FILED SEP 269912 CHIEF FINANCIAL OFFICER . OQ JERE ATWATER Docketed by ee ee ee IN THE MATTER OF: CASE NO. 119635-12-AG IVETTE J. JIMENEZ / ADMINISTRATIVE COMPLAINT TO: Ivette J. Jimenez 1436 East Mowry Drive, Apt. 204 Homestead, FL 33033-4963 You, IVETTE J. JIMENEZ, 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, VETTE J. JIMENEZ, are currently licensed in the state as an All Lines Public Adjuster (3-20). 2. Atall times pertinent to the dates and occurrences referred to in this Administrative Complaint you, IVETTE J. JIMENEZ, were licensed as a public adjuster in this state. 3. 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. 4. Atall times pertinent to the dates and occurrences referred to in this Administrative Complaint, you, [VETTE J. JIMENEZ, while working at Century Adjusting, Inc. (the firm) as a Filed November 16, 2012 8:12 AM Division of Administrative Hearings licensed and appointed all-lines public adjuster, were responsible for supervising three apprentice public adjusters named Lina Nogues, Laide Figueroa and Rafael Orelle, Jr. 5. You, VETTE J. JIMENEZ, provided apprentice public adjusters Nogues, Figueroa and Orelle with the indicia of one licensed and authorized to effectuate contracts on behalf of the firm without your accompaniment, thereby aiding and abetting their wrongful conduct as specified under each count below. As a result, the insured did not know that Nogues, Figueroa and Orelle were each serving an apprenticeship under your tutelage. COUNT I 6. The above General Allegations numbered one through five are hereby realleged and fully incorporated herein by reference. 7. On October 27, 2009, J. R. and C. P-R. suffered a water damage loss to their «property. 8. On February 5, 2010, Lina Nogues solicited and executed a public adjusting contract with them without direct supervision and guidance by you, [VETTE J. JIMENEZ. ITIS THEREFORE CHARGED that you, IVETTE J. JIMENEZ, have violated or are accountable under the following provisions of the Florida Insurance Code and rules of the Florida Administrative Code which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state: (a) Section 626.8651(11), Florida Statutes, which provides that it is a violation for an apprentice public adjuster to execute contracts for the services of a public adjuster or public adjusting firm and may not solicit contracts for the services except under the direct supervision and guidance of the supervisory public adjuster. (b) Rule 69B-220.051(3)(a), Florida Administrative Code, which provides that the 2 solicitation of public adjusting business for compensation is deemed to be a material part of the business of public adjusting and, therefore, requires licensure as a public adjuster under the laws ‘of Florida and the rules of the department, and shall be engaged in only by persons licensed by the department as public adjusters. Unlicensed persons shall not engage in such activity even under the supervision of a licensed public adjuster. The phrase “solicitation of public adjusting business” and similar phrases as used in this rule means, for compensation, initiating contact with any person, whether in person, by mail, by telephone, or otherwise, and therein seeking, ‘causing, urging, advising, or attempting: 1. To have any person enter into any agreement engaging the services of a public adjuster in any capacity; or 2. To have any person subsequently speak or meet with a licensed public adjuster for the purpose of engaging the services of a public adjuster in any capacity or for the purpose of being advised by a public adjuster in any regard. (c) Section 626.621(12), Florida Statutes, which provides that it is a violation for a public adjuster to knowingly aid, assist, procure, advise, or abet any person in the violation of or to violate a provision of the insurance code or any order or rule of the department, commission, or ‘office. (d) Section 626.611(13), Florida Statutes, which provides that it is a violation for any | agent to willfully fail to comply with, or willfully violate any proper order or rule of the department or willfully violate any provision of the Insurance Code. COUNT II 9. The above General Allegations numbered one through five are hereby realleged and fully incorporated herein by reference. - 10. On July 23, 2010, J. and C. A. suffered a property damage loss due to a roof leak. 11. On July 26, 2010, Lina Nogues solicited and executed a public adjusting contract with J. and C.A. without direct supervision and guidance by you, IVETTE J. JIMENEZ. IT IS THEREFORE CHARGED that you, [VETTE J. JIMENEZ, have violated or are accountable under the provisions of the Florida Insurance Code and rules of the Florida Administrative Code described above in Count I, which constitute grounds for the suspension. or revocation of your licenses as an insurance agent in the state. COUNT III 12, The above General Allegations numbered one through five are hereby realleged and fully incorporated herein by reference. 13. On April 8, 2010, J. C. and Y. A. suffered a property damage loss due to broken water pressure line. 14. On April 8, 2010, Rafael Orelle, Jr. solicited and executed a public adjusting contract with J. C. and Y.A. without direct supervision and guidance by you, IVETTE J. JIMENEZ. IT IS THEREFORE CHARGED that you, IVETTE J. JIMENEZ, have violated or are accountable under the provisions of the Florida Insurance Code and rules of the Florida Administrative Code described above in Count I, which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state. COUNT IV 15. The above General Allegations numbered one through five are hereby realleged and fully incorporated herein by reference. 16. On October 25, 2005, M. P. (the insured) suffered a property damage loss due to Hurricane Wilma that had to be re-opened for further claim resolution. 