) FILED JUL 13 2012 CHIEF FINANCIAL OFFICER IEEE ATWATER ——Docketed by_&Zd. CASE NO. 115858-12-AG IN THE MATTER OF: JAMILET TRIMINO / ADMINISTRATIVE COMPLAINT TO: Jamilet Trimino All Around Insurance 4 So. FL., Corp. 9100 South Dadeland Blvd., Ste. 1500 Miami, FL 33156 Jamilet Trimino 5221 SW 87" Avenue Miami, FL 33165 You, JAMILET TRIMINO, are hereby notified that pursuant to Chapter 626, Florida Statutes, 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. You, JAMILET TRIMIN O, are currently licensed in the state as a general lines agent (2- 20) and a health agent (2-40). 2. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint you, JAMILET TRIMINO, were licensed as an insurance agent in this state. 3. Atall times pertinent to the dates and occurrences referred to in this Administrative Complaint you, JAMILET TRIMINO, were owner, president and agent in charge of All Around Filed August 16, 2012 10:23 AM Division of Administrative Hearings ) i) Insurance 4 So. FL. Corp. (the agency), a licensed and incorporated insurance agency in this state. 4. Atall times pertinent to the dates and occurrences referred to in this Administrative Complaint you, JAMILET TRIMINO, had signatory authority on the agency’s Intercredit Bank account numbered 510178905. 5. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint you, JAMILET TRIMINO, had signatory authority on the agency’s Wachovia Bank account numbered 2000048217206. 6. Atall times relevant to the dates and occurrences referenced herein and pursuant to Section 626.795, Florida Statutes, you, JAMILET TRIMINO, were personally liable for any wrongful acts, misconduct, or violation of any provision of the Insurance Code committed by you or anyone under your direct supervision and control while acting on behalf of the agency. 7. Pursuant to a Department consent order filed December 3, 2008, you, JAMILET ' TRIMINO, were ordered to be placed on one year probation and directed not to apply for licensure as a title insurance agent or to act as an authorized signatory on any title insurance agency trust account or to otherwise be involved in the title insurance business in this state. The Department intends to aggravate any proposed total penalty in this matter by reason of that prior Department order. 8. Pursuant to Chapter 626, Florida Statutes, the Chief Financial Officer of the State of Florida and the Department of Financial Services has jurisdiction over your insurance licenses and your eligibility for licensure and appointment as well as that of the agency. COUNT 1 9. The above General Allegations are hereby realleged and fully incorporated herein by reference. 10. On October 29, 2002, the agency was approved by Citizens Property Insurance Corporation (Citizens) to act as its agent and an appointment agreement was executed between Citizens and the agency. 11. On or about April 24, 2009, you, JAMILET TRIMINO, acting as Citizens’ agent, sold Essex Gardens Apartments, Inc. Condominium Association (Essex) property and casualty insurance policy number CFP1031287-01 (the Essex policy) for a total premium of $81,585.00. 12. On April 24, 2009, Essex financed the premium through M.C.L., Inc., pursuant to a premium finance agreement, making a down payment in the amount of $16,317.00 for the benefit of the Essex policy. 13. On May 1, 2009 you, JAMILET TRIMINO, issued an agency check numbered 1016-for $16,317.00 drawn on the agency’s Intercredit Bank account and made payable to Citizens, reflecting the Essex down payment. The agency check numbered 1016 was returned by Intercredit Bank for there being nonsufficient funds in the agency account. 14. On August 20, 2009, you, JAMILET TRIMINO, were terminated by Citizens for your mishandling of premium funds. IT IS THEREFORE CHARGED that you, JAMILET TRIMINO, have violated or are accountable under the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitute sufficient grounds for suspension or revocation of your license(s) or appointment(s) as an insurance agent in this State:. a) Section 626.611(5), Florida Statutes, which provides that it is a violation for any 3 ) ) 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 any such policy or contract; . b) 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; c) 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; . d) Section 626.611(10), Florida Statutes, which provides that it is a violation for any applicant, agent, ttle agency, adjuster, customer representative, service representative, or managing general agent to misappropriate, 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; e) Section 626.621(6), Florida Statutes, which provides that it is a violation of the law to engage in unfair or deceptive acts or practices, or to otherwise be a source of injury or loss to the public in the conduct of business under the appointment. COUNT II 15. The above General Allegations are hereby realleged and fully incorporated herein by reference. y y 16. On or about November 9, 2009, you, JAMILET TRIMINO, or someone under your direct supervision or control, issued pre-authorized draft check number 220 drawn on its Wachovia bank account in the amount of $2,869.05 made payable to Convenient Finance Corporation with whom the agency had a financing agreement to act on behalf of the agency’s insured, Essex. 