Now 1? 2006 3:05 FROM : DEPT OF FINANCIAL SERVICES FAX NO. 285845 749R7? Nov. 17 2686 B7:S7AM Pe ) ry DEPARTMENT OF FINANCIAL SERVICES TOM GALLAGHER CHIEF FINANCIAL OFFICER STATE OF FLORIDA AUG 83 2006 Dosketed by SS IN THE MATTER OF: . CASE NO.: 84546-06-AG ROGER DALE SCITES / ADMINISTRATIVE COMPLAINT. TO: ROGER DALE SCITES 5224 26"" Avenue, North St. Petersburg, Florida 33710 ROGER DALE SCITES c/o Florida No Fault Insurance 3775 34" Street North St. Petersburg, Florida 33710-3425 You, ROGER DALE SCITES, 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: 1. Pursuant to Chapter 626, Florida Statutes, you, ROGER DALE SCITES, currently are licensed in this state as a life and health (2-18), and general lines (2-20) agent, and were so . licensed at all times relevant to the dates and occurrences referenced hercin. Your license identification number is A2363 13. Now 1? 2006 3:05 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Nov. 17 2666 BPSrAM Pe ) . ‘ 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (hereinafter referred to as the “Department”) has jurisdiction over your license and appointments. 3, At all times relevant to the dates and occurrences referenced herein you, ROGER. DALE SCITES, were employed with Direct General Insurance Agency, Inc., a Tennessee corporation, doing business in Florida as Florida No Fault Insurance Agency. COUNT I 4. The above General Allegations are hereby realloged and fully incorporated herein by reference. 5. On or about February 21, 2005, you, ROGER DALE SCITES, sold to Laura M. Barnes an Accident Medical Protection Plan without her informed consent. IT IS THEREFORE CHARGED that you, ROGER DALE SCITES, 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) 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]. Now 1? 2006 3:05 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Now. 17 2866 8 SeAM Pe , , oy (d) Fraudulent or dishonest practices in the conduct of business under the license or appointment, [Section 626.61 1(9), Florida Statutes]. (e) 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 626.6] 1(13), Florida Statutes]. ) 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 license or appointment. [Section 626.621(2), Florida Statutes], (g) 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) 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)(z)1., Florida Statutes]. a) Representing to the applicant that a specific 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] (k) — 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]. Now 1? 2006 3:06 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Nov. 17 2666 8PSeAM Po COUNT I 6. The above General Allegations are hereby realleged and fully incorporated herein by reference, 7. On or about February 21, 2005, yon, ROGER DALE SCITES, sold Laura M. Bares a Travel Protection Plan without her informed consent. Il IS THEREFORE CHARGED that you, ROGER DALE SCITES, have violated or are accountable under one or more of the following provisions of the [lorida 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), 626.61 1(7), 626.61 1(9), 626.611(13), 626.621(2), 626.621(3), 626.621(6), 626.9541(1\(z)1., 626.9541(1)(2)2., and 626.9541(1)(z)3., Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by teference. COUNT III 8. The above General Allegations are hereby realleged and fully incorporated herein by reference, 9. On or about January 7, 2005, you, ROGER DALE SCITES, sold Arvilla Fischer an Accident Medical Protection Plan without her informed consent. IT IS THEREFORE CHARGED that you, ROGER DALE SCITES; have violated or are accountable under one or more of the following provisions of the Florida Insurance Codo, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: Now 1? 2006 3:06 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Now. 1? 2866 BPSsAM Plea > ) (a) Sections 624.11(1), 626.611(4), 626.61 1(7), 626.611(9), 626.611(13), 626.621(2), 626,.621(3), 626.621(6), 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 } above and fully incorporated herein by reference, COUNT IV 10, The above General Allegations are hereby realleged and fully incorporated herein by reference. 11. Qn or about January 7, 2005, you, ROGER DALE SCITES, sold Arvilia Fisher a Travel Protection Plan without her informed consent. Iv [8 THEREFORE CHARGED that you, ROGER DALE SCITES, 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), 626.9541(1)(z)1., 626.9541(1)(4)2., and 626.9541(1)(z)3., Florida Statutes, which arc more fully set forth in Count I above and fully incorporated herein by reference, COUNT V 12. The above General Allegations are hereby realleged and fully incorporated hercin by reference. 13. Onor about January 18, 2005, you, ROGER DALE SCITES, sold Catherine Roy an Accident Medical Protection Plan without her informed consent. Now 1? 2006 3:06 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Nov, 1? 2866 @7:SBAM Pil %, - I } IT IS THEREFORE CHARGED that you, ROGER DALE SCITES, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension of revocation of your licenses as an insurance agent in this — state: (a) — Sections 624.11(1), 626.611(4), 626.611(7), 626.61 1(9), 626.611(13), 626.621(2), 626.621(3), 626.621(6), 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 VI } 14. The above General Allegations are hereby realleged and fully incorporated herein by reference. 15, On or about March 7, 2005, you, ROGER DALE SCITES, sold to Dawn Platero an Accident Medical Protection Plan without her informed consent, IT 18 THEREFORE CHARGED that you, ROGER DALE SCITES, 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), 626.61 1(9), 626.611(13), 626.621(2), 626.621(3), 626.621(6), 626.9541(1)(4)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 referonce. Now 1? 2006 3:06 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Now. 17 2866 @PSgAM Pil2 | Oy COUNT VIT 16. | The above General Allegations are hereby realleged and fully incorporated herein by reference. 17. On or about March 7, 2005, you, ROGER DALE SCITES, sold Dawn Platero a Travel Protection Plan without her informed consent. IT IS THEREFORE CHARGED that you, ROGER DALE SCITES, have violated or are accountable under one ot 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), 626.9541{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, WHEREFORE, you, ROGER DALE SCITES, 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 Ilorida Insurance Code. Now 1? 2006 3:07 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Nov. 17 2866 @PSSAM Pls 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 Depariment 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 reccipt 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 tesponse 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 issucs 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. Now 1? 2006 3:07 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Now. 17 2866 BS:E8AM P14 Ifa hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at yout expense, to present evidence and argument, to call and ctoss-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 Scctions 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 Tallahassec, 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. 9 Now 1? 2006 3:07 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Nov. 17 2866 BS:88AM PS 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 ils “Sol ay of KAREN CHANDLER Deputy Chief Financial Officer 10 Now 1? 2006 3:08 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Now. 17 2866 88:66AM P16 CERTIFICATE OF SERVICE THEREBY CERTIFY that a trae and correct copy of the foregomg ADMINISTRATIVE | COMPT.AINT and the following ELECTION OF PROCEEDING has been furnished to: ROGER DALE SCITES 5224 26" Avenue, North St. Petersburg, Florida 33710 ROGER DALE SCITES c/o Florida No Fault Insurance 3775 34" Street North St. Petersburg, Florida 33710-3425 by Certified Mail this( SucZiay of Llagusl 2006. GREG MARR Florida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413- Florida Bar Number

Docket for Case No: 06-004659PL