4 17. On March 10, 2010, Laide Figueroa solicited and executed a public adjusting contract with the insured without direct supervision and guidance by you, IVETTE J. JIMENEZ. IT IS THEREFORE CHARGED that you, IVETTE J. JIMENEZ, have violated or are accountable under the provisions of the Florida Insurance Code and rules of the Florida Administrative Code described above in Count I, which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state. COUNT V 18. The above General Allegations numbered one through five are hereby realleged and fully incorporated herein by reference. 19. On February 12, 2010, C. R. suffered a property damage loss due to a roof leak. 20. On February 16, 2010, Rafael Orelle, Jr. solicited and executed a public adjusting contract with the insured without direct supervision and guidance by you, IVETTE J. JIMENEZ. IT IS THEREFORE CHARGED that you, [VETTE J. JIMENEZ, have violated or are accountable under the provisions of the Florida Insurance Code and rules of the Florida Administrative Code described above in Count I, which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state. COUNT VI 21. The above General Allegations numbered one through five are hereby realleged and fully incorporated herein by reference. 22. On September 23, 2009, D. S. suffered a property damage loss due to water. 23. On January 12, 2010, Rafael Orelle, Jr. solicited and executed a public adjusting contract with the insured without direct supervision and guidance by you, [VETTE J. JIMENEZ. IT IS THEREFORE CHARGED that you, VETTE J. JIMENEZ, have violated or are accountable under the provisions of the Florida Insurance Code and rules of the Florida Administrative Code described above in Count I, which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state. COUNT VII 04, The above General Allegations numbered one through five are hereby realleged and fully incorporated herein by reference. 25. On October 24, 2005, J. R. and I. A. suffered a property damage loss due to hurricane Wilma that had to be reopened. 26. On June 24, 2009, Laide Figueroa solicited and executed a public adjusting contract with the insured without direct supervision and guidance by you, IVETTE J. JIMENEZ. IT IS THEREFORE CHARGED that you, IVETTE J. JIMENEZ, have violated or are accountable under the provisions of the Florida Insurance Code and rules of the Florida Administrative Code described above in Count I, which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state. COUNT VII 27. The above General Allegations numbered one through five are hereby realleged and fully incorporated herein by reference. 28. On February 12, 2010, M. M. suffered a property damage loss due to a water leak. 29. On February 18, 2010, Laide Figueroa solicited and executed a public adjusting contract with the insured without direct supervision and guidance by you, IVETTE J. JIMENEZ. IT IS THEREFORE CHARGED that you, VETTE J. JIMENEZ, have violated or are accountable under the provisions of the Florida Insurance Code and rules of the Florida 6 Administrative Code described above in Count I, which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state. COUNT IX 30. The above General Allegations numbered one through five are hereby realleged and fully incorporated herein by reference. 31. On June 25, 2010, R. S. suffered a property damage loss due to water. 32. On June 28, 2010, Laide Figueroa solicited and executed a public adjusting contract with the insured without direct supervision and guidance by you, [VETTE J. JIMENEZ. IT IS THEREFORE CHARGED that you, [VETTE J. JIMENEZ, have violated or are accountable under the provisions of the Florida Insurance Code and rules of the Florida Administrative Code described above in Count I, which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state. COUNT X 33. The above General Allegations numbered one through five are hereby realleged and fully incorporated herein by reference. . 34, On January 25, 2010, D. W. suffered a property damage loss due to water. 35. On May 25, 2010, Laide Figueroa solicited and executed a public adjusting contract with the insured without direct supervision and guidance by you, [VETTE J. JIMENEZ. 36. IT IS THEREFORE CHARGED that you, IVETTE J. JIMENEZ, have violated or are accountable under the provisions of the Florida Insurance Code and rules of the Florida Administrative Code described above in Count I, which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state. NOTICE AS TO AGGRAVATION OF PENALTY 37. An inspection of the firm on December 23, 2010 revealed seven public adjusting contracts signed as of that date by Ralph Orelle, Jr. as to the following insured: (a) C. A. L. vandalism loss on December 12, 2008, contract solicited and executed on July 1, 2009; (b) C. L. hurricane Wilma loss on October 24, 2005, contract solicited and executed on July 1, 2009; (c) M..V. hurricane Wilma loss on October 24, 2005, contract solicited and executed on August 14, 2010; (d) U.S. roof leak loss on August 15, 2010, contract solicited and executed on August 17, 2010; . (c) J. and J. S. water pressure line loss on July 3, 2010, contract solicited and executed on July 6, 2010; (f) Land L. B. hurricane Wilma loss on October 24, 2005, contract solicited and executed on August 23 2010; (g) Back Bay Isle, LLC water loss on May 20, 2009, contract solicited and executed on May 21, 2009. WHEREFORE, you, IVETTE J. JIMENEZ, are hereby notified that the Chief Financial Officer intends to enter an Order REVOKING your licenses, appointments and your eligibility for licensure as an insurance agent in this state 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 the Department intends to seek. 8 aggravation of all such penalties in accordance with the provisions of Rule 69B-231.160, Florida Administrