FILED _..., ALEX SINK MAR 13 2009 3 CGHERF FINANCIAL OFFICER R{ST RASPVEEOF FLORIDA RING O4-184UPL Docketed by_ ND IN THE MATTER OF: CASE NO.: 102477-09-AG LEONARD FELDMAN cc ADMINISTRATIVE COMPLAINT TO: LEONARD FELDMAN 1862 Northwest 97" Avenue Plantation, Florida 33322-5666 You, LEONARD FELDMAN, license I.D. #4082139, 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 1. Pursuant to Chapter 626, Florida Statutes, you, LEONARD FELDMAN, are currently licensed in this state as a life, health and variable annuity agent; a life agent; a life and health agent; a general lines agent; and a health agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, LEONARD FELDMAN, were licensed in this state as a life, health and variable annuity agent; a life agent; a life and health agent; a general lines agent; and a health agent. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services has jurisdiction over your insurance licenses and appointments. 4. At all times material herein, you, LEONARD FELDMAN, as a licensed insurance agent, working by, through, and with Leonard Feldman Insurance Agency Inc. knowingly, falsely and fraudulently issued workers’ compensation insurance certificates to a company known as Anago of Jacksonville and its franchisees, all as will hereinafter be more fully set forth. COUNT I 5. The above general allegations are hereby realleged and fully incorporated herein by reference. 6. During the period 2003 through 2006, you, LEONARD FELDMAN, working by, through, and with Leonard Feldman Insurance Agency, Inc., knowingly issued false and fraudulent workers’ compensation insurance certificates to a company known as Anago of Jacksonville and its franchisees, reflecting Harbor Specialty Insurance Company as the insurer under policy # 099-5654203. Among the franchisees of Anago of Jacksonville to whom further false and fraudulent workers’ compensation insurance certificate were issued were: Sentury Management Inc.; City of Atlantic Beach; Riverside Park Apartments & SFM Inc.; Smurfit Stone Container Corp. Inc.; Infinity Design Building Inc.; City of Jacksonville Beach; Anago Franchises Inc.; Total Office Solutions; Main Recycling Company Inc.; and Corporate Services Group. IT IS THEREFORE CHARGED that you, LEONARD FELDMAN, 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) Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.61 1(5), Florida Statutes]; _ (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]; . (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]; (d) If the license is used, or to be used, to circumvent any of the requirements or prohibitions of this code. [Section 626.6215(2), Florida Statutes]; (e) Misrepresentation of any insurance policy or annuity contract, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.6215(5)(c), Florida Statutes]; (f) 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. [Section 626.6215(5)(d), Florida Statutes]; (g) In the conduct of business under the license, engaging in unfair methods of competition or in unfair or deceptive acts or practices as prohibited under part IX of this chapter. [Section 626.62 15(5)(h), Florida Statutes]; (h) Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(j), Florida Statutes]; (i) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency. [Section 626.6215(5)(k), Florida Statutes]; (j) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 626.951 or s. 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance. [Section 626.9521(1), Florida Statutes]; (k) _ Misrepresentations and false advertising of insurance policies. Knowingly making, issuing, circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission. [Section 626.9521(1)(a), Florida Statutes]; . r¢)) Knowingly making any false statements and entries causing directly or indirectly, to be made, published, disseminated, circulated, deliver to any person, or placed before the public. [Section 626.9541(1)(e)e., Florida Statutes]. WHEREFORE, you, LEONARD FELDMAN, 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 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. 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 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. DATED and SIGNED this | ath day of I Y nen, , 2009. 2 TAMMY TES 7 Deputy Chief Financial Officer at A; ¥ B09 ee ae Ss Se, att as pitwawse Oe Of eO* 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: LEONARD FELDMAN, 1862 Northwest 97" Avenue, Plantation, Florida, 33322-5666; by Certified Mail this _) Bday of __ fAan ce , 2009. Dean Andrews Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4242 Florida Bar Number 0001959

Docket for Case No: 09-001844PL