FLORIDA hus 16 PM 27 DEPARTMENT OF ; ais of FINANCIAL SERVICES ~ OH HISAR ve : PAD IN THE MATTER OF: Gooketed by CASE NO.: 71531-04-AG KENNETH JEFFREY BERMAN / ADMINISTRATIVE COMPLAINT (D ( | 9 ¢ 7 E [_ TO: KENNETH JEFFREY BERMAN 9087 Taft Street Pembroke Pines, Florida 33024-4650 KENNETH JEFFREY BERMAN 5681 Thistledown Terrace Davie, Florida 33331-2577 You, KENNETH JEFFREY BERMAN, license I.D. #A020259, are heredy 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 JEFFREY BERMAN, are currently licensed in this state as a General Lines (Property & Casualty Insurance) (2-20) Agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, KENNETH JEFFREY BERMAN, were licensed in this state as an insurance agent. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial - Services (hereinafter “the Department”) has jurisdiction over your insurance licenses and appointments. 4. At all times pertinent to the dates and occurrences referred to herein, you, KENNETH JEFFREY BERMAN, were the Registered Agent and the President of Silver Knight Insurance, Inc. (“Knight Insurance”), a Florida corporation, with locations in Pembroke Pines and Hollywood, Florida. 5. At all times relevant to the dates and occurrences referenced herein, pursuant to Section 626.734, Florida Statutes, you, KENNETH JEFFREY BERMAN, were personally and fully liable and accountable for any wrongful acts, misconduct, or violation of azy provision of the Insurance Code committed either by you or anyone under your direct supervision and control while acting on behalf of the corporation. 6. At all time pertinent to the dates and occurrences referred to herein, you, KENNETH JEFFREY BERMAN, were the Primary Agent for Knight Insurance, and as such, pursuant to Section 626.592, Florida Statutes, were responsible for the hiring and supervision of all staff at Knight Insurance for the times and occurrences relevant to the dates and occurrences described herein. 7. Pursuant to Section 626.592, Florida Statutes, you, KENNETH JEFFREY BERMAN, as owner and primary agent, were responsible for the activities of your employee, Jill Villegas, at Knight Insurance. At no time pertinent to the dates and occurrences described herein, was Jill Villegas licensed as an insurance agent or customer representative to transact insurance in this state. 8. At all times relevant to the dates and occurrences referred to herein, all funds received by you, KENNETH JEFFREY BERMAN, 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. 9. Pursuant to Section 69B-167.001(1), Florida Administrative Code, upon cancellation ofa fire and casualty policy by the company or the insured, the return of gross unearned premium is to be mailed to the insured within fifteen (15) working days after the effective date of cancellation. COUNT | 10. The above general allegations are hereby realleged and fully incorporated herein by reference. 11. On or about May 8, 2001, you, KENNETH JEFFREY BERMAN, sold commercial insurance to H.B. of Hallandale Beach, Florida, for a building he was purchasing. Shortly thereafter, H.B.’s attorney furnished you, KENNETH JEFFREY BERMAN, with a check in the amount of seven thousand eighty-nine and 88/100 dollars ($7,789.88), made payable to Knight Insurance, as payment in full for the insurance premium. 12. You, KENNETH JEFFREY BERMAN, furnished H.B. with an “Evidence of Property Insurance” certificate showing property and liability coverage effective May 10, 2001 through May 10, 2002 with London Companies, Terra Nova Insurance Company (“Terra Nova’), and the Florida Windstorm Underwriting Association (“FWUA”). H.B. trusted you, KENNETH JEFFREY BERMAN, as his insurance agent, to place proper coverage and remit his premium to the companies as evidenced by the certificate. 3 13. You, KENNETH JEFFREY BERMAN, failed to remit H.B.’s premium and/or. applications to London Companies and/or Terra Nova, causing your client to be without property and liability insurance. 14. You, KENNETH JEFFREY BERMAN, failed to remit H.B.’s premium and/or applications to the FWUA in a timely manner, so that the effective date of H.B's windstorm coverage was February 15, 2002, instead of May 10, 2001, as evidenced on the certificate. 15. Section 626.611(7), Florida Statutes, provides that the Department may suspend, revoke or refuse to renew an agent’s insurance license if the agent has demonstrated lack of fitness or trustworthiness to engage in the business of insurance. You, KENNETH JEFFREY BERMAN, violated Section 626.611(7), Florida Statutes, when you demonstrated a lack of fitness or trustworthiness in one or more of the following ways: (a) Failure to submit applications and premiums to Terra Nova and/or London Companies in order to procure coverage for your client; (b) Failure to submit premiums and applications to FWUA in a timely manner, so that your client suffered a lapse in windstorm coverage for approximately ten months. 