REPRESENTING ALEX SINK © CHIEF FINANCIAL OFFIC STATE OF FLORIDA (V4 °TOPE tas -IN THE MATTER OF: RANDOLPH HUGO KAHL-WINTER CASE NO.: 91378-08-AG a ADMINISTRATIVE COMPLAINT RANDOLPH HUGO KAHL-WINTER 4101 Headsail Drive New Port Richey, Florida 34652 RANDOLPH HUGO KAHL-WINTER 5445 Gulf Drive New Port Richey, Florida 34652 You, RANDOLPH HUGO KAHL-WINTER, insurance agent license number A136065, are hereby notified that the Chief Financial Officer, as agency head of the Department of Financial Services (“the Department”), has caused to be made an investigation of your National Foundation of America ("NFOA") activities while licensed as an insurance agent in this state and your applications for insurance licensure, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, RANDOLPH HUGO KAHL- WINTER, are currently licensed in this state as a Life (2-16), Life & Health (2-18), and Health (2-40) insurance agent. Your original insurance agent licensure date was June 3, 1992. 2. At some times pertinent to the dates and occurrences referred to herein, you, RANDOLPH HUGO KAHL-WINTER, were licensed in this state as a life, life & health, and health insurance agent pursuant to Chapter 626, Florida Statutes. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services has jurisdiction over your insurance licenses and appointments. 4. Section 624.401, Florida Statutes, provides that no person shall act as an insurer, and no insurer or its agents, attorneys, subscribers, or representatives shall directly or indirectly transact insurance in this state except as authorized by a subsisting Certificate of Authority issued to the insurer by the Florida Office of Insurance Regulation (“OIR”). 5. Section 624.03, Florida Statutes, defines “insurer” to include every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity. 6. Section 624.04, Florida Statutes, defines “person” and includes “company”, “corporation”, and “every legal entity” in the definition. 7. Section 624.09, Florida Statutes, provides that an “unauthorized insurer” is an insurer which is not duly authorized by a subsisting certificate of authority issued by OIR to transact insurance in this state. 8. Section 624.602(1), Florida Statutes, provides that the transaction of life insurance includes annuity contracts. Likewise, Section 626.022(2), Florida Statutes, provides that “insurance” includes annuity contracts. 9. Records maintained by the Tennessee Secretary of State reflect that NFOA was formed on January 27, 2006, as a nonprofit Tennessee corporation headquartered in Franklin, Tennessee. 10. | An NFOA Corporate Resolution dated April 18, 2006, provides for the corporate authority to “liquidate stocks, bonds, and annuities ... in connection with charitable contributions or transactions...” This same resolution also provides for the corporate ability to “enter into and execute planned giving or charitable contribution transactions with donors, including executing any and all documentation related to the acceptance or acquisition of a donation, ...given in exchange for a charitable gift annuity...” 11. On September 18, 2006, the State of Washington Office of Insurance Commissioner issued an Order to Cease and Desist In the Matter of: National Foundation of America, Richard K. Olive, and Susan L. Olive, Order No. D06-245. The Order, among other things, was based on the Respondents having not been granted a certificate of authority as an insurer in Washington and having not been granted an exemption as a charitable organization under Section 501(c)(3) of the Internal Revenue Code. 12, On April 13, 2007, OIR issued an Immediate Final Order (“IFO”) In the Matter of: NFOA. Richard K, Olive, Susan L. Olive, Breanna McIntyre, and Robert G. DeWald, Case No. 89911-07, finding that the activities of NFOA, et al., constituted an immediate danger to the public health, safety or welfare of Florida consumers. OIR further found that, in concert, NFOA, et al., were “soliciting, misleading, coercing and enticing elderly Florida consumers to transfer and convey legitimate income tax deferred annuities for the benefit of themselves and their heirs to NFOA in exchange for charitable term certain annuities”; and that NFOA, et al., had violated provisions of the Florida Insurance Code, including Sections 624.401 and 626.901, Florida Statutes. 13, OIR records show NFOA has never held a license or Certificate of Authority to transact insurance or annuity contracts in Florida, nor has NFOA ever been registered pursuant to Section 627.481, Florida Statutes, for purposes of charitable gift annuity agreements. NFOA was - never a registered corporation with the Florida Department of State, Division of Corporations. 