Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: TAMMY L. LAYTON
Judges: CHARLES C. ADAMS
Agency: Department of Financial Services
Locations: Tallahassee, Florida
Filed: Feb. 28, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 9, 2008.
Latest Update: Dec. 25, 2024
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OS FEB 28 PH 4:37. FILED
ADMINISTRATIVE : P
HEARINGS > ALEX SINK NOV 29 2007
CHIEF FINANCIAL OFFICER
STATE OF FLORIDA ce
. Bonieted by AP ee
OK 10e KPL v ”
IN THE MATTER OF:
CASE NO.: 92326-07-AG
TAMMY L. LAYTON
ADMINISTRATIVE COMPLAINT
TO: TAMMY L. LAYTON
2820 SANDY RIDGE ROAD
GULF BREEZE, FL 32561
You, TAMMY L. LAYTON, license I.D. #D052891, are hereby notified that the Chief
Financial Officer of the State of Florida has 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
1. Pursuant to Chapter 626, Florida Statutes, you, TAMMY L. LAYTON, are
currently licensed in this state as a life including variablé annuity agent and a health agent.
2. Atall time pertinent to the dates and occurrences referred to herein, you,
TAMMY L. LAYTON, were licensed in this state as a life including variable annuity agent and a
health agent.
3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial
Services (“Department”) has jurisdiction over your insurance license and appointments.
COUNTI
4. The above general allegations are hereby realleged and fully incorporated herein
by reference.
5. On November 4, 2005, you, TAMMY L. LAYTON, sold D.R. a hospital
supplement policy with Combined Insurance Company. The cost of the policy was twenty
($20.00) dollars per month. .
6. On November 4, 2005, you, TAMMY L. LAYTON, went-to D.R.’s home to
obtain a check for the first month’s premium, and to obtain a signed automatic premium payment
agreement from S.R., D.R.’s wife, because D.R.’s name was not on the checking account.
7. 8.R. wrote a check in the amount of $20.00 to Combined Insurance Company and
gave the check to you, TAMMY L. LAYTON. .
8. After obtaining the check from S.R., you, TAMMY L. LAYTON, wrote, or
allowed there to be written, two (2) insurance policy numbers on the check without S.R.’s
knowledge or consent. .
9. You, TAMMY L. LAYTON, submitted, or allowed to be submitted, to Combined
Insurance Company a health insurance application for S.R. without S.R.’s consent, knowledge,
or true signature.
IT iS THEREFORE CHARGED that you, TAMMY L. LAYTON, have violated or are
accountable under the following provisions of the Florida Insurance Code and Rules of the
Department which constitute grounds for the suspension or revocation of your licenses and
appointments:
(a) Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance. [Section 626.611(7), Florida Statutes].
tw
(b) 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. [Section 626.621(6), Florida Statutes].
(c) Knowingly making a false or fraudulent written or oral statement or
representation on, or relative to, an application or negotiation for an insurance policy for the
purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker,
or individual. [Section 626.9541(1)(k)(1), Florida Statutes}.
(d) False statements and entries. Knowingly:
b. Making, publishing, disseminating, circulating,
c. Delivering to any person,
d. Placing before the public,
e, Causing, directly or indirectly, to be made, published, disseminated, circulated,
delivered to any person, or placed before the public,
any false material statement. [Section 626.9541(1)(e)(1), Florida Statutes].
COUNT IL
10. The above general allegations, and paragraphs 5-9 are hereby realleged and fully
incorporated herein by reference.
11. On November 4, 2005, S.R. signed an automatic premium payment agreement,
permitting the withdrawal of one policy premium totaling $20.00 dollars per month, and gave the
automatic premium payment agreement to you, TAMMY L. LAYTON.
12. You, TAMMY L. LAYTON, altered, or allowed to be altered, the automatic
premium payment authorization form that S.R. had signed to permit the withdrawal of two policy
premiums totaling $40.00 dollars per month without S.R.’s knowledge or consent.
13. You, TAMMY L. LAYTON, fraudulently submitted an altered bank authorization
form to Combined Insurance Company.
IT IS THEREFORE CHARGED that you, TAMMY L. LAYTON, have violated or are
accountable under the following provisions of the Florida Insurance Code and Rules of the.
Department which constitute grounds for the suspension or revocation of your licenses and
appointments:
(a) Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance. [Section 626.611(7), Florida Statutes].
(b) 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. [Section 626.621(6), Florida Statutes].
(c) Knowingly making a false or fraudulent written or oral statement or
representation on, or relative to, an application or negotiation for an insurance policy for the
purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker,
or individual. [Section 626.9541(1)(k)(1), Florida Statutes].
. (d) _‘ False statements and entries. Knowingly:
b. Making, publishing, disseminating, circulating,
c. Delivering to any person,
d. Placing before the public,
e, Causing, directly or indirectly, to be made, published, disseminated, circulated,
delivered to any person, or placed before the public,
any false material statement. [Section 626.9541(1)(e)(1), Florida Statutes].
WHEREFORE, you, TAMMY L. LAYTON, 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
626.611, 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.
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 28-106, 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
Depariment no jater 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.
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DATED and SIGNED this eA ey day of firemen » 2007.
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7 i 4 — MZ
KAREN CHANDLER
Deputy Chief Financial Officer
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE
COMPLAINT and ELECTION OF PROCEEDING has been furnished to: TAMMY L. .
LAYTON, at 2820 Sandy Ridge Road, Gulf Breeze, FL, 325 61; by Certified Mail this ae day
of Mov em ber _,2007.
Robert Alan Fox
Senior Attorney
Department of Financial Services
Division of Legal Services
612 Larson Building
200 East Gaines Street
Tallahassee, Florida 32399-0333
(850) 413-4227
Docket for Case No: 08-001068PL
Issue Date |
Proceedings |
Jun. 09, 2008 |
Consent Order filed.
|
May 09, 2008 |
Order Closing File. CASE CLOSED.
|
May 09, 2008 |
Joint Motion to Cancel Hearing and Place Case in Abeyance filed.
|
Mar. 20, 2008 |
Order of Pre-hearing Instructions.
|
Mar. 20, 2008 |
Notice of Hearing (hearing set for May 16, 2008; 9:00 a.m.; Tallahassee, FL).
|
Mar. 11, 2008 |
Response to Initial Order filed.
|
Mar. 07, 2008 |
Motion for Extension of Time to Respond to Initial Order filed.
|
Feb. 29, 2008 |
Initial Order.
|
Feb. 28, 2008 |
Amended Election of Proceeding filed.
|
Feb. 28, 2008 |
Order Denying Petition for Administrative Hearing with Leave to Amend filed.
|
Feb. 28, 2008 |
Election of Proceeding filed.
|
Feb. 28, 2008 |
Administrative Complaint filed.
|
Feb. 28, 2008 |
Agency referral filed.
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