FLORIDA FAA =O T- 3077 =a SERVICES ALEX SINK Fi L E D CHIEF FINANCIAL OFFICER STATE OF FLORIDA JUN 12 2007 Booketed py: EM IN THE MATTER OF NELLY CARMEN BENJAMIN . CASE NO.: 86946-07-AG / ADMINISTRATIVE COMPLAINT TO: NELLY. CARMEN BENJAMIN 2168 Northwest 208° Way Pembroke Pines, FL 33029-2324 YOU, NELLY CARMEN BENJAMIN, are hereby notified that the Chief Financial Officer of the State of Florida (the Department) has caused to be made an investigation of your activities while licensed as a Customer Representative in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, NELLY CARMEN BENJAMIN, license identification number D059032, are currently licensed in this state as a Customer Representative (4-40). 2. At all times pertinent to the dates and occurrence referred to herein, you, NELLY CARMEN BENJAMIN, were licensed in this state to transact insurance as allowed by Sections 626.7352 and 626.7354, Florida Statutes. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services has jurisdiction over your insurance licenses and appointments. 4. During all times material to the allegations contained in this complaint you, NELLY CARMEN BENJAMIN, were either appointed with or acting on behalf of Alexander Insurance Agency (Alexander); or acting on behalf of South Florida Insurance Underwriters (SFIU); or appointed with or acting on behalf of All American Insurance Brokers (All American); or appointed with or acting on behalf of Ocean Harbor Insurance Company (Ocean Harbor). The expression “any agency” as used hereafter includes, but is not limited to, these entities. 5. At all times pertinent to the allegations of this complaint you, NELLY CARMEN BENJAMIN, were hired and employed to act in the position of Customer Representative with any agency. COUNT I 6. The above General Allegations are hereby realleged and fully incorporated herein by reference. 7. In August, 2004, Ms. Cheryl Bloom Berry, needing automobile insurance for her son David Berry, met with you, NELLY CARMEN BENJAMIN, at your residence. 8. You, NELLY CARMEN BENJAMIN, accepted an insurance premium check from Ms. Berry in the amount of $575.00 as a down Payment on a policy. You gave Ms. Berry an insurance I.D. card. Ms. Berry reasonably believed that insurance coverage on her son’s vehicle was then in place. 9. One year later, on August 5, 2005, you, NELLY CARMEN BENJAMIN, came to Ms. Berry’s office and accepted a check from her made payable to you in the amount of $506.00 as a premium down payment on an insurance policy. After presenting Ms. Berry with an insurance I.D. card, you told her that you would get her a policy within a few days. 10. Ms. Berry expected to receive a payment booklet for the balance of the premium payment; she never did. Ms. Berry expected to receive a policy; she never did. 11. On September 8, 2005, David Berry received notification from the Florida Department of Motor Vehicles (DMV) that he no longer had insurance with United Automobile Insurance Company (United). Upon inquiry as to this matter you, NELLY CARMEN BENJAMIN, told Ms. Berry that you were going to correct the problem on line with your computer. You never did. 12. You, NELLY CARMEN BENJAMIN, provided Ms. Berry with excuses for not placing insurance coverage that included mailing papers to the wrong address, your having cancer, that you were held up at gunpoint, and so forth. 13. You, NELLY CARMEN BENJAMIN, misappropriated the insurance premium payment, which you had no business accepting in the first place since you are not licensed as an insurance agent and could not place insurance directly with an insurance company outside your employment with any agency. IT IS THEREFORE CHARGED that you, ‘NELLY CARMEN BENJAMIN, have violated or are accountable under the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your insurance licenses: (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (b) Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.611(9), Florida Statutes]; (c) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license or appointment. [Section 626.611(10), Florida Statutes]; (d) 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]. COUNT II 14. The above General Allegations are hereby realleged and fully incorporated herein by reference. 15. On about August 16, 2005, Mr. Rene Marc LaBarre met with automobile dealer Eugenio Rojas and purchased a Mitsubishi Eclipse 2001 for $12,000. Mr. Rojas then contacted you, NELLY CARMEN BENJAMIN, at Alexander for the purpose of assisting Mr. LaBarre in placing insurance on the vehicle. 