16. Section 626.611(8), Florida Statutes provides that the Department may suspend, revoke, or refuse to renew an insurance agent’s license when the licensee has demonstrated a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. You, KENNETH JEFFREY BERMAN, violated Section 626.611(8), Florida Statutes by furnishing your client with a certificate of insurance which represented that coverage was in force, and then failing to submit applications and premiums to the insurance companies to procure that insurance in a timely manner, causing your client to be without insurance. 17. Section 626.611(10), Florida Statutes provides that the Department may suspend, revoke, or refuse to renew an insurance agent’s license for misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds received in conduct of business under the license or appointment. You, KENNETH JEFFREY BERMAN, violated Section 626.611(10), Florida Statutes in one or more of the following ways: (a) Failure to submit H.B.’s premium to Terra Nova, and/or London Companies, or to refund the monies to H.B.; (b) Unlawfully withholding H.B.’s premium for approximately ten months before submitting it to FWUA. COUNT IL 18. The above general allegations are hereby realleged and fully incorporated herein by reference. 19. On or about January 2, 2001, you, KENNETH JEFFREY BERMAN, sold a General Liability insurance policy to J.L. of Pembroke Pines, Florida, for his business, Netcom Latin America, Inc. (“Netcom”), You, KENNETH JEFFREY BERMAN, accepted a check in the amount of eight hundred seventy-two and 73/100 dollars ($872.73) made payable to Knight Insurance, as payment in full for the insurance premium. 20. You, KENNETH JEFFREY BERMAN, furnished J.L. with a Certificate of Insurance evidencing liability coverage effective 01/02/01-01/02/02 with Preferred National Insurance Company (“Preferred”). J.L. trusted you, KENNETH JEFFREY BERMAN, as his insurance agent, to place proper coverage and remit Netcom’s premium to the company as evidenced by the certificate. 21. You, KENNETH JEFFREY BERMAN, failed to submit an insurance application and/or premium to Preferred, causing your client to be without general liability insurance. 22. Section 626.611(7), Florida Statutes, provides that the Department may suspend, revoke or refuse to renew an agent's insurance license if the agent has demonstrated lack of fitness or trustworthiness to engage in the business of insurance. You, KENNETH JEFFREY BERMAN, violated Section 626.611(7), Florida Statutes, when you failed to submit applications and premiums to Preferred to procure coverage for your client. 23. Section 626.611(8), Florida Statutes provides that the Department may suspend, revoke, or refuse to renew an insurance agent’s license when the licensee has demonstrated a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. You, KENNETH JEFFREY BERMAN, violated Section 626.611(8), Florida Statutes by furnishing your client with a certificate of insurance that represented insurance coverage was in force, and then failing to procure that coverage, leaving your client without insurance. 24. — Section 626.611(10), Florida Statutes provides that the Department may suspend, revoke, or refuse to renew an insurance agent’s license for misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds received in conduct of business under the license or appointment. You, KENNETH JEFFREY BERMAN, violated Section 626.611(10) by unlawfully withholding Netcom’s premium instead of submitting it to Preferred, or refunding the premium to Netcom in a timely manner. COUNT III 25. The above general allegations are hereby realleged and fully incorporated herein by reference. 26. On or about August 5, 2001, Jill Villegas, an employee of your agency, Knight Insurance, sold a Southern Group Indemnity Company (“Southern Group”) autcmobile insurance policy effective August 6, 2001, to T.W. of Hollywood, Florida. On or about that same day, Jill accepted a check from T.W. in the amount of two hundred seventy-seven and 00/100 dollars ($277.00) made payable to Knight Insurance, as payment in full for the insurance premium. T.W. trusted you, KENNETH JEFFREY BERMAN, and/or employees of your agency, to place proper coverage and remit his premium to the insurance company. 27. Onor about August 15, 2001, T.W.’s application for insurance was bound with Southern Group. However, Southern Group did not receive the application and/or premium from Knight Insurance in a timely manner, causing the policy to be issued with an effective date of September 14, 2001 instead of August 6, 2001, as requested. 28. Section 626.611(7), Florida Statutes, provides that the Department may suspend, revoke or refuse to renew an agent’s insurance license if the agent has demonstrated a lack of fitness or trustworthiness to engage in the business of insurance. You, KENNETH JEFFREY BERMAN, violated Section 626.61 1(7) by failing to ensure that your client’s premiums and/or applications were submitted to Southern Group to procure coverage. 