14. On May 4, 2007, the United States Department of Treasury, Internal Revenue Service (“IRS”), sent a letter to the Tennessee Department of Commerce and Insurance (“Tennessee DCI”) stating that the IRS had no record of NFOA being a tax-exempt organization under section 501(c)(3) of the IRC by virtue of an approved application. 15. On May 11, 2007, NFOA appealed OIR’s IFO to the First District Court of Appeal of Florida (“First DCA”). The First DCA dismissed the appeal on July 24, 2007. 16. On May 17, 2007, the IRS sent a letter to the Texas Department of Insurance stating that NFOA was not classified as an organization exempt from Federal Income Tax as an organization described in Section 501(c)(3) of the IRC. 17, | On May 23, 2007, the Tennessee DCI filed a Verified Petition for Appointment of Receiver for Purposes of Liquidation of National Foundation of America; Immediate and Permanent Injunctive Relief; Request for Expedited Hearing, in the matter of Newman v. National Foundation of America, Richard K. Olive, Susan L. Olive, Breanna McIntyre, Kenny M. Marks, and Huriter Daniel, Chancery Court of the State Tennessee (“Chancery Court”), Twentieth Judicial District, Davidson County, Case No.: 07-1163-IV. The Verified Petition alleges at paragraph 30: NFOA’s contracts reflect an express written term that it is recognized by the IRS as a charitable non-profit organization under Section 501(c)(3) of the Internal Revenue Code (Prosser, attachment 4), and NFOA represents in multiple statements and materials that the contract will entitle the customers to potential generous tax deductions related to that status. The IRS states that it has granted NFOA no such designation. The deceptive underpinning related to NFOA’s supposed tax favored treatment of its contracts permeates its entire business model and sales pitch. This misrepresentation has materially and irreparably harmed and has the potential to harm financially all its customers and the intended beneficiaries of the contracts. These harms are as varied in nature and degree as the circumstances of all those individuals’ tax conditions, the assets turned in to NFOA, and the extent to which they have entrusted their money and keyed their tax status and consequences to reliance on such an organization. 18. On August 2, 2007, the Commissioner for the Tennessee DCI, having determined that NFOA was insolvent with a financial deficiency of at least $4,300,000, filed a Verified Petition to Convert Rehabilitation by Entry of Final Order of Liquidation, Finding of Insolvency, and Injunction, in the matter of Newman v. National Foundation of America, et al. 19. On September 11, 2007, pursuant to a Final Order of Liquidation and Injunction entered in the matter of Newman v. National Foundation of America, et al., the Chancery Court placed NFOA into receivership after finding that the continued rehabilitation of NFOA would be hazardous, financially and otherwise, and would present increased risk of loss. 20. On February 6, 2008, the IRS sent a letter to the court appointed Receiver for NFOA stating that NFOA does not qualify for exemption from Federal income tax as an organization described in Section 501(c)(3) of the IRC. The IRS, in determining that NFOA did not qualify for tax exempt status, stated that the sale of NFOA annuity plans has a “distinctive commercial hue” and concluded that NFOA was primarily involved in the sale of annuity plans that “constitute a trade or business without a charitable program commensurate in scope with the business of selling these plans.” COUNT I 21. The above general allegations numbered one (1) through twenty (20) are hereby realleged and fully incorporated herein by reference. 22. On or about March 29, 2007, you, RANDOLPH HUGO KAHL-WINTER, solicited and induced M.D.M. of Brooksville, Florida, then age 73, to transfer or otherwise surrender her existing annuity contract(s) with Liberty Bankers Life Insurance Company in return for an NFOA gift annuity. 23. As part of the solicitation and inducement of M.D.M., you, RANDOLPH HUGO KAHL-WINTER, by use of the NFOA installment plan agreement, misrepresented that NFOA was a charitable non-profit organization under Section 501(c)(3) of the IRC when you knew or should have known it was not. 24. Based on the above transaction of insurance, you, RANDOLPH HUGO KAHL- WINTER, were paid a commission of approximately $4,916.49 by NFOA. 25. As a result of the actions of you, RANDOLPH HUGO KAHL-WINTER, M.D.M. is anticipated to lose approximately $46,875.04, even after a partial refund by the Receiver. 