(s).
IT IS THEREFORE CHARGED that you, JUDITH ANN EHLING, 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 626.611(7), Florida Statutes];
(c) Demonstrated lack of reasonably adequate knowledge and technical competence
to engage in the transactions authorized by the license or appointment. [Section 626.61 1(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].
COUNT VI
19. The above general allegations are hereby realleged and fully incorporated herein
by reference.
20. Onor about August 1, 2001, you, JUDITH ANN EHLING, as a licensed
insurance agent, sold family health insurance to M.S., an adult resident of Pensacola, Florida,
through TRG Marketing LLC.
21. Atall times material hereto, TRG was the acronym or pseudonym for a multitude
of entities that engaged in the business of insurance or operated as one or more MEWAs in
Florida. These entities included, but were not limited to:
a) T.R.G. Marketing, LLC
b)* T.R.G. Administration, LLC
c) The Redwood Group, LLC.
22. None of the “TRG” entities were or are authorized to conduct insurance business
within the State of Florida. Specifically, TRG Marketing LLC was not ar. entity authorized to
conduct insurance business in the State of Florida.
23. TRG failed to pay health insurance claims for M.S. or his family member(s).
IT IS THEREFORE CHARGED that you, JUDITH ANN EHLING, 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 suspensior. 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];
(c) Demonstrated lack of reasonably adequate knowledge and technical competence
to engage in the transactions authorized by the license or appointment. [Section 626.61 1(8),
Florida Statutes];
(a) 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 o- 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].
COUNT VU
24. The above general allegations are hereby realleged and fully incorporated herein
by reference.
25. On or about April 1, 2000, you, JUDITH ANN EHLING, as a licensed insurance
agent, sold group health insurance to Cotton Pickin Shirts through Local 16. Cotton Pickin
Shirts was located in Pensacola, Florida.
26. Local 16 failed to pay health insurance claims for Cotton Pickin Shirts’
employee(s).
IT IS THEREFORE CHARGED that you, JUDITH ANN EHLING, 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 626.611(7), Florida Statutes);
(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 1X) 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];
63) 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
10
insurer not being authorized to transact such business in this state. [Section 626.901(1), Florida
Statutes].
COUNT VU
27. The above general allegations are hereby realleged and fully incorporated herein
by reference.
28. On or about April 1, 2001, you, JUDITH ANN EHLING, as a licensed insurance
agent, sold group health insurance to Cotton Pickin Shirts through Meridian.
29, Meridian failed to pay health insurance claims for Cotton Pickin Shirts’
employee(s).
IT IS THEREFORE CHARGED that you, JUDITH ANN EHLING, 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];
(c) Demonstrated lack of reasonably adequate knowledge and technical competence
to engage in the transactions authorized by the license or appointment. [Section 626.61 1(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 proh‘bited under Part X (re-
11
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].
COUNT IX
30. The above general allegations are hereby realleged and fully incorporated herein
by reference.
31. On or about December 1, 2001, you, JUDITH ANN EHLING, as a licensed
insurance agent, sold group health insurance to the Taylor County Board of County
Commissioners through Meridian.
32, Meridian failed to pay health insurance claims for Taylor County Board of
County Commissioners’ employee(s).
IT IS THEREFORE CH ARGED that you, JUDITH ANN EHLING, 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 626.611(7), Florida Statutes];
(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];
12
(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, en gaging 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 kerself 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].
COUNT X
33. The above general allegations are hereby realleged and fully incorporated herein
by reference.
34. On or about November 1, 2001, you, JUDITH ANN EHLING, as a licensed
insurance agent, sold group health insurance to the City of Perry, Florida through Meridian.
35. Meridian failed to pay health insurance claims for the City of Perry’s
employee(s).
IT IS THEREFORE CH ARGED that you, JUDITH ANN EHLING, 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 appoiniments:
(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 626.611(7), Florida Statutes];
13
(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 bea
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].
COUNT XI
36. The above general allegations are hereby realleged and fully incorporated herein
by reference.
37. On or about March 1, 2001, you, JUDITH ANN EHLING, as a licensed insurance
agent, sold group health insurance to Southeast Personnel Leasing through Meridian. Southeast
Personnel Leasing was located in Tarpon Springs, Florida.
38. Meridian failed to pay health insurance claims for Southeast Personnel Leasing’s
employee(s).
IT IS THEREFORE CHARGED that you, JUDITH ANN EHLING, 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:
14
(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 626.611(7), Florida Statutes];
(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 1o 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].
COUNT XI
39. The above general allegations are hereby realleged and fully incorporated herein
by reference.
40. On or about June 1, 2000, you, JUDITH ANN EHLING, as a licensed insurance
agent, sold group health insurance to Dr. Salvatore A. Vernali through Local 16. Dr. Vernali’s
medical practice is located in Milton, Florida.
41. Local 16 failed to pay health insurance claims for Dr. Vernali’s employee(s).
15
IT IS THEREFORE CHARGED that you, JUDITH ANN EHLING, have violated or are
accountable under the following provisions of the Florida Insurance Code anc 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 626.611(7), Florida Statutes];
(c) Demonstrated lack of reasonably adequate knowledge and technical competence
to engage in the transactions authorized by the license or appointment. [Section 626.61 1(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].
COUNT Xill
42. The above general allegations are hereby realleged and fully incorporated herein
by reference.
16
43. On our about June 1, 2002, after Local 16 filed for bankruptcy. you, JUDITH
ANN EHLING, as a licensed insurance agent, sold group health to Dr. Salvatore Vernali through
Meridian.
44. Meridian failed to pay health insurance claims for Dr. Vernali’s employee(s).
IT IS THEREFORE CHARGED that you, JUDITH ANN EHLING, 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 Jicenses 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 626.611(7), Florida Statutes];
(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) Inthe 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].
17
WHEREFORE, you, JUDITH ANN EHLING, 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
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;
18
(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 norma'ly 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.
19
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 and SIGNED this_ 2/2 day of “Taf 2004.
OAL Ll
KAREN CHANDLER
Deputy Chief Financial Officer
20
CERTIFICATE OF SERVICE
] HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE
COMPLAINT and ELECTION OF PROCEEDING has been furnished to: JUDITH A
EHLING, 3163 Benton Boulevard, Pace, Florida 32571-9512, by Certified Mail this od/ =day
of , 2004.
21
yl blon at wd
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
Docket for Case No: 04-002314PL
Issue Date |
Proceedings |
Sep. 22, 2004 |
Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Sep. 22, 2004 |
Order Closing File. CASE CLOSED.
|
Sep. 13, 2004 |
Agreed Motion for Continuance (filed by Respondent via facsimile).
|
Jul. 19, 2004 |
Order of Pre-hearing Instructions.
|
Jul. 19, 2004 |
Notice of Hearing by Video Teleconference (video hearing set for September 27, 2004; 10:00 a.m.; Pensacola and Tallahassee, FL).
|
Jul. 06, 2004 |
Initial Order.
|
Jul. 02, 2004 |
Election of Proceeding filed.
|
Jul. 02, 2004 |
Request for Administrative Hearing filed.
|
Jul. 02, 2004 |
Administrative Complaint filed.
|
Jul. 02, 2004 |
Agency referral filed.
|