29. Section 626.611(8), Florida Statutes provides that the Department may suspend, revoke, or refuse to renew an insurance agent’s license when the licensee has demonstrated a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. You, KENNETH JEFFREY BERMAN, violated 7 Section 626.61 1(8), Florida Statutes by failing to ensure that you and/or your employees submitted applications and premiums to Southern Group to procure coverage for your client. 30. Section 626.611(10), Florida Statutes provides that the Departmeat may suspend, revoke, or refuse to renew an insurance agent’s license for misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds received in conduct of business under the license or appointment. You, KENNETH JEFFREY BERMAN, violated Section 626.61 1(10) by unlawfully withholding T.W.’s premium, instead of submitting it to Southern Group, or refunding the premium to T.W. in a timely manner. COUNT IV. 31. The above general allegations are hereby realleged and fully incorporated herein by reference. 32. On or about June 6, 2001, Jill Villegas, an employee of your agency, Knight Insurance, sold a Southern Group Indemnity Company (“Southern Group”) automobile insurance policy effective June 7, 2001, to J.C. of Hollywood Florida. On or about that same day, J.C. paid cash in the amount of four hundred eighty-nine and 00/100 dollars ($489.00) to your agency, Knight Insurance, as a down payment for the insurance policy. 33. While waiting to receive his policy from you, KENNETHER JEFFREY BERMAN, or your agency, J.C. and/or his mother paid four monthly payments in the amount of one hundred sixty-one and 22/100 dollars ($161.22) each to Pro-Premium Finance Company (“Pro-Premium”), at the direction of Jill Villegas, an employee of your insurance agency. 34. Southern Group did not receive the application and/or premium from Knight Insurance in a timely manner, causing the policy to be issued with a July 7, 2001 effective date, instead of June 6, 2001, as requested. 35. On or about October 3, 2001, Southern Group cancelled J.C’s insurance because you, KENNETH JEFFREY BERMAN, and/or employees of your agency, failed to provide the company with requested underwriting information. 36. J.C. and/or his mother contacted you, KENNETH JEFFREY BERMAN, and/or Jill Villegas, several times to request a cancellation refund. You, KENNETH JEFFREY BERMAN, did not refund J.C.’s premium until August 2002, approximately ten (10) months after the cancellation of his policy. 37. The first check you, KENNETH JEFFREY BERMAN, issued to J.C. asa cancellation refund could not be cashed due to non-sufficient funds, requiring him to ask for a payment in cash. 38. Section 626.611(7), Florida Statutes, provides that the Department may suspend, revoke or refuse to renew an agent’s insurance license if the agent has demonstrated a lack of fitness or trustworthiness to engage in the business of insurance. You, KENNETH JEFFREY BERMAN, violated Section 626.611(7) in one or more of the following ways: (a) Failure to ensure that J.C.’s application was submitted to the insurance company in a timely manner; (b) Failure to furnish the insurance company with requested information, resulting in the cancellation of your client’s policy; (c) Failure to refund your client’s premiums promptly after cancellation of the policy. 39, Section 626.611(8), Florida Statutes provides that the Departmerit may suspend, revoke, or refuse to renew an insurance agent’s license when the licensee has demonstrated a lack of reasonably adequate knowledge and technical competence to engage in the transactions 9 authorized by the license or appointment. You, KENNETH JEFFREY BERMAN, violated Section 626.611(8), Florida Statutes in one or more of the following ways: (a) Failure to ensure that you and/or your employees submitted applications and premiums to Southern Group in a timely manner so that your client to suffered a lapse in coverage; (b) Failure to provide the insurance company with requested underwriting information so that your client’s policy was caused to be cancelled; (c) Failure to provide your client with a copy of his insurance policy; (d) Failure to refund your client’s unearned premium in a timely manner. 40. Section 626.611(10), Florida Statutes provides that the Department may suspend, revoke, or refuse to renew an insurance agent’s license for misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds received in conduct of business under the license or appointment. You, KENNETH JEFFREY BERMAN, violated Section 626.611(10) by unlawfully withholding J.C.’s premium, instead of refunding his premium in a timely manner. COUNT V 41. The above general allegations are hereby realleged and fully incorporated herein by reference. 42. In or around June 2001, you, KENNETH JEFFREY BERMAN, solicited and sold insurance to V.H. for the Royal Town Homeowners Association (“Royal”). 