FILED MAR 1.4 2011 CHIEF FINANCIAL OFFICER JEFF ATWATER STATE OF FLORIDA Docket ad py HL IN THE MATTER OF: ERNESTO FLORES : Case No. 113301-10-AG / ADMINISTRATIVE COMPLAINT TO: ERNESTO FLORES 5731 NW 37" Street, Apt. 325 Virginia Gardens, Florida 33166-5779 ERNESTO FLORES P.O, Box 2093 Miami, Florida 33056 You, ERNESTO FLORES, license number D055278, 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, ERNESTO FLORES, are currently licensed in this state as a General Lines (2-20), Health (2-40) and Life Including Variable Annuity (2-14) agent, ‘ ; 2. At all times material hereto, you, ERNESTO FLORES, were licensed in this state as an insurance agent, license number D055278, 3, At all times material hereto, you, ERNESTO FLORES, were the vice president and registered agent of Flores and Son’s (“F&S”), a Florida for-profit corporation. Filed January 4, 2012 4:07 PM Division of Administrative Hearings 4. At all times material hereto, you, ERNESTO FLORES, were the owner and agent-in-charge of an insurance agency known as E&E Insurance Services (CE&E”), located at 17633 NW 27" Avenue, Opa Locka, Florida 33056, Agency License No. L062189, 5. At all times material hereto, E&E was a fictitious name registered with the Division of Corporations by F&S, 6. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over your insurance licenses and appointments. 7, Atall times material hereto, all funds received by you, ERNESTO FLORES, from insureds were funds received in a fiduciary capacity and were to be paid over to an insured or a person entitled thereto in the regular course of business following deduction of the contractually-obligated fee, 8. At all times material hereto, you, ERNESTO FLORES, ‘as the sole owner and proprietor of E&E and as vice-president of F&S, were authorized to sign for banking transactions on F&S8’s (doing business as E&E) account at Bank of America. 9. At all times material hereto, you, ERNESTO FLORES, were the only licensed general lines agent employed by E&E. 10, At all times material hereto, Kenneth Daniel Gonzalez was a licensed customer representative (04-40), having received from the Department license number P116731. 11. Atall times material hereto, you, ERNESTO FLORES, employed Kenneth Daniel Gonzalez as a customer service representative. COUNT | 12. The above General Allegations are realleged and incorporated herein by reference, 13. Onor about May 1, 2009, Kenneth Daniel Gonzalez, on behalf of E&E, signed as an authorized representative, an ACORD form regarding property which belonged to one of E&E’s clients, Flor Perez (“Ms, Perez). ) 14, The ACORD form indicated that Ms. Perez had obtained homeowner’s insurance coverage on a property located at 2850 NW 56th St., Miami, FL 33142 for the period beginning on May 1, 2009, and ending on May 1, 2010. , 15, The ACORD form also stated that Ms. Perez had paid for such policy in full. 16. On or about May 1, 2009, Kenneth Daniel Gonzalez transmitted this ACORD form to Ocwen Loan Servicing, LLC, along with handwritten directions to “please stop force place insurance.” 17. In fact, as of May 1, 2009, Ms. Perez had not obtained homeowner’s insurance on the property for the period Kenneth Daniel Gonzalez indicated such coverage existed, and thus, had not paid any such policy in full. Therefore, the representations made on the ACORD form regarding Ms. Perez’s insurance coverage were false. 18. As agent in charge of E&E and sole general lines agent, you, ERNESTO FLORES, as de facto supervisory agent over Kenneth Daniel Gonzalez, failed to exercise due care and provide necessary supervision. IT IS THEREFORE CHARGED that you, ERNESTO FLORES, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code and. the Florida Administrative Code, which constitute sufficient grounds for the suspension or revocation of your license(s) ot appointment(s) as an insurance agent in this state: (a) Section 626,9541(1)(e)1.c., Florida Statutes, which provides that it is an unfair method of competition and an unfair or deceptive act or practice, violative of Section 626.9521, Florida Statutes, to knowingly deliver to any person any false material statement. (b) — Section 626.621(6), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent, in the conduct of business under the license or appointment, to engage in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of this chapter, or otherwise show oneself to be a source of injury or loss to the public interest. (c) Section 626,611(5), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to, either in person ot by any form of dissemination of information or advertising, willfully misrepresent any insurance policy or annuity contract, or willfully deceive with regard to such policy or contract. | (d) - Section 626,611(7), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance, (e) Section 626.611(8), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by license or appointment. ® Section 626.611(9), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment. (g) Section 626.611(13), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to willfully fail to comply with, or willfully violate, any proper order or rule of the department or any provision of this code. (h) —— Section 626,621(2), Florida Statutes, which provides that violating any provision of this Code or any law applicable to the business of insurance in the course of dealing under the licensure or appointment is, in itself, a violation of law. . i) Section 626.621 (3), Florida Statutes, which provides that it is a violation of law to violate any lawful order or rule of the department, commission, or office, q) Section 626.734, Florida Statutes, which provides that any general lines insurance agent who is an officer, director, or stockholder of an incorporated general lines insurance agency shall remain personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any