16. Mr. LaBarre never met with you, NELLY CARMEN BENJAMIN, but he did speak with you on the telephone and you faxed him a set of papers and an insurance I.D. card showing U.S. Security Insurance Company (U.S. Security) as the insurer. Mr. LaBarre paid Mr. Rojas for the car and gave him a separate cash payment of $1,795.00 for the insurance premium payment. That payment, or at least most of it, was forwarded to you, NELLY CARMEN BENJAMIN, by Mr. Rojas. 17. Later in September, 2005, Mr. LaBarre contacted you, NELLY CARMEN BENJAMIN, and told you that he had not received any insurance policy. You told Mr. LaBarre that you had mailed the papers but that they were returned due to an incorrect address. 18. Mr. LaBarre again contacted you, NELLY CARMEN BENJAMIN, in October, 2005, complaining that he still had not received a policy. You explained that you no longer worked for Alexander and generally gave Mr. LaBarre “the run around.” Upon further inquiry with Alexander Mr. LaBarre discovered that you had been fired for stealing insurance premium payments. 19. You, NELLY CARMEN BENJAMIN, misappropriated the insurance premium payment, which you had no business accepting in the first place since you are not licensed as an insurance agent and could not place insurance directly with an insurance company outside of your employment with the agency. IT Is THEREFORE CHARGED that you, NELLY CARMEN BENJAMIN, have violated or are accountable under the provisions of the Florida Insurance Code as describe in paragraph (a) through (d) listed under Count I above, which constitute grounds for the suspension or revocation of your insurance licenses. COUNT IIT 20. The above General Allegations are hereby realleged and fully incorporated herein by reference. 21. Although you, NELLY CARMEN BENJAMIN, were never officially hired as an employee of SFIU, you were being considered for employment there in July, 2005, and you volunteered to take the automobile insurance application of one Aureia Velez as further described below, purportedly acting in behalf of Mr. Gilberto L. Rodriguez, president of SFIU. 22. On about July 19, 2005, Ms. Velez had purchased a Toyota Corolla from automobile dealer Rafael Lacay. Acting on Ms. Velez’s request for assistance in obtaining insurance on the vehicle, Mr. Lacay telephoned you, NELLY CARMEN BENJAMIN, and you then spoke by telephone with Ms. Velez, directing her to give Mr. Lacay a check made payable to NELLY CARMEN BENJAMIN in the amount of $597.00, which Ms. Velez did. 23. You, NELLY CARMEN BENJAMIN, told Ms. Velez that you would deliver insurance papers directly to her house. You never did and you never placed insurance on the vehicle. 24. Instead you, NELLY CARMEN BENJAMIN, came to Ms. Velez’s house on July 23, 2005, and she gave you another premium payment of $486.00 for insurance on another vehicle, a 2001 Toyota Camry. Although you said that you would place insurance on this latter vehicle with United, you never did. 25. You, NELLY CARMEN BENJAMIN, misappropriated the two insurance premium payments, which you had no business accepting in the first place since you are not licensed as an insurance agent and could not place insurance directly with an insurance company outside of your employment with any agency. 26. IT IS THEREFORE CHARGED that you, NELLY CARMEN BENJAMIN, have violated or are accountable under the provisions of the Florida Insurance Code as describe in paragraph (a) through (d) listed under Count I above, which constitute grounds for the suspension or revocation of your insurance jiicenses. COUNT _IV 27. The above General Allegations are hereby realleged and fully incorporated herein by reference. 28. On June 2, 2005, Ms. Darlene Richardson met with you, NELLY CARMEN. BENJAMIN, to purchase an insurance policy covering her daughter's, Ashley Richardson’s, 2002 Chevrolet Cavilier. 29. You, NELLY CARMEN BENJAMIN, quoted Ms. Darlene Richardson a yearly premium of $2,300.00 which Ms. Darlene Richardson paid by two checks: one dated June 2, 2005 made payable to you in the amount of $1,300.00 and the other dated June 4, 2005 made payable to you in the amount of $1,000.00. 30. Weeks passed and neither Ms. Darlene Richardson nor her daughter received any insurance policy papers. Ms. Darlene Richardson telephoned you, NELLY CARMEN BENJAMIN, several times over the course of several weeks and you provided her with one excuse after another, but never an insurance policy. 