Jul 18 2006 17:00 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Jul, 16 2686 4:54PM P3135 FLORIDA _ DEPARTMENT OF FINANCIAL SERVICES Co FILED TOM GALLAGHER CHIEF FINANCIAL OFFICER STATE OF FLORIDA MAY 30 2006 IN THE MATTER OF: Bockeied bi YL CASE NO,; 82021-06-AG SIMON PETER BARKER ADMINISTRATIVE COMPLAINT TO: SIMON PETER BARKER Enterprise Title and Escrow, Inc. of Arlington 3351 Hendricks Avenue Jacksonville, FI. 32207 You, SIMON PETER BARKRR, license [.D. #4031753, 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 lL Pursuant to Chapter 626, Florida Statutes, you, SIMON PETER BARKER, are currently licensed in this state as a Title Agent (4-10). 2. At all times pertinent to the dates and occurrences referred to herein, you, SIMON PETER BARKER, were licensed in this state as a ‘Title Insurance Agent. 3. Pursuant to Chapter 626, Florida Statutes, the FLORIDA DEPARTMENT OF FINANCIAL SERVICES has jurisdiction over your title insurance agent license and appointments. 4, At all times material herein, you, SIMON PETER BARKER, as a licensed insurance agent, conducted insurance business through Enterprise Title and Escrow, Inc. of Arlington, a Florida corporation, which was an unlicensed title insurance agency. You, as Jul 18 2006 17:00 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Jul. 18 2666 84:35PM P4715 President and Treasurer of this corporation, were and ate a signatory to its escrow account maintained at SouthTrust Bank. COUNT I 5. The above general allegations are hereby realleged and fully incorporated herein by reference. 6. On or about August 20, 2001, you, SIMON PETER BARKER, through Enterprise Title and Escrow, Inc. of Arlington (hereinafter "ENTERPRISE"), acted as closing agent for a purchase and loan transaction involving DAJ and his wife, 8JJ, file number 21A3101, You caused issuance of checks from the ENTERPRISE escrow account on uncollected funds which thereafter caused and is yet causing great difficulty for DAJ and SJJ. Upon discovery of your etror and wrongful disbursement of escrow funds, you then filed a lis pendens against the DAT and SJJ property in an attempt to recover moneys which you had wrongfully released at closing. IT IS THEREFORE CHARGED that you, SIMON PETER BARKER, 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) Demonstrated lack of fitness or trustworthiness to represent a title insurer in the issuance of commitments, binders, policies of title insurance, or guarantees of title. [Section 626,8437(4), Florida Statutes]; , (b) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 626,8437(5), Florida Statutes]; (c) Misappropriation, conversion, or unlawful withholding of moneys belonging to title insurers or insureds or others and received in conduct of business under the license or appointment. [Section 626.8437(7), Florida Statutes]; Jul 18 2006 17:01 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Jul. 18 2666 84:35PM PS713 (d) Any cause for which issuance of the license or appointment could have been refused that had then existed and been known to the department. [Section 626.844(1), Florida Statutes]; (ec) Violation of any provision of this act in the course of dealing under the license or appointment. [Section 626.844(2), Florida Statutes]; (tp Title insurance may be sold only by a licensed title insurance agent employed by a licensed title insurance agency or employed by a title insurer. [Section 626.8412(1)(a), Florida Statutes]; (zg) A title insurance agent may not sell a title insurance policy issued by an insurer for which the agent does not hold a current appointment. [Section 626.8412(1)(b), Florida Statutes); (h) A person, other than a title insurance agency or an employee of a title insurance agency, may not perform any of the functions of a title insurance agency without a title insurance agency license. [Section 626.8412(2), Florida Statutes]; (i) Funds required to be maintained in escrow trust accounts pursuant to this section shall not be subject to any debts of the title insurance agent and shall be used only in accordance with the terms of the individual escrow, settlement, or closing instructions under which the funds were accepted, [Section 626.8473(4), Florida Statutes]. ((}) A title insurance agent or title insurer may not use, endanger, or encumber money held in trust without the permission of the owner of such money, given after full disclosure of the circumstances: Accordingly, a title insurance agent or title insurer may not disburse funds unless the funds are collected funds. [Chapter 690-186.008(1), F.A.C.]. COUNT I 7. The above general allegations are hereby realleged and fully incorporated herein by reference. 8. On or about August 20, 2001, you, SIMON PETER BARKER, as a licensed insurance agent, and acting through ENTERPRISE, an unlicensed title agency, caused title Jul 18 2006 17:01 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Jul, 16 2686 4:55PM P6135 insurance Policy No. 5332-214559 to be issued by Fidelity National Title Insurance Company of New York, ENTERPRISE had no agency agreement with that underwriter. 9. On or about August 20, 2001, you, SIMON PETER BARKER, as a licensed insurance agent, caused Check No. 11441, written on the ENTERPRISE escrow account in the sum of $999.41 to be issued to ENTERPRISE as a portion of the title insurance premium for Poli¢y No. 5332-214559. ENTERPRISE was not and is not a llorida licensed insurance agency and cannot reccive any portion of a title insurance premium. IT IS THEREFORE CHARGED that you, SIMON PETER BARKER, 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) Demonstrated lack of fitness or trustworthiness to represent a title insurer in the issuance of commitments, binders, policies of title insurance, or guarantees of title. [Section 626,8437(4), Florida Statutes]; (b) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 626,8437(5), Florida Statutes]; (c) Misappropriation, conversion, or unlawful withholding of moneys belonging to title insurers or insureds or others and received in conduct of business under the license or appointment. [Section 626.8437(7), Florida Statutes]; (d) — Any