26. You, RANDOLPH HUGO KAHL-WINTER, directly or indirectly represented or aided NFOA, an unauthorized insurer; you misrepresented that NFOA was a charitable non- profit organization under Section 501(c)(3) of the IRC; and you have otherwise demonstrated a lack of fitness or trustworthiness to engage in the business of insurance. IT IS THEREFORE CHARGED that, you, RANDOLPH HUGO KAHL-WINTER, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitutes grounds for the suspension or revocation of your licenses as a Florida insurance agent: (a) No person shall directly or indirectly represent or aid any insurer not then authorized to transact such insurance in this state in the solicitation, negotiation, procurement, or effectuation of insurance or annuity contracts with respect to subjects of insurance resident, located, or to be performed in this state. [Section 626.901(1), Florida Statutes]; (b) Knowingly placing before the public in any way a statement, assertion, ox representation with the respect to the business of insurance, which is untrue, deceptive, or misleading [Section 626.9541(1) (b) 4., Florida Statutes]; (c) Knowingly causing 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.e., Florida Statutes]; (d) Demonstrating a lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (e) Violation of any provision of the Florida Insurance 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]; | (f) The licensee or appointee engaged in unfair or deceptive practices, as prohibited under part IX of Chapter 626, Florida Statutes, or having otherwise shown himself or herself to be a source of injury or loss to the public. [Section 626.621(6), Florida Statutes]. COUNT II 27. The above general allegations numbered one (1) through twenty (20) are hereby realleged and fully incorporated herein by reference. 28. On or about March 19, 2007, you. RANDOLPH HUGO KAHL-WINTER, directly or indirectly solicited and induced B.M. of Port Richey, Florida, then age 79, to transfer or otherwise surrender her existing annuity contract(s) with Allianz Life Insurance Company in return for an NFOA gift annuity. 29. As part of the solicitation and inducement of B.M., you, RANDOLPH HUGO KAHL-WINTER, by use of the NFOA installment plan agreement, misrepresented that NFOA was a charitable non-profit organization under Section 501(c)(3) of the IRC when you knew or should have known it was not. 30. In taking advantage of your insurance agent fiduciary relationship with B.M., you, RANDOLPH HUGO KAHL-WINTER, directly or indirectly represented or aided NFOA, an unauthorized insurer; you misrepresented that NFOA was a charitable non-profit organization under Section 501(c)(3) of the IRC; and you have otherwise demonstrated a lack of fitness or trustworthiness to engage in the business of insurance. IT IS THEREFORE CHARGED that, you, RANDOLPH HUGO KAHL-WINTER, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitutes grounds for the suspension or revocation of your licenses as a Florida insurance agent: (a) No person shall directly or indirectly represent or aid any insurer not then authorized to transact such insurance in this state in the solicitation, negotiation, procurement, or effectuation of insurance or annuity contracts with respect to subjects of insurance resident, located, or to be performed in this state. [Section 626.901(1), Florida Statutes]; (b) Knowingly placing before the public in any way a statement, assertion, or representation with the respect to the business of insurance, which is untrue, deceptive, or misleading [Section 626.9541(1)(b) 4., Florida Statutes]; (c) Knowingly causing 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.e., Florida Statutes]; (d) Demonstrating a lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (e) Violation of any provision of the Florida Insurance 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]. COUNT III 31. The above general allegations numbered one (1) through twenty (20) are hereby realleged and fully incorporated herein by reference. 32. On or about October 29, 2007, you, RANDOLPH HUGO KAHL-WINTER, did receive a personal loan in the amount of One Hundred Fifty-Five Thousand and 00/100 Dollars ($155,000.00) from B.M. of Port Richey, Florida, then age 80. 33. You, RANDOLPH HUGO KAHL-WINTER, have failed to pay back the aforementioned personal !oan either in whole or in part. As a result of your failure to pay back the personal loan, B.M. has filed a civil law suit against you in the Sixth Judicial Circuit Court for Pasco County, Florida. 34, You, RANDOLPH HUGO KAHL-WINTER, have failed to pay back a personal loan to your client and you have otherwise demonstrated a lack of fitness or trustworthiness to engage in the business of insurance. IT IS THEREFORE CHARGED that, you, RANDOLPH HUGO KAHL-WINTER, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitutes grounds for the suspension or revocation of your licenses as a Florida insurance agent: (a) Demonstrating a lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]. COUNT IV 35. | The above general allegations numbered one (1) through twenty (20) are hereby realleged and fully incorporated herein by reference. 36. On or about November 26, 2007, you, RANDOLPH HUGO KAHL-WINTER, solicited and induced B.M. of Port Richey, Florida, then age 80, to purchase a life insurance policy in the amount of One Million Seven Hundred Fifty Thousand and 00/100 Dollars ($1,750,000.00) from American National Insurance Company. . 37. As part of the application and related paperwork process for the aforementioned life insurance policy, you, RANDOLPH HUGO KAHL-WINTER, signed B.M.’s signature on one or more documents without her knowledge or consent. 38. You, RANDOLPH HUGO KAHL-WINTER, have engaged in fraudulent or dishonest practices and you have otherwise demonstrated a lack of fitness or trustworthiness to engage in the business of insurance. IT IS THEREFORE CHARGED that, you, RANDOLPH HUGO KAHL-WINTER, have violated or are accountable under one or more of the following provisions of the Fiorida Statutes or Florida Administrative Code, which constitutes grounds for the suspension or revocation of your licenses as a Florida insurance agent: (a) The licensee or appointee demonstrated a lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (b) The licensee or appointee engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]. COUNT V 39. The above general allegations numbered one (1) through twenty (20) are hereby realleged and fully incorporated herein by reference. 40. On or about January 31, 1992, you, RANDOLPH HUGO KAHL-WINTER, in the matter of District Business Conduct Committee for District No. 7 v. Randolph H. Kahl-Winter, Complaint No.: CO7910108, were censured, fined, and ordered to pay restitution by the National Association of Securities Dealers, Inc. (NASD). 41. On or about January 31, 1994, you, RANDOLPH HUGO KAHL-WINTER, in the matter of State of Florida v. Randolph Kahl-Winter, Case No.: CRC91-07113CFANO-A, Circuit Court, Pinellas County, Florida, Criminal Division, did enter a plea of nolo ‘contendere toa felony charge of possession of cocaine. 42. You, RANDOLPH HUGO KAHL-WINTER, are a Manager, a Partner, and the President of the A Kahl-Winter Insurance Group, L.L.C., a Florida limited liability company that was organized on or about November 23, 2005. Department records evidence that A Kahl- Winter Insurance Group, L.L.C., was licensed (license number L029598) as an insurance. agency on October 7, 2006. 43. On or about September 27, 2006, you, RANDOLPH HUGO KAHL-WINTER, did submit to the Department an application for the insurance agency licensure of A Kahl-Winter Insurance Group, L.L.C. The application contained the following two (2) questions: Have the firm/agency, majority owners, partners, officers or directors ever been convicted, found guilty or pled guilty or nolo contendere (no contest) to a felony under the laws of any municipality, county, state territory or country whether or not adjudication was withheld or judgment of conviction was entered? OR 11 Have the firm/agency, majority owners, partners, officers or directors ever had any professional license subject to any of the following actions by any state agency or public authority or any other regulatory authority in any jurisdiction? - Revocation in Florida less than 2 years ago - Revocation in another state at anytime or in Florida more than 2 years ago : - Suspension - Placed on probation - Administrative fine or penalty levied - Cease and desist order entered. 44. You, RANDOLPH HUGO KAHL-WINTER, did answer the above two (2) licensure application questions in the negative despite having been disciplined by the NASD on or about January 31, 1992, and despite having pled nolo contendere to the felony possession of cocaine on or about January 31, 1994. IT IS THEREFORE CHARGED that, you, RANDOLPH HUGO KAHL-WINTER, have violated or are accountable under one or more provisions of the Florida Statues or Florida Administrative Code, which constitutes grounds for the suspension or revocation of your licenses as a Florida insurance agent: (a) Material misstatement, misrepresentation, or fraud in obtaining the license or appointment. [Section 626.611(2), Florida Statutes, and Rule 69B-211.042, Florida Administrative Code]; (b) Demonstrating a lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (c) Any cause for which issuance of the license or appointment could have been refused had it then existed and been known by the Department. [626.621(1), Florida Statutes, and Rule 69B211.042, Florida Administrative Code]; 12 (d) | Having pled nolo contendere to a felony under the law of any state without regard to whether a judgment of conviction has been entered. [626.621(8), Florida Statutes]. COUNT Vi 45. The above general allegations numbered one (1) through twenty (20) are hereby realleged and fully incorporated herein by reference. 