May 4 2006 10:44 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 84 2666 18:39AM PS , ; FLORIDA _ DEPARTMENT OF FINANCIAL SERVICES FILED TOM GALLAGHER APR 11 2006 STATEOF FLORIDA Dooketed by: x >.> IN THE MATTER OF: CASE NO.: 85585-06-AG NENISE D. TURNBULL / ADMINISTRATIVE COMPLAINT TO: DENISE D. TURNBULL 1319 Branch Street Tallahassee, Florida 32303 DENISE D. TURNBULL 650 West Tennessee Street Tallahassee, Florida 32304 You, DENISE D. TURNBULL, 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 and as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, DENISE D. TURNBULL, currently are licensed in this state as a life including variable annuity (2-14) agent and customer representative, and were so licensed at all times rclevant to the dates and occurrences referenced herein. Your license identification number is E159113. 2, Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (hereinafter referred to as the “Department”) has jurisdiction over your licenses and appointments. May 4 2006 10:45 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 84 2666 18:39AM P4 3. At all times relevant to the dates and occurrences referenced herein you, DENISE D. TURNBUT.L, were employed or affiliated with Direct General Insurance Agency, Inc., a Tennessee corporation (hereinafter “Direct General”), doing business in Florida as Cash Register. COUNT I 4, The above General Allogations are hereby realleged and fully incorporated herein by reference. 5. On or about March 24,2005, you, DENISE D. TURNBULL, sold to William L. Green, Jr. a Travel Protection Plan without his informed consent. IT IS THEREFORE CHARGED that you, DENISE D. TURNBULL, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) No person shall transact insurance 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(1), Florida Statutes]. (b) —s If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code. [Section 626.611(4), Florida Statutes]. (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]. (d) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]. May 4 2006 10:45 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 84 2666 16:46AM PS (ce) Willful failure to comply with, or willful violation of, any proper order or rule of the department, commission, or office or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]. (f) Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the liccnsc or appointment. [Section 626.621(2), Florida Statutes]. (2) Violation of any lawful order or rule of the department, commission, or office. [Section 626.621 (3), Florida Statutes]. (h) 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 IX of this chapter, or having otherwise shown himself or herself to be a source of injury or loss to the public or detrimental to the public interest. [Section 626.621(6), Florida Statutes]. (i) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 626.951 ors. 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance. [Section 626.9521(1), Florida Statutes]. qi) Representing to the applicant that a specific ancillary coverage or product is required by law in conjunction with the purchase of insurance when such coverage or product is not required. [Section 626.9541(1 Xz) ., Florida Statutes). (k) Representing to the applicant that a specilic ancillary coverage or product is included in the policy applied for without an additional charge when such charge is required, (Section 626,9541(1)(z)2., Florida Statutes] May 4 2006 10:45 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr May. 84 2666 16:46AM Pe (ly 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. [Section 626.9541(1)(z)3., Florida Statutes]. COUNT IT 6. The above General Allegations are hereby realleged and fully incorporated herein by reference. 7. On or about March 24, 2005, you, DENISE D. TURNBULL, sold to William [.. Green, Jr. an Accident Medical Protection Plan without his informed consent. IT TS THRREFORE CHARGED that you, DENISE D. TURNBULL, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 624,11(1), 626.611(4), 626.611(7), 626.611(9), 626.611(13), 626.621(2), 626.621(3), 626.621 (6), 626.9521(1), 626.9541(1)(z)1., 626.9541(1)(z)2., and 626.9541 (1)(z)3., Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT ITT 8. The above General Allegations are hercby realleged and fully incorporated herein by refercnee. . 9. On or about March 24, 2005, you, DENISE D. TURNBULL, sold to William L. Green, Jr. a Term Life Insurance Policy without his informed consent. IT IS THEREFORE CHARGED that you, DENISE D. TURNBULL, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which May 4 2006 10:45 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 64 2666 16:46AM Pr constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 624.1 1(1), 626.611(4), 626.611(7), 626.611(9), 626.61 1(13), 626,621 (2), 626.621(3), 626.621(6), 626.9521 (1), 626.9541(1)(z)1., 626.9541 (1)(z)2., and 626.9541(1)(z)3., Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT IV 10. The above General Allegations are hereby realleged and fully incorporated herein by reference. 