provisions of this code committed by such licensee or by any person under his or her direct supervision and control while acting on behalf of the corporation. (k) Rule 69B-213-100, Florida Administrative Code, which provides that the - designated supervising agent is jointly and severally accountable and responsible with the agency to the Department, for the acts and representations of the customer representative; that an agent who is designated to supervise a customer representative thereby incurs the following obligations, in addition to those otherwise set out in this rule: (1) The agent must supervise the customer representative, as described in this rule, This duty shall not be delegated. This duty remains on the designated supervising agent even when the customer representative is performing customer representative services for other agents within the agency. (2) The agent must assure that the customer representative does not exceed the allowable scope of the customer representative’s licensure, duties and authority. COUNT II 19, The above General Allegations are realleged and incorporated herein by reference, 20. On or about May 21, 2009, Kenneth Daniel Gonzalez signed, as an authorized representative of E&E, an ACORD form regarding property which belonged to one of E&E’s clients, Aday Rodriguez (“Mr, Rodriguez”), 21. The ACORD form indicated that Mr. Rodriguez had applied for homeowner’s insurance coverage on a property located at 4052 Castlegate Dr., Orlando, FL 32839 for the period beginning on May 21, 2009, and ending on May 21, 2010. 22. In an effort to collect premium payment, Kenneth Daniel Gonzalez transmitted this ACORD form to a third party with handwritten instructions to “make & mail check of $1,419 payable to Enk [sic] Insurance Services”. 23. In fact, as of May 21, 2009, Mr. Rodriguez had not applied for homeowner’s insurance on the property for the period indicated, Therefore, the representations contained in the ACORD form were false. 24, As agent in charge of E&E and sole general lines agent, you, ERNESTO FLORES, as de facto supervisory agent over Kenneth Daniel Gonzalez, failed to exercise due care and provide necessary supervision. IT IS THEREFORE CHARGED that you, ERNESTO FLORES, have violated or are accountable under one ot more of the following provisions of the Florida Insurance Code and the Florida Administrative Code, which constitute sufficient grounds for the suspension or revocation of your license(s) or appointment(s) as an insurance agent in this state: (a) — Section 626.9541(1)(e)1.c., Florida Statutes, which provides that it is an unfair method of competition and an unfair or deceptive act or practice, violative of Section 626.9521, Florida Statutes, to knowingly deliver to any person any false material statement. (b) — Section 626.621(6), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or _ managing general agent, in the conduct of business under the license or appointment, to engage in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of this chapter, or otherwise show oneself to be a source of injury or loss to the public interest, (c) Section 626.611(5), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to, either in person or by any form of dissemination of information or advertising, willfully misrepresent any insurance policy or annuity contract, or willfully deceive with regard to such policy or contract. . (d) — Section.626.611(7), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance, (e) Section 626,611(8), Florida Statutes, which provides ‘that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by license or appointment. f) Section 626.611(9), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment. (g) Section 626.611(13), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to willfully fail to comply with, or willfully violate, any proper order or rule of the department or any provision of this code, (h) — Section 626.621(2), Florida Statutes, which provides that violating any provision of this Code or any law applicable to the business of insurance in the course of dealing under the licensure or appointment is, in itself, a violation of law, (i) Section 626.621(3), Florida Statutes, which provides that it is a violation of law to violate any lawful order or rule of the department, commission, or office. () Section 626.734, Florida Statutes, which provides that any general lines insurance agent who is an officer, director, or stockholder of an incorporated. general lines insurance agency shall remain personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any provisions of this code committed by such licensee or by any person under his or her direct supervision and control while acting on behalf of the corporation. (kK) Rule 69B-213-100, Florida Administrative Code, which provides that the designated supervising agent is jointly and severally accountable and responsible with the agency to the Department, for the acts and representations of the customer representative; that an agent who is designated to. supervise a customer representative thereby incurs the following obligations, in addition to those otherwise set out in this rule: (1) The agent must supervise the customer representative, as described in this rule, This duty shall not be delegated. This duty remains on the designated supervising agent even when the customer répresentative is performing customer representative services for other agents within the agency. (2) The agent must assure that the customer representative does not exceed the allowable scope of the customer representative’s licensure, duties and authority, COUNT UI 25, The above General Allegations are realleged and incorporated herein by reference, 26, On January 8, 2007, Kenneth Daniel Gonzalez began employment with E&E, 27, Until July 25, 2010, Kenneth Daniel Gonzalez had not been properly appointed by E&E, or approved by the Department, to act as a customer representative on behalf of the agency. 