46. | Onor about January 31, 1992, you, RANDOLPH HUGO KAHL-WINTER, in the matter of District Business Conduct Committee for District No. 7 v. Randolph H. Kahl-Winter, Complaint No.: C07910108, were censured, fined, and ordered to pay restitution by the National Association of Securities Dealers, Inc. (NASD). 47. On or about January 31, 1994, you, RANDOLPH HUGO KAHL-WINTER, in the matter of State of Florida v. Randolph Kahl-Winter, Case No.: CRC91-07113CFANO-A, Circuit Court, Pinellas County, Florida, Criminal Division, did enter a plea of nolo contendere to a felony charge of possession of cocaine. 48. On or about June 6, 2008, you, RANDOLPH HUGO KAHL-WINTER, did file organization papers with the Florida Department of State for Kahl-Winter Group, L.L.C., a Florida limited liability company. You, RANDOLPH HUGO KAHL-WINTER, are the Registered Agent and Managing Member of the company. 49. On or about July 1, 2008, you, RANDOLPH HUGO KAHL-WINTER, did submit to the Department an application for the insurance agency licensure of Kahl-Winter Group, L.L.C. The application contained the following two (2) questions: Have the firm/agency, majority owners, partners, officers or directors ever been convicted, found guilty or pled guilty or nolo contendere (no contest) to a felony under the laws of any municipality, county, state territory or country whether or not adjudication was withheld or judgment of conviction was entered? oR oe 13 Have the firm/agency, majority owners, partners, officers or directors ever had any professional license subject to any of the following actions by any state agency or public authority or any other regulatory authority in any jurisdiction? - Revocation in Florida less than 2 years ago - Revocation in another state at anytime or in Florida more than 2 years ago - Suspension - Placed on probation - Administrative fine or penalty levied ~ Cease and desist order entered. 50. You, RANDOLPH HUGO KAHL-WINTER, did answer the above two (2) agency licensure questions in the negative despite having been disciplined by the NASD on or about January 31, 1992, and despite having pled nolo contendere to the felony possession of cocaine on or about January 31, 1994. 51. Kahl-Winter Group, L.L.C., has not been licensed as an insurance agency by the Department. IT IS THEREFORE CHARGED that, you, RANDOLPH HUGO KAHL-WINTER, have violated or are accountable under one or more provisions of the Florida Statues or Florida Administrative Code, which constitutes grounds for the suspension or revocation of your licenses as a Florida insurance agent: (a) Material misstatement, misrepresentation, or fraud in obtaining the license or appointment. [Section 626.611(2), Florida Statutes, and Rule 69B-211.042, Florida Administrative Code]; (b) Demonstrating a lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; 14 (c) Any cause for which issuance of the license or appointment could have been refused had it then existed and been known by the Department. [626.621(1), Florida Statutes, and Rule 69B211.042, Florida Administrative Code]; (d) Having pled nolo contendere to a felony under the law of any state without regard to whether a judgment of conviction has been entered. [626.621(8), Florida Statutes]. WHEREFORE, you, RANDOLPH HUGO KAHL-WINTER, 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, 626.9521, Florida Statutes; Rule Chapter 69B-231 of the 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 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 Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the 15 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. For the purpose of requesting a hearing in this matter, you are the "Respondent." Completion of the attached Election of Proceeding form conforms to these requirements. Specifically, your response must contain: (a) Your name, address, and telephone number, and facsimile number (if any). (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 you 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 wiinesses and the production of documents by subpoena. 16 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. Al! 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 wil! discuss this matter with you until the response has been received by the Department. 1! oN DATED and SIGNED this EA day of Jasholek , 2008. TAMMY TESTON Deputy Chief Financial Officer 17 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: RANDOLPH HUGO KAHL-WINTER, 4101 Headsail Drive, New Port Richey, Florida 34652; and 5445 Gulf Drive, New Port Richey, Florida 34652; by Certified Mail this 6 day of € k Trine e > 2008. Philip M. Payne Florida Bar Number: 0729310 Division of Legal Services 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4156 Fax (850) 487-4907 Attorney for Department 18

Docket for Case No: 09-002970PL