43. On or about that same date, V.H. furnished you, KENNETH JEFFREY BERMAN, with two checks, both payable to Knight Insurance, totaling ten thousand two hundred seventy-five and 00/00 dollars ($10,275.00), for insurance to be effective June 8, 2001. 10 On or about August 6, 2001, Royal paid an installment premium for the policy in the amount of three thousand six hundred fifty-seven and 40/100 dollars ($3,657.00). 44, You, KENNETH JEFFREY BERMAN, failed to submit the applications for Royal to the insurance company in a timely manner, resulting in the policy being effective on June 28, 2001 instead of June 8, 2001, as requested. 45. | When the insurance company cancelled Royal’s policy on or about August 18, 2001, you, KENNETH JEFFREY BERMAN, failed to return Royal’s unearned premium to them in a timely manner. 46, Section 626.611(7), Florida Statutes, provides that the Department may suspend, revoke or refuse to renew an agent’s insurance license if the agent has demonstrated a lack of fitness or trustworthiness to engage in the business of insurance. You, KENNETH JEFFREY BERMAN, violated Section 626.61 1(7) by failing to ensure that Royal’s application was submitted to the insurance company in a timely manner, and by failing to refund its premiums promptly after cancellation of the policy. 47. Section 626.611(8), Florida Statutes provides that the Department may suspend, revoke, or refuse to renew an insurance agent’s license when the licensee has demonstrated a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. You, KENNETH JEFFREY BERMAN, violated Section 626.611(8), Florida Statutes by failing to submit applications and premiums to the insurance company in a timely manner, causing your client to suffer a lapse in coverage, and by failing to refund your client’s unearned premium in a timely manner. 48. Section 626.611(10), Florida Statutes provides that the Department may suspend, revoke, or refuse to renew an insurance agent’s license for misappropriation, conversion, or i unlawful withholding of moneys belonging to insurers or insureds received in conduct of business under the license or appointment. You, KENNETH JEFFREY BERMAN, violated Section 626.611(10) by unlawfully withholding Royal’s unearned premium, instead of refunding the monies in a timely manner. COUNT VI 49. The above general allegations are hereby realleged and fully incorporated herein by reference. 50. | Onor about April 4, 2001, Jill Villegas, an employee of your agency, Knight Insurance, sold an automobile insurance policy effective June 7, 2001, to L.L. of Hollywood Florida. On or about that same day, Jill accepted a check from L.L. in the amourt of three hundred fifty-five and 00/100 dollars ($355.00), payable to Knight Insurance, as a down payment for the insurance premium. 51. Without L.L.’s consent and against her express wishes, you, KENNETH JEFFREY BERMAN, and/or an employee of your agency, Jill Villegas, sold L.L. an automobile service plan, and used $50.00 of her down payment to pay for the plan. 52. On or about September 1, 2001, L.L.’s insurance company cancelled her insurance because you, KENNETH JEFFREY BERMAN, and/or employees of your agency, failed to furnish the company with requested underwriting information. 53. Upon cancellation of L.L.’s insurance policy, you, KENNETH JEFFREY BERMAN, failed to return L.L.’s unearned premium in a timely manner. 54. Section 626.9541(1)(z) 3., Florida Statutes states that sliding is the act or practice of...charging an applicant for a specific ancillary coverage or product, in addition to the cost of the insurance coverage applied for, without the informed consent of the applicant. You, 12 KENNETH JEFFREY BERMAN, violated Section 626.9541(1)(z) 3., Florida Statutes, when you and/or your employee, Jill Villegas, sold L.L. an automobile service plan at a cost of fifty and 00/100 dollars ($50.00), without your client’s informed consent. 55. Section 626.611(7), Florida Statutes, provides that the Department may suspend, revoke or refuse to renew an agent’s insurance license if the agent has demonstrated a lack of fitness or trustworthiness to engage in the business of insurance. You, KENNETH JEFFREY BERMAN, violated Section 626.611(7), Florida Statutes, by failing to provide requested underwriting information to the insurance company, causing L.L’s policy to be cancelled, and by failing to refund her cancellation refund in a timely manner. 56. Section 626.611(8), Florida Statutes provides that the Department may suspend, revoke, or refuse to renew an insurance agent’s license when the licensee has demonstrated a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. You, KENNETH JEFFREY BERMAN, violated Section 626.611(8), Florida Statutes by failing to provide the insurance company with requested underwriting information so that your client’s policy was caused to be cancelled, and by failing to refund your client’s premium in a timely manner. 