28. Between January 8, 2007 and July 25, 2010, Kenneth Daniel Gonzalez solicited insurance policies and discussed such policies with clients and prospective clients on behalf of the agency, without a proper appointment. 29, Between January 8, 2007 and July 25, 2010, Kenneth Daniel Gonzalez held himself out to clients and business associates as a customer representative acting on behalf of the agency, without a proper appointment. 30. : As agent in charge of E&E and sole general lines agent, you, ERNESTO FLORES, as de facto supervisory agent over Kenneth Daniel Gonzalez, failed to ensure that Kenneth Daniel Gonzalez was properly appointed as a customer representative prior to engaging in the transaction of insurance. IT IS THEREFORE-CHARGED that you, ERNESTO FLORES, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code and the Florida Administrative Code, which constitute sufficient grounds for the suspension or revocation of your license(s) or appointment(s) as an insurance agent in this state; (a). Section 626.112(1)(a), Florida Statutes, which provides that no person may be, act as, ot advertise or hold himself or herself out to be an insurance agent, insurance adjuster, or customer representative unless he or she is currently licensed by the department and appointed. by an appropriate appointing entity or person, (b) — Section 626.112(2), Florida Statutes, which provides that no agent or customer representative shall solicit or otherwise transact as agent or customer representative, or represent or hold himself or herself out to be an agent or customer representative as to, any kind or kinds of insurance as to which he or she is not then licensed and appointed. (c) Section 626.611(7), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance. (d) Section 626.611(8), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by license or appointment. (e) Section 626.611(13), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to willfully fail to comply with, or willfully violate, any proper order or . tule of the department or any provision of this code. () Section 626.621(2), Florida Statutes, which provides that violating any provision of this Code or any law applicable to the business of insurance in the course of dealing under the licensure or appointment is, in itself, a violation of law. (g) Section 626.621(3), Florida Statutes, which provides that it is a violation of law to violate any lawful order or rule of the department, commission, or office. (h) = Rule 69B-213.060(2), Florida Administrative Code, which provides that no custorher representative may perform customer representative duties until an appointment is in effect. (i) Rule 69B-213.080(2), Florida Administrative Code, which provides that the agent must, pursuatit to subsection 69B-213.120(4), F.A.C., take reasonable steps to assure that the customer representative does not exceed the allowable scope of the customer representative's licensure, duties and authority. COUNT IV 31. The above General Allegations are realleged and incorporated herein by reference, 32. On or about February 7, 2008, consumers Edith Mary (“Ms. Mary”) and Nirva Riviere (“Mr. Riviere”) visited E&E to purchase homeowners insurance for Ms. Mary. 33. On that day, Ms. Mary issued a check to E&E in the amount of $2,100.00. The amount reflected full payment for a homeowners policy through Citizens Property Insurance Corporation (“Citizens”). 34, Between February 2008 and July 2008, Ms. Mary and Mr, Riviere made additional payments to E&E totaling $259.00 on Ms. Mary’s homeowner’s policy. 35. On August 7, 2008, Department staff conducted an agency inspection of E&E and reviewed Ms. Mary’s file. 36, A review of the file demonstrated that Ms. Mary’s Citizen’s insurance policy required a premium payment of $1,744.00, not $2,100.00, as was initially charged, and not $2,359.00, which reflects the total amount paid on the policy, 37, Despite the fact that Ms. Mary paid in full for the Citizens policy, ‘you, ERNESTO FLORES, entered into a premium finance agreement with Pro Premium Finance Company, Inc. to finance Ms, Mary’s policy, without her knowledge or consent. 38. Ms. Mary’s address on the premium finance agreement is listed as P.O, Box 2093, Miami, Florida 32093, The address is false, as that P.O. Box is owned by you, ERNESTO FLORES, and is the mailing address for E&E on file with the Department. IT IS THEREFORE CHARGED that you, ERNESTO FLORES, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code and the Florida, Administrative Code, which constitute sufficient grounds for the suspension or revocation of your license(s) or appointment(s) as an insurance agent in this state: (a) Section 626.9541(1)(e)1.c., Florida Statutes, which provides. that it is an unfair method of competition and an unfair or deceptive act or practice, violative of Section 626.9521, Florida Statutes, to knowingly deliver to any person any false material statement. (b) — Section 626.621(6), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent, in the conduct of business under the license or appointment, to engage in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part Ix of this chapter, or otherwise show oneself to be a source of injury or loss to the public interest. (c) Section 626,61 1(7), Florida Statutes, which provides that it-is a violation for any applicant, agent, title agency,. adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance. (d) Section 626.611(8), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by license or appointment. (e) Section 626.611(10), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to misappropriation, convert, or unlawfully withhold moneys belonging to insurers or