Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: LEONARD HARRIS STREIT
Judges: STUART M. LERNER
Agency: Department of Financial Services
Locations: Lauderdale Lakes, Florida
Filed: Feb. 16, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 14, 2005.
Latest Update: Dec. 24, 2024
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FILED
F =e APR 10 2003
DEPARTMENT OF FINANCIAL SERVICES
Docketed bys, uv
ToM GALLAGHER
‘(CHIEF FINANCIAL OFFICER
IN THE MATTER OF: OS: OST APL
CASE NO.: 61842-03-AG
LEONARD HARRIS STREIT
ADMINISTRATIVE COMPLAINT
TO: LEONARD HARRIS STREIT
9500 S.W. 1* Court
Coral Springs, FL 33071
You, LEONARD HARRIS STREIT, 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, LEONARD HARRIS STREIT,
are currently licensed in this state as a Life (2-16), Life & Health (2-18), and Health (2-40) agent,
license ILD. #4256352.
2. At all times pertinent to the dates and occurrences referred to herein, you,
LEONARD HARRIS STREIT, 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.
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COUNT]
4, The above general allegations are hereby realleged and fully incorporated herein
by reference,
5, On or about March 2001, you, LEONARD HARRIS STREIT, as a licensed
insurance agent, contacted S.H. to sell hima a health insurance plan through an entity known as
TRG.
6. You furnished to him application forms which he completed and delivered to you
together with his check in the sum of $100.00 payable to Florida Insurance Solutions and
representing an application fee. On or about March 2001, S.H. additionally delivered to you a
check in the amount of $488.00 made payable to the Dardick Agency representing an application
fee for two adults at a cost of $100.00 each plus $288.00 as initial premium payment for
coverage by TRG. Said plan purportedly became effective May 1, 2001.
7, The Dardick Agency drafted $288.00 per month between and including May 2001
and November 2001 from an account controlled by $.H. as payment for continuing insurance ~
under TRG.
8. Thereafter, on or about November 2001, S.H. received information that his health
insurance coverage had been cancelled by TRG and further, he 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.
9. Atall times material herein, TRG was an entity unauthorized to conduct insurance
business in the state of Florida.
10. TRG refused to pay claims incurred between May 200] and November 2001, on
behalf of S.H.
JT IS THEREFORE CHARGED that you, LEONARD HARRIS STREIT, have violated
or are accountable under the following provisions of the Florida Insurance Code and Rules of the
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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];
(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 [X) 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 personne) 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, LEONARD HARRIS STREIT, 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.
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COUNT D
11. The above general allegations are hereby realleged and fully incorporated herein
by reference.
12. On or about October 2001, you, LEONARD HARRIS STREIT, as a licensed
insurance agent, contacted G.C. to sell him a health insurance plan through an entity known as
TRG.
13. You furnished to G.C. application forms which he completed and delivered to
you. On or about October 2001, G.C. additionally delivered to you a check in the amount of
$540.00 made payable to “TDA” representing a membership fee in the American Employee
Benefit Association at a cost of $100.00 plus $440.00 as initial premium payment for insurance
coverage under TRG. Said plan purportedly became effective October 1, 2001. Additionally, on
or about October 2001, S.H. delivered to you a check made payable to “Len Streit” in the amount
of $200.00 representing an application fee for two adults at a cost of $100 per adult.
14. Thereafter, on or about January 2002, G.C. received information that he had no
coverage with TRG.
15. At all times material herein, TRG was an entity unauthorized to conduct insurance
business in the state of Florida.
16. TRG refused to pay claims incurred on behalf of G.C.
IT IS THEREFORE CHARGED that you, LEONARD HARRIS STREIT, 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];
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(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 Jaw 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, LEONARD HARRIS STREIT, 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.
COUNT II
17, The above general allegations are hereby realleged and fully incorporated herein
by reference.
18. Onor about August 2001, you, LEONARD HARRIS STREIT, as a licensed
insurance agent, contacted V.R. to sell her a health insurance plan through an entity known as
TRG.
wa
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19. You furnished to V.R. application forms which she completed and delivered to
you. On or about August 2001, V.R additionally delivered to you a check in the amount of
$400.00 made payable to the Dardick Agency as initial premium payment for insurance coverage
through TRG. Said plan purportedly became effective September 1, 2001.
20. Thereafter, on or about November 2001, V.R. 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.
21. 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, LEONARD HARRIS STREIT, 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];
(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];
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(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, LEONARD HARRIS STREIT, 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.
COUNT IV
22, The above general allegations are hereby realleged and fully incorporated herein
by reference.
23. On or about May 2000, you, LEONARD HARRIS STREIT, as a licensed
insurance agent, contacted C.L. to sell her a health insurance plan through an entity known as
TRG.