57. Section 626.611(10), Florida Statutes provides that the Department may suspend, revoke, or refuse to renew an insurance agent’s license for misappropriation, ccnversion, or unlawful withholding of moneys belonging to insurers or insureds received in conduct of business under the license or appointment. You, KENNETH JEFFREY BERMAN, violated Section 626.61 1(10) by unlawfully withholding L.L.’s unearned premium, instead of refunding the monies in a timely manner. 13 COUNT VII 58. The above general allegations are hereby realleged and fully incorporated herein by reference. 59. At all times and dates described in Counts I-VJ above, you, KENNETH JEFFREY BERMAN, were Primary Agent of Knight Insurance. Pursuant to Section 626.592, Florida Statutes, as Primary Agent, you, KENNETH JEFFREY BERMAN, were responsible for the hiring and supervision of all employees of Knight Insurance. 60. At all times relevant to the dates and occurrences referenced herein, pursuant to Section 626.734, Florida Statutes, you, KENNETH JEFFREY BERMAN, were personally and fully liable and accountable for any wrongful acts, misconduct, or violation of any provision of the Insurance Code committed either by you or anyone under your direct supervision and control while acting on behalf of the corporation. 61, At no time pertinent to the dates and occurrences within, was your employee, Jill Villegas, licensed as an insurance agent or customer representative in this state. 62. Pursuant to Section 626.112(1)(a), Florida Statutes, “no person may be, act as or advertise himself or herself to be an insurance agent or customer representative unless he or she is currently licensed by the department and appointed by one or more insurers.” By selling insurance, completing applications, quoting and accepting premiums, Jill Villegas held herself out to be an insurance agent, in violation of the Florida Insurance Code, as described in Counts IH, IV, and VI above. 63. Section 624.11(1), Florida Statutes, states that no person shall transact insurance in this state ... without complying with the applicable provisions of the Florida Insurance Code. Section 624.10, Florida Statutes, defines “transacting “insurance” as “(1) solicitation or 14 inducement, (2) preliminary negotiations, (3) effectuation of a contract of insurance, or (4) transaction of matters subsequent to effectuation of a contract of insurance and arising out of it.” As described in Counts III, IV, and VI above, your employee, Jill Villegas, under your direction and control, transacted insurance without a proper license. 64. Section 626.112(b), Florida, Statutes, provides “‘a license as an insurance agent, service representative, customer representative, or limited customer representative is required on order to engage in the solicitation of insurance... solicitation of insurance is... the attempt to persuade any person to purchase an insurance product by... (4) completing orders or applications for insurance products”. Your employee, Jill Villegas, solicited insurance in violation of the Florida Insurance Code by completing orders or applications for insurance products, as described in Counts III, !V and VI above. 65. Pursuant to Section 626.621(12), Florida Statutes, 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, commission, or office is grounds for suspension or revocation of an agent’s insurance license. You, KENNETH JEFFREY BERMAN, violated Section 626.621(12), Florida Statutes when you knowingly aided and abetted your employee, Jill Villegas, to transact insurance in violation of the Florida Insurance Code. 66. Section 626.611(8), Florida Statutes provides that the Department may suspend, revoke, or refuse to renew an insurance agent’s license when the licensee has demonstrated a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. You, KENNETH JEFFREY BERMAN, violated 15 Section 626.61 1(8), Florida Statutes by allowing an unlicensed person to solicit and transact insurance, and by failing to properly supervise an employee of your agency. WHEREFORE, you, KENNETH JEFFREY BERMAN, 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 626.9521, 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 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 stateraent 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 17 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 and SIGNED this 20%" day of Suly , 2004. re fe ee / 7 ) Kir ( CHANDLER Deputy Chief Financial Officer 18 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 JEFFREY BERMAN, 9087 Taft Street, Pembroke Pines, FL 33024-4650; KENNETH JEFFREY BERMAN, 5681 Thistledown Terrace, Davie, FL 33331-2577 by Certified Mail this 26 day of Du , 2004. David Busch Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399 Florida Bar Number 0140945 19

Docket for Case No: 04-002871PL