FILED Ey atex smc @ 7 4 FALE D CHIEF FINANCIAL OFFICER STATE OF FLORIDA Oly¥is) ADMNTs pe OF HS AriyeSt 13 200 7. CL . 01 4{2u0F Docketed by: A>. IN THE MATTER OF: ’ GLADYS CARIDAD PEREZ CASE NO.:; 88750-07-AG ADMINISTRATIVE COMPLAINT: "TO: GLADYS CARIDAD PEREZ 6611 SW 148" Court Miami, Florida 33193-2022 GLADYS CARIDAD PEREZ G&R Adjusters, Inc. 11980 SW 144” Court, Suite 102 Miami, Florida 33186-8639 YOU, GLADYS CARIDAD PEREZ, license number E063737, 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 public adjuster in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, GLADYS CARIDAD PEREZ, are currently licensed in this state as a Public Adjuster — All Lines (3-20). Your original public adjuster licensure date was March 28, 2003. 2. At all times pertinent to the dates.and occurrence. referred to herein, you, GLADYS CARIDAD PEREZ, were licensed in this state as a public adjuster pursuant to Chapter 626, Florida Statutes.. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services has jurisdiction over your, GLADYS CARIDAD PEREZ’s, public adjuster licensure and appointments. 4, At all times pertinent to the dates and occurrence referred to herein, you, GLADYS CARIDAD PEREZ, were the president, director, and agency owner of G & R Adjusters, Inc., a Florida corporation, in the business of public adjusters of insurance claims. 5. At all times pertinent to the dates and occurrence referred to herein, you, GLADYS CARIDAD PEREZ, were designated with the Department as the “primary adjuster” for G & R Adjusters, Inc., pursuant to Section 626.8695, Florida Statutes. 6. Section 626.854, Florida Statutes, provides the definition of a “public adjuster”, which includes any person who solicits, investigates, or adjusts insurance claims for an insured. 7. Sections 626.112(1)(a), (3), Florida, provide that no person shall act as a public adjuster unless that person is licensed and appointed. 8. Section 626.8695(2)(a), Florida Statutes, provides that the primary adjuster “is responsible for the hiring and supervision of all individuals within an adjusting firm location who deal with the public and who acts in the capacity of a public adjuster...” COUNT I 9. The above General Allegations numbered one (1) through eight (8) are hereby re- alleged and fully incorporated herein by reference. 10. On or about September 10, 2004, you, GLADYS CARIDAD PEREZ, as evidenced by your typed name and signature, entered into a G & R Adjusters, Inc.’ public adjusting contract with G.R. of West Palm Beach, Florida, for the purpose of performing public adjuster services relative to G.R’s home owner’s insurance claim for damages caused by Hurricane Francis. Even though the public adjusting contract was signed by you, GLADYS CARIDAD PEREZ, the contract was solicited by Justo Jose “Joe” Echavarria, who was not licensed, at the time, as a public adjuster. Subsequently, you, GLADYS CARIDAD PEREZ, charged more than ten percent of the insurance settlement or proceeds for the public adjusting work done on G.R.’s insurance claim, 11. You, GLADYS CARIDAD PEREZ, as the primary adjuster for G & R Adjusters, Inc., are responsible pursuant to Sections 626.8695(2)(a) and 626.112(1)(a), (3), Florida Statutes, for the use of an unlicensed public adjuster, Joe Echavarria, in the solicitation of G.R.’s insurance claim business. You, GLADYS CARIDAD PEREZ, have also violated Rules 69BER04-13(4)(b) and 69BER05-4(4)(b), Florida Administrative Code, in that your name and signature appear on the public adjusting contract for G.R. even though Mr. Echavarria solicited the business. You, GLADYS CARIDAD PEREZ, have also violated Rules 69BER04-13(3)(a) and 69BER05-4(3)(a), Florida Administrative Code, in that on February 16, 2005, you charged G.R. more than ten percent of the insurance settlement or proceeds of his Hurricane Francis home owner’s insurance claim. As a result of the aforementioned violations, the Department shall or may discipline you, GLADYS CARIDAD PEREZ, pursuant to Sections 626.611(7), and 626.8698(1), Florida Statutes. IT IS THEREFORE CHARGED that you, GLADYS CARIDAD PEREZ, have violated or are accountable under various provisions of the Florida Insurance Code and Rules of the Department of Financial Services, which constitutes grounds for the suspension or revocation of your license as a Florida public adjuster: (a) Section 626.8695(2)(a), Florida Statutes, provides that the primary adjuster “is responsible for the hiring and supervision of all individuals within an adjusting firm location who deal with the public and who acts in the capacity of a public adjuster...” -(b) ~~ Sections 626.112(1)(a), (3), Florida Statutes, provides that no person shall act as a public adjuster unless that person is licensed and appointed. (c) Rules 69BER04-13(4)(b) and 69BER05-4(4)(b), Florida Administrative Code, provide “The [public adjuster] contract shall be signed by the public adjuster who solicited the contract.” (d) Rule 69BER04-13(3)(a) and 69BER05-4(3)(a), Florida Administrative Code, provide “As to any one insured or claimant, no public adjuster shall charge, ... more than ten percent of any insurance settlement or proceeds. (e) Section 626.611(7), Florida Statutes, provides “The department shall .... ' suspend, revoke, or refuse to renew or continue the license or appointment of any ... adjuster, ... -if it finds :.. the following applicable grounds exist: * eK (7) Demonstrated lack of fitnéss or trustworthiness to engage in the business of insurance.” (63) Section 626.8698(1), Florida Statutes, provides “The department may deny, suspend, or revoke the license of a public adjuster, and administer a fine, not to exceed $5,000 per act, for any of the following: (1) Violating any provision of this chapter or a rule or order of the office or commission.” COUNT II 12. The above General Allegations numbered one (1) through eight (8) are hereby re- alleged and fully incorporated herein by reference. 