17. The above referenced check number 220 was returned by Wachovia because of there , being insufficient funds in the agency’s bank account. 18. The agency’s November 2009 bank statement shows that were seven checks returned because of insufficient funds in the agency’s bank account to cover payments for them. IT IS THEREFORE CHARGED that you, JAMILET TRIMINO, have violated or are accountable under the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitute sufficient grounds for 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(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; c) 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 5 ) ) managing general agent to misappropriate, 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; ) d) —_ Section 626.621(6), Florida Statutes, which provides that it is a violation of the law to engage in unfair or deceptive acts or practices, or to otherwise be a source of injury or loss to the public in the conduct of business under the appointment. WHEREFORE, you, JAMILET TRIMINO, 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, 626.692, and 626.9521, Florida Statutes, and under the other referenced Sections of the Florida Statutes as set out in this Administrative Complaint. You are further notified that any order 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 Julie Jones, Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. Your written response must be 6 ) » 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. (ec) Astatement 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 4 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. yh ’ DATED apd SIGNED this _! 3 day of “Oul 4 , 2012. a) MAA 4. | ‘oh WAY, iad Bysir Greg Thomas Director, Agent and Agency Services 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: Jamilet Trimino, via jamilet@allaroundcorp.com and to her lawyer Bernard M. Cassidy, Lubell & Rosen, 200 South Andrews Avenue, Suite 602, Fort Lauderdale, FL 33301 this ya day of Ov \ Y , 2012. PE DAVID J. BUSCH, ESQUIRE Department of Financial Services Division of Legal Services - 612 Larson Building Tallahassee, Florida 32399-0333 Tel.: (850) 413-4146 y ) STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: JAMILET TRIMINO CASE NO.; 115858-12-AG ELECTION OF PROCEEDING I have received and have read the Administrative Complaint filed by the Florida Department of Financial Services ("Department") against me, including the Notice of Rights contained therein, and I understand my options. I am requesting disposition of this matter as indicated below. (CHOOSE ONE) 1[] 3.0] I do not dispute any of the Department’s factual allegations and I do not desire a hearing. I understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my licenses and appointments as may be appropriate. I do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with Section 120,57(2), Florida Statutes. In this regard, I desire to (CHOOSE ONE): {] Submit a written statement and documentary evidence in lieu of a hearing; or {] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or [] Attend that same hearing by way ofa telephone conference call. I do dispute one or more of the Department's factual-allegations, I hereby request a hearing pursuant to Section 120,57(1), Florida Statutes, to be held before the Division of Administrative Hearings. 1 have attached to this election form the information required by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (c) of the Notice of Rights. Specifically, I have identified the disputed issues of material fact. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: Julie Jones DFS Agency Clerk, Florida Department.of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. Signature Print Name Date: Address: Date Administrative Complaint Received: If you are represented by an attorney or qualified Phone No.: representative, please attach to this election form his or her name, address, telephone and fax numbers Fax No.: 10 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: Jamilet Trimino via email at jamilettrimino@gmail.com, 1861 NW South River Drive, 1506, Miami, Florida 33165-6734, and to her lawyer Bernard M. Cassidy, Lupell & Rosen, 200 South Andrews Avenue, Suite 602, Fort Lauderdale, FL 33301 this 1 day of “OU Vy , 2012. J. BUSCH, ESQUIRE Department of Financial Services Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333 Tel.: (850) 413-4146

Docket for Case No: 12-002756PL