- 4 FLORIDA DEPARTMENT OF FINANCIAL SERVICES TOM GALLAGHER r i L E ay CHIEF FINANCIAL OFFICER STATE OF FLORIDA : NOV 29 on§ IN THE MATTER OF: . Dosketad by- ELL. . ; CASE NO. 82352-05-AG JOSEPH DONALD MOONEY / () p cL ADMINISTRATIVE COMPLAINT TO: JOSEPH DONALD MOONEY 1120 53 Avenue E, Bradenton, Florida 34203-4889 JOSEPH DONALD MOONEY 1780: SW 4" Court Pembroke Pines, Florida 33029 You, JOSEPH DONALD MOONEY, are hereby notified that pursuant to Chapter 626, Florida Statutes, the Chief Financial Officer of the State of Florida, has caused to be made an investigation of your activities while licensed as an insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. You, JOSEPH DONALD MOONEY, are currently licensed in the state as a life insurance agent, life and health insurance agent, general lines insurance agent and as a surplus lines insurance agent. oo nt ) “| 2. At all time pertinent to the dates and occurrences referred to in this Administrative Complaint you, J OSEPH DONALD MOONEY, were licensed as an insurance agent in this state, 3. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint, you, JOSEPH DONALD MOONEY, you were an officer and director of Manasota Underwriters, Ine, a Florida incorporated insurance agency. 4, At ali times pertinent to the dates and occurrences referred to in this Administrative Complaint, and pursuant to Section 631.154 and 631. 155, Florida Statutes, all funds collected by you, JOSEPH DONALD MOONEY, and Manasota Underwriters, Inc., as premiums and unearned commissions on behalf of Superior Insurance Company, an insurer in " receivership under Chapter 631, Florida Statutes, constituted an asset of the i insurer for which you, JOSEPH DONALD MOONEY, had a duty to account to the receiver and to pay over amounts as may be due. COUNT I 5. Paragraphs one through four are realleged and incorporated herein by reference. 6. On or about September 29, 2004, an Order was entered in the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida In Re: The Receivership of Superior Insurance Company; Case No. 2003-CA-1979, for the immediate delivery of funds on receiver’s . 631.154 demand, directing the immediate return of $85,840.47 in premiums which Manasota Underwriters, Inc., and JOSEPH DONALD MOONEY, owe to Superior Insurance Company on Manasota’s account current. 7. You, JOSEPH DONALD MOONEY, failed to comply with Court's Order and remit the funds to the receiver or anyone else so entitled, You, JOSEPH DONALD MOONEY, have retained the funds for your own use and benefit. 8. The above mentioned premium payments represented trust funds received by you, . JOSEPH DONALD MOONEY, from insurance consumer in a fiduciary capacity for the estate of Superior Insurance Company and its Florida receiver. 9. You, JOSEPH DONALD MOONEY, have converted, misappropriated, or ’ wrongfully withheld fiduciary funds belonging to the estate of Superior Insurance Company. 10. Demand was made by the receiver for payinent of the funds, but you, JOSEPH _ DONALD MOONEY, have refused same. IT IS THEREFORE CHARGED that you, JOSEPH DONALD MOONEY, have violated or are = accountable under the following provisions of the Florida Insurance Code and Rules of the Chief Financial Officer which constitute grounds for the suspension or revocation of your "insurance licenses and eligibility for licensure: (a) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. [Section 626.561(1), Florida Statutes]; (b) Demonstrated. lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.61 1(9), Florida Statutes]; - ”) (d) Misappropriation, conversion, or unlawful withholding of moneys belonging t to insurers or insureds or beneficiaries or to others and received in conduct of business under the license, [Seotion 626.611(10), Florida Statutes]; (e) Willfull violation of any provision of the Insurance Code. [Section 626.61 1(13), Florida Statutes]; | (f) Violation of any provision of the Insurance Code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Section 626.621 (4), Florida Statutes]. . (g) Failure or refusal, upon demand, to pay over to any insurer he represents or has represented any money coming into his hands belonging to the insurer. [Section 626.621(4), Florida Statutes]; (h) Failure to account for premiums and unearned commissions which have been - collectéd on behalf of an insurer and which constitute an asset of the insurer for which the agent has a duty to account for to the receiver and to pay over amounts as may be due, Failure to comply with this section shall be sufficient grounds for the license revocation. [Section 631.155, Florida Statutes. ] WHEREFORE, you, JOSEPH DONALD MOONEY, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appointments as an insurance agent or to impose such penalties as may be provided under the provisions of Sections 626.611, 626.621, 626.681, 626.691, 626.692, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. You are further notified that any order entered in this case revoking ms, ~. - “) or suspending any license or eligibility for licensuré held by you shall also apply to all other licenses and eligibility held by you under the Florida Insurance Code. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department pursuant to sections 120.569 and 120.57, F lorida 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 Tesponse 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 form 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 Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an 6 @ @ administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. ‘Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available, No Department attorney will discuss this matter with you until the response has been received by the Department of Insurance. ' DATED this 2qt day of Novem ber , 2005, IN CHANDLER Deputy Chief Financial Officer CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint was mailed by certified mail to: JOSEPH DONALD MOONEY, 1120 53 Avenue E. Bradenton, FL 3422203-4889; and JOSEPH DONALD MOONEY, 1780° SW 4" Court, Pembroke Pines, FL 33029 on this 2.9" day of November, 2005. 1 Fon IMES A. BOSSART“ESO . ision of Legal Services” 612 Larson Building Tallahassee, FL 32399-0333 (850) 413-4124

Docket for Case No: 06-001288PL