24. On or about May 2000, C.L. delivered to you a check in the amount of $273.19
made payable to the Dardick Agency, $173.19 of which constituted an initial premium payment
for insurance coverage through TRG, and additional $100.00 for unknown purposes. Thereafter,
between and including May 2000 and at least November 2000, C.L. made regular monthly
payments by checks made payable to the Dardick Agency for insurance coverage under TRG.
25. At all times material herein, TRG was an entity unauthorized to conduct insurance
business in the state of Florida.
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N XN.
IT IS THEREFORE CHARGED that you, LEONARD HARRIS STREIT, 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];
(ad) 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];
provisions of Sections 626.611, 626.621, 626.681, 626.691, and 626.901, Florida Statutes, and
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under the other referenced sections of the Florida Statutes as set out in this Administrative
Complaint.
COUNT V.
26. The above general allegations are hereby realleged and fully incorporated herein
by reference.
27. On or about February 2001, you, LEONARD HARRIS STREIT, as a licensed
insurance agent, contacted A.B. to sell hina a health insurance plan through an entity known as
TRG.
28. On or about February 2001, A.B. delivered to you a check in the amount of
$322.50 made payable to the Dardick Agency as initial premium payment for insurance coverage
through TRG, in an amount of $222.50 and additional $100.00 for an association fee.
Thereafter, between and including March 2001 and November 2001, the Dardick Agency debited
an account controlled by A.B. the sum of $222.50 monthly for insurance coverage under TRG.
29. — Atall times material herein, TRG was an entity unauthorized to conduct insurance
business in the state of Florida.
30. TRG refused to pay claims incurred on behalf of A.B.
IT IS THEREFORE CHARGED that you, LEONARD HARRIS STREIT, 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];
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(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];
(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 [X) 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, LEONARD HARRIS STREIT, 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.
COUNT VI
31, The above general allegations are hereby realleged and fully incorporated herein
by reference.
32. On or about February 2000, you, LEONARD HARRIS STREIT, as a licensed
insurance agent, contacted J.W. to sell her a health insurance plan through an entity known as
TRG.
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33. | Onor about February 2000, you furnished to J.W. application forms which she
completed and delivered to you together with his check in the sum of $100.00 payable to
Goldberg Insurance Group and a check in the sum of $257.54 made payable to the Dardick
Agency representing an unknown fee of $100.00 plus $157.54 as initial premium payment for
coverage under TRG. ,
34. Thereafter, between and including March 2000 and at least October 2001, J.W.
paid monthly premiums to the Dardick Agency in an amount ranging between $154.00 and
$182.00 monthly for insurance coverage under TRG.
35. Atall times material herein, TRG was an entity unauthorized to conduct insurance
business in the state of Florida.
36. TRG refused to pay claims incurred on behalf of J.W. in excess of $2,000.00.
It IS THEREFORE CHARGED that you, LEONARD HARRIS STREIT, 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 Jack 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];
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(¢) 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, LEONARD HARRIS STREIT, 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.
12
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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;
(>) A statement that the party is requesting a hearing involving disputed issues of
material fact, or a bearing not involving disputed issues of material fact; and
(c) A reference to the notice, order to show cause, administrative complaint, or other
cormmunication 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 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
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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 and SIGNED this roth day of dpril , 2003.
Aber lawl
N CHANDLER
Deputy Chief Financial Officer
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CERTIFICATE OF SERVICE
IHEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE
COMPLAINT and ELECTION OF PROCEEDING has been furnished to: LEONARD HARRIS
STREIT, 9500 S.W. 1% Court, Coral Springs, FL 33071, by Certified Mail this__/ ov
day of April , 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
15
Docket for Case No: 05-000573PL
Issue Date |
Proceedings |
Jun. 14, 2005 |
Order Closing File. CASE CLOSED.
|
Jun. 14, 2005 |
Motion to Relinquish Jurisdiction filed.
|
May 09, 2005 |
Notice of Hearing by Video Teleconference (video hearing set for June 15, 2005; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
May 09, 2005 |
Petitioner`s Availability for Rescheduled Final Hearing filed.
|
May 05, 2005 |
Letter to Judge Lerner from L. Streit regarding the continuance filed.
|
May 02, 2005 |
Order Granting Continuance (parties to advise status by May 6, 2005).
|
Mar. 10, 2005 |
Order of Pre-hearing Instructions.
|
Mar. 10, 2005 |
Notice of Hearing by Video Teleconference (video hearing set for May 2, 2005; 10:00 a.m.; Miami and Tallahassee, FL).
|
Feb. 25, 2005 |
Response to Initial Order (filed by Petitioner).
|
Feb. 17, 2005 |
Initial Order.
|
Feb. 16, 2005 |
Election of Proceeding filed.
|
Feb. 16, 2005 |
Administrative Complaint filed.
|
Feb. 16, 2005 |
Agency referral filed.
|