13. On or about September 17, 2004, you, GLADYS CARIDAD PEREZ, as evidenced by typed your name, entered intoaG &R Adjusters, Inc.’ public adjusting contract with C.M. of Lake Worth and West Palm Beach, Florida, for the purpose of performing public adjuster services relative to C.M.’s business owner’s insurance claim for water damages caused by and subsequent theft loss related to Hurricane Francis. Even though the public adjusting contract evidences your name, GLADYS CARIDAD PEREZ, the contract was solicited by Justo Jose “Joe” Echavarria, who was not licensed, at the time, as a public adjuster. Subsequently, you, GLADYS CARIDAD PEREZ, charged more than ten percent of the insurance settlement or proceeds for the public adjusting work done on C.M.’s theft loss insurance claim. 14. You, GLADYS CARIDAD PEREZ, as the primary adjuster for G & R Adjusters, Inc., are responsible pursuant to Sections 626.8695(2)(a) and 626.112(1)(a), (3), Florida Statutes, for the use of an unlicensed public adjuster, Joe Echavarria, in the solicitation of C.M.’s insurance claim business. You, GLADYS CARIDAD PEREZ, have also violated Rule 69BER04-13(4)(b), Florida Administrative Code, in that your typed name, but no signature, appears on the public adjusting contract for C.M. even though Mr. Echavarria solicited the business. You, GLADYS CARIDAD PEREZ, have also violated Rules 69BER04-13(3)(a) and 69BER0S-8(3)(a), Florida Administrative Code, in that, on May 25, 2005, you charged C.M. more than ten percent of the insurance settlement or proceeds of his Hurricane Francis theft loss insurance claim. As a result of the aforementioned violations, the Department shall or may discipline you, GLADYS CARIDAD PEREZ, pursuant to Sections 626.611(7), and 626.8698(1), Florida Statutes. IT IS THEREFORE CHARGED that you, GLADYS CARIDAD PEREZ, have violated or are accountable under various provisions of the Florida Insurance Code and Rules of the Department of Financial Services, which constitutes grounds for the suspension or revocation of your license‘as a Florida public adjuster: | (a) Section 626.8695(2)(a), Florida Statutes, provides that the primary adjuster “is responsible for the hiring and supervision of all individuals within an adjusting firm location who deal with the public and who acts in the capacity of a public adjuster...” (b) — Sections 626.112(1)(a), (3), Florida Statutes, provides that no person shall act as a public adjuster unless that person is licensed and appointed. (Cc) Rule 69BER04-13(4)(b), Florida Administrative Code, provides “The [public adjuster] contract shall be signed by the public adjuster who solicited the contract.” (d) Rules 69BER04-13(3)(a) and 69BER-5-8(3)(a), Florida Administrative Code, provide “As to any one insured or claimant, no public adjuster shall charge, ... more than ten percent of any insurance settlement or proceeds. . (e) Section 626.611(7), Florida Statutes, provides “The department shall ... suspend, revoke, or refuse to renew or continue the license or appointment of any ... adjuster, ... if it finds ... the following applicable grounds exist: oR (7) Demonstrated lack of fitness or, trustworthiness to engage in the business of insurance.” ( Section 626.8698(1), Florida Statutes, provides “The department may deny, suspend, or revoke the license of a public adjuster, and administer a fine, not to exceed $5,000 per act, for any of the following: (1) Violating any provision of this chapter or a rule or order of the office or commission.” WHEREFORE, you, GLADYS CARIDAD PEREZ, are hereby notified that the Chief Financial Officer, or her Deputy, 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, 626.641, 626.651, 626.681, 626.691, 626.692, 626.853, and 626.8698, Florida Statutes; Rule Chapter 69B-231 ofthe Florida Administrative Code; 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 or suspending any license or eligibility for licensure held by you shall also apply to all other licensés 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 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"). (b) 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. 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 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. Vi DATED and SIGNED this_(2~ KAREN CHANDLER Deputy Chief Financial Officer re i: hii te > ‘ Sligo CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING have been furnished to: GLADYS CARIDAD PEREZ, at the following address: 6611 SW 148" Court, Miami, Florida 33193-2022, and G&R Adjusters, Inc., 11980 SW 144" Court, Suite 102, Miami, Florida 33186-8639, by restricted U.S. Certified Mail this Lg Ted day of Se erena ce. 2007, Philip M. Payne Florida Bar Number: 0729310 m iJ a Division of Legal Services Bea oe 200 East Gaines Street mes a = Tallahassee, Florida 32399-03335 A2 Tt (850) 413-4156 e5¢ et _ Fax (850) 487-4907 Bro FP ES Zz = Attorney for Department m ~ lanels 760 390) 9848 4uas y158 {2 Anticla Number oe ane COMPLETE THIS-SECTION ON DELIVERY" : | Riecalved by (Please Print Clearly) |B. Dajéot Deliv i i C, Signature © Cage xINOrOyd AVL BE ase Sa4a 4435 4L4L D, Is delivery address differant from tte 17 Oves “ub 3°00 : YES, enter davery address below: Cro | 8, Service Typa CERTIFIED MAIL "ay Restriotad Delivery? (Extra Fee)! iro 4. Article Addréssed to: °” ~ GLADYS CARIDAD PEREZ Reference Information \ aeterence Sonnencn ? G & R ADJUSTERS | September 13, 2007 11980 SW 144TH COURT, SUITE 102 SEP 1 beta SEL MIAMI, FL 33186-8639 \(|RESTRICTED | Domestic Relurn'Réceipt™ ~~ Lu DELIVERY |

Docket for Case No: 07-004760PL