cause for which issuance of the license or appointment could have been refused that had then existed and been known to the department. [Section 626.844(1), Florida Statutes]; (e) Violation of any provision of this act in the course of dealing under the license or appointment. [Section 626.844(2), Florida Statutes]; Jul 18 2006 17:01 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Jul. 18 2666 84:36PM Pris (f) Title insurance may be sold only by a licensed title insurance agent employed by a licensed title insurance agency or employed by a title insurer. [Section 626,8412(1)(a), Florida Statutes); (g) A title insurance agent may not sell a title insurance policy issued by an insurer for which the agent does not hold a current appointment. [Section 626.8412(1)(b), Florida Statutes]; (h) A person, other than a title insurance agency or an employee of a title insurance agency, may not perform any of the functions of a title insurance agency without a tille insurance agency license. [Section 626.8412(2), Florida Statutes]; (60) Funds required to be maintained in escrow trust accounts pursuant to this section shall not be subject to any debts of the title insurance agent and shall be used only in accordance with the terms of the individual escrow, settlement, or closing instructions under which the funds were accepted. [Section 626.8473(4), Florida Statutes]. (j) A title insurance agent or title insurer may not use, endanger, or encumber money held in trust without the permission of the owner of such money, given after full disclosure of the circumstances. Accordingly, a title insurance agent or title insurer may not disburse funds unless the funds are collected funds. [Chapter 690-186.008(1), F.A.C.]. COUNT IN 10. The above general allegations are hereby realleged and fully incorporated herein by reference, li. Between April 5, 2002 and August 26, 2003, you, SIMON PETER BARKER, as a licensed insurance agent, acting through ENTERPRISE, issued 24 title insurance policies through Fidelity National Title Insurance Company and collected the premiums therefor. Tora period of some two years you failed to furnish to Fidelity such policies and premiums. On or about July 27, 2004, employees of Fidelity picked up such policies, accounts, and premium checks at your business premises located at 3351 Hendrix Avenue, Jacksonville, Florida 32307. Jul 18 2006 17:02 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Jul. 18 2666 @4:56PM Pals IT IS THEREFORE CHARGED that you, SIMON PETER BARKER, 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) Demonstrated lack of fitness of trustworthiness to represent a title insurer in the issuance of commitments, binders, policies of title insurance, or guarantees of title. [Section 626,8437(4), Florida Statutes); (b) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 626.8437(5), Florida Statutes]; (c) Misappropriation, conversion, or unlawful withholding of moneys belonging to title insurers or insureds or others and received in conduct of business under the license or appointment. [Section 626.8437(7), Florida Statutes]; (d) Any cause for which issuance of the license or appointment could have been refused that had then existed and been known to the department. [Section 626.844(1), Florida Statutes]; (e) Violation of any provision of this act in the course of dealing under the license or appointment, [Section 626.844(2), Florida Statutes]; (f) Title insurance may be sold only by a licensed title insurance agent employed by a licensed title insurance agency or employed by a title insurer. [Section 626.8412(1)(a), Florida Statutes]; (g) A title insurance agent may not sell a title insurance policy issued by an insurer for which the agent does not hold a current appointment. [Section 626.8412(1)(b), Florida Statutes]; (h) — A person, other than a title insurance agency or an employee of a title insurance ageney, may not perform any of the functions of a title insurance agency without a title insurance agency license. [Section 626.841 2(2), Florida Statutes]; Jul 18 2006 17:02 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Jul. 18 2666 @4:56PM Pov13 (6) Funds required to be maintained in escrow trust accounts pursuant to this section shall not be subject to any debts of the title insurance agent and shall be used only in accordance with the terms of the individual escrow, settlement, or closing instructions under which the funds were accepted, [Section 626.8473(4), Florida Statutes]. q@ A title insurance agent or title insurer may not use, endanger, or encumber money held in trust without the permission of the owner of such money, given after full disclosure of the circumstances. Accordingly, a title insurance agent or title insurer may not disburse funds unless the funds are collected funds. [Chapter 690-186.008(1), F.A.C.]. WHEREFORE, you, SIMON PETER BARKER, 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 626.8437, 626.844, 626.8457, and 626.846, Florida Statutes, and under the other referenced Sections of the Florida Statutes as set out in this Administrative Complaint. 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, 61 2 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 Jul 18 2006 17:02 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Jul. 18 2666 @4:57PM Pig-13 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. Ifa hearing of atry 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. Jul 18 2006 17:03 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Jul. 18 2686 4:57PM Pii-13 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 30°74. day of (Via yi. 2006. REN CHANDLER Deputy Chief Financial Officer Wa, . we fy Sr F ys v Jul 18 2006 17:03 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Jul. 18 2686 @4:57PM Pi213 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: SIMON PETER BARKER, linterprise Title and Escrow, Inc. of Arlington, 3351 Hendricks Avenue, Jacksonville, FL 32207 by Certified Mail this 30%A__ day of (Va. ra _., 2006. vo a - Dean Andrews Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4242 Florida Bar Number 0001959 10

Docket for Case No: 06-002624PL