31. Upon further inquiry by Ms. Darlene Richardson, it was determined that you had kept the premium payments and never forwarded those sums to an insurance company. Any temporary binders that were ever in place by either Allstate or United, were cancelled. 32. You, NELLY CARMEN BENJAMIN, misappropriated the two insurance premium payments, which you had no business accepting in the first place since you are not licensed as an insurance agent and could not place insurance directly with an insurance company outside of your employment with any agency. 33. IT IS THEREFORE CHARGED that you, NELLY CARMEN BENJAMIN, have violated or are accountable under the provisions of the Florida Insurance Code as describe in paragraph (a) . through (d) listed under Count I above, which constitute grounds for the suspension or revocation of your insurance licenses. COUNT V 34. The above General Allegations are hereby realleged and fully incorporated herein by reference. 35. In July, 2004, Cesar Norena went to a Toyota dealership to purchase an automobile. There he was placed in touch by telephone with you, NELLY CARMEN BENJAMIN, in order to obtain insurance on the Toyota Sienna he purchased. 36. One year later, in July, 2005, you, NELLY CARMEN BENJAMIN, met with Mr. Norena in his home and accepted a check made payable to you in the amount of $1,300.33 purportedly to cover the cost of a renewal premium for the above-described vehicle. 37. Mr. Norena then left for Columbia for a five month stay in accordance with the plans that he had related to you, NELLY CARMEN BENJAMIN, prior to his departure. When Mr. Norena returned in November, 2005, he discovered that you had absconded with his premium payment and never placed insurance with Ocean Harbor. 38. You, NELLY CARMEN BENJAMIN, misappropriated the insurance premium payment, which you had no business accepting in the first place since you are not licensed as an insurance agent and could not place insurance directly with an insurance company outside of your employment with any agency. 39. IT IS THEREFORE CHARGED that you, NELLY CARMEN BENJAMIN, have violated or are accountable under the provisions of the Florida Insurance Code as describe in paragraph (a) through (d) listed under Count I above, which constitute grounds for the suspension or revocation of your insurance licenses. 10 WHEREFORE, you, NELLY CARMEN BENJAMIN, are hereby notified that the Chief Financial Officer intends to enter an Order 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. Additionally, you are notified that the Department intends to seek aggravation of the applicable statutes for the purposes of calculating the total penalty assessed against you, NELLY CARMEN BENJAMIN, in consideration of the age and capacity of the victim. 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. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department of Financial Services ("Department") pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-106, 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 11 Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel acting as 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. 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 SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-106.2015, 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, address, and telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent"). (bo) The name, address, telephone number, facsimile number of the attorney or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. (c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. (d) A statement of when the respondent received notice of the administrative complaint. (e) A statement including the file number to the administrative complaint. If 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. 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 13 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. th DATED and SIGNED this /Q day of June, 2007. ae KAREN 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: NELLY CARMEN BENJAMIN, 2168 Northwest 208 Way, Pembroke ; : th Pines, FL 33029-2324 on this !2'. day of June, 2007. DAVID J. BUSCH, ESQUIRE Division of Legal Services 612 Larson Building Tallahassee, FL 32399-0333 (850) 413-4146 Attorney for the Department 15

Docket for Case No: 07-003079PL