11. On or about February 9, 2005, you, DENISE D. TURNBULL, sold to Patricia Brown.a Travel Protection Plan without her informed consent. TT IS THERE‘ORE CHARGED that you, DENISE D. TURNBULL, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your liccnses as an insurance agent in this state: | (a) Sections 624.11(1), 626.611(4), 626.611(7), 626.611(9), 626.611(13), 626.621(2), 626.621(3), 626.621(6), 626.9521(1), 626.9541 (1)(2)1., 626.9541 (1)()2.. and 626.9541(1)(z)3., Florida Statutes, which are more fully set forth in Count | above and fully incorporated herein by reference. COUNT V 12, The above General Allegations are hereby realleged and fully incorporated herein by reference. May 4 2006 10:45 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 64 2666 16:41AM Pe 13.. Onor about February 9, 2005, you, DENISE D. TURNBULL, sold to Patricia Brown an Accident Medical Protection Plan without her informed consent. IT IS THEREFORE CHARGED that you, DENISE D. TURNBULL, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 624.11(1), 626.611(4), 626.611(7), 626.611(9), 626.611(13), 626.621(2), 626.621(3), 626.621(6), 626,9521(1), 626.9541(1)(2)1., 626.9541(1)(7)2., and 626.9541(1)(z)3., Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. COUNT VI 14. The above General Allegations arc hereby realleged and fully incorporated herein by reference. 15. On of about February 9, 2005, you, DENISE D. TURNBULL, sold to Patricia Brown a Term Life Insurance Policy without her informed consent. IT 18 THEREFORE CHARGED that you, DENISE D. TURNBULL, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 624.11(1), 626.611(4), 626.611(7), 626.611(9), 626.611(13), 626.621(2), 626,621(3), 626.621 (6), 626.952.1(1), 626.9541(1)(z)1., 626.9541(1)(4)2., and 626.9541 (1)(z)3., Florida Statutes, which are more fully sct forth in Count I above and fully incorporated herein by reference. May 4 2006 10:45 FROM :DEPT OF FINANCIAL SERVICES FAX NO, + 858457r4ogr May. 84 2666 16:41AM Pa WHEREFORE, you, DENISE D. TURNBULL, 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 624.15, 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 and under the provisions of Rule 69B-231, Florida Administrative Code. You are further notified that any order entered in this case revoking or suspending any license or eligibility for licensure held by you shall also apply to all other licenses and eligibility held by you under the Florida Insurance Code. NOUWICE 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 Kast 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 I'AILURE TO RESPOND IN WRITING WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGIIT TO REQUEST A PROCERDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILT. BE ENTERED AGAINST YOU. May 4 2006 10:47 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 May. G4 2666 16:41AM Pia 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, ot other communication that the party has received from the agency. Tf'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. Ifa proceeding is requested and there is no dispute of material fact, the provisions of Scction 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 ot 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, I'lorida. May 4 2006 10:47 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 May. G4 2666 1@:42AmM Pil 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 ahandoned 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 | ‘oh day of ewes mat 2006. KAREN CHA Deputy Chief Financial Officer May 4 2006 10:47 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 64 2866 1a:4eAM Pil2 IL(EREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been finished to: DENISE D, TURNBULI. c/o Michael Billmeier, Jr, Volpe, Bajalia, Wickes, Rogerson, Galloway & Wachs, Attorneys at Law, 106 East College Avenue, Suite 600, Ts ahassee, Florida 32301, Attorney for Respondent, by Certified Mail this LL td day of . ; 2006. k Greg 8. Marr Florida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4180 Florida Bar Number 131369 “petiole Number «COMPLETE THIS SECTION ‘On:DELIVERY _— — A Saeed by (Piaaeo Print Clearly) B. ay Delivery Like it i o. Signature iment x Cl Adgrasene | nen ‘ (J vou d duragss alffarant from tan 1? - [| vaag 3ah sana 65 136 eee ey ase al ine i q _| 7 3, Bervica Type CERTIFIED MAIL x 17D Rastrioled Palivary? (extra Foe) [Xlvea , __ ; an {drasaed to: . = i 4, Article Addreseed to: - — fumaton i oe 4 =. BILLMBIER, JR., ESQUIRE ! HST TALIA, WICKES, ROGERSON, | g5585-06-AG GALLOWAY & WACIIS Apu 1, 2006 “TORNEYS AT LA i ‘RAST COLLEGE AVENUE, SUITE 600 . Mart | TALLAHASSER. FL. 37301 i : ere a AO, a May 4 2006 10:48 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 64 2666 16:42AM P1s STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN ‘THE MATTER OF: CASE NO,: 85385-06-AG DENISE D. TURNBULL ELECTION OF PROCEEDING T have received and have read the Notice of the ADMINISTRATIVE COMPLAINT filed against me, including the Notice of Rights contained therein, and I understand my options. I am requesting " disposition of this matter as indicated below. (Choose one) 1.0] I do not dispute any of the Department’s factual allegations and | do not desire a hearing. I understand that by waiving my right to a hearmg, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including revoking my licenses and appointments as may be appropriate. 2. I do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with section 120,57(2), Florida Statutes, T this regard, I desire to (Choose one): {] Submit a written statement and documentary evidence in lieu of a hearing; or {] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or . tJ Attend that same hearing by way of a telephone conference call. 3.0] I do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. ‘ TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILL YOUR RUSPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT Ol THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is! General Counsel as acting agency clerk, Florida Department of Financial ™ Services, 612 Larson Building, 200 Fast Gaines Street, Tallahassee, Florida 32399-0333. Signature Print Name Date oe Address: Phone No.: ll

Docket for Case No: 06-001588PL