insureds or beneficiaries or to others and received in the conduct of business under the license or appointment. (f) Section 626.611(13), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to willfully fail to comply with, or willfully violate, any proper order or rule of the department or any provision of this code. . (g) Section 626.611(5), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to, either in person or by any form of dissemination of information or advertising, willfully misrepresent any insurance policy or annuity contract, or willfully deceive with regard to such policy or contract. (h) —_ Section 626.611(9), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment, @ Section 626.9541(1)(0)2., Florida Statutes, which provides that it is an unfair method of competition and an unfair or deceptive act or practice, violative of Section 626.9521, Florida Statutes, to knowingly collect as a premium or charge for insurance any sum in excess of or ‘less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the office, and as specified in the policy; or, in cases when classifications, premiums, or rates are not required by this code to be so filed and approved, premiums and charges collected from a Florida resident in excess of or less than those specified in the policy and as fixed by the insurer, COUNT. V. 39. The above General Allegations are realleged and incorporated herein by reference. 40. On November 12, 2008, Pro Premium Finance Company, Inc. (“Pro Premium”) provided the Department with thirteen (13) premium finance agreements for thirteen (13) _ insureds who purchased insurance policies through you, ERNESTO FLORES, 41. Each of the contracts showed an address for the insured of P.O. Box 2093, Opa Locka (or Miami), Florida 33055, 42. The insured’s address listed on each of the premium finance agreements is false, as that P.O. Box is owned by you, ERNESTO FLORES, and is the mailing address for E&E on file with the Department, , 43. Furthermore, it appears that the signatures on each of the premium finance agreements are not the true signatures of each insured, IT IS THEREFORE CHARGED that you, ERNESTO FLORES, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code and the Florida Administrative Code, which constitute sufficient grounds for the suspension or revocation of your license(s) or appointment(s) as an insurance agent in this state: (a) — Section 626.9541(1)(e)1.c., Florida Statutes, which provides that it is an unfair method of competition and an unfair or deceptive act or practice, violative of Section 626.9521, Florida Statutes, to knowingly deliver to any person any false material statement. (b) — Section 626.621(6), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent, in the conduct of business under the license or appointment, to engage in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under 15 part IX of this chapter, or otherwise show oneself to be a source of injury or loss to the public ‘interest. (c) — Section 626.611(7), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance. (d) Section 626.611(8), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by license or appointment. (e) Section 626.611(13), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to willfully fail to comply. with, or willfully violate, any proper order or rule of the department or any provision of this code. (6 Section 626.611(5), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general’ agent to, either in person or by any form of dissemination of information or advertising, willfully misrepresent any insurance policy or annuity contract, or willfully deceive with regard to such policy or contract. (g) Section 626.611(9), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment. COUNT YI. 44, The above General Allegations are realleged and incorporated herein by reference. 45, On September 1, 2009, Citizens Property Insurance Corporation (“Citizens”) conducted an on-site compliance visit at E&E. 46. Citizens’ representatives inspected multiple client files held by B&B. 47. Citizens’ compliance visit found that you, ERNESTO FLORES, overcharged consumer Lela Baker $205.00 on a homeowners policy. 48, Citizens’ compliance visit also found that you, ERNESTO FLORES, overcharged consumer Hazel Rogers $200.00 on a homeowners policy. 49, You, ERNESTO FLORES, failed to respond to Citizens regarding the compliance visit, As a result of the above actions and your failure to respond, Citizens terminated your appointment, IT IS THEREFORE CHARGED that you, ERNESTO FLORES, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code and the Florida Administrative Code, which constitute sufficient grounds for the suspension or revocation of your license(s) or appointment(s) as an insurance agent in this state: (a) —_ Section 626.611(7), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance, (b). Section 626.611(8), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by license or appointment. WHEREFORE, you, ERNESTO FLORES, 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, and 626.691, 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 Julie Jones, 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 WIL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-106,.201, 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 staternent 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 19 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. in DATED and SIGNED this day of __\ , 2011. 20 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished by Certified Mail to: ERNESTO FLORES, E&E Insurance Services, 17633 NW 27 Ave., Miami, Florida 33056; this jytd day of Meld , 2011. 21 obyn Blank Jackson Assistant General Counsel Department of Financial Services Division of Legal Services 612 Larson Building ; Tallahassee, Florida 32399-0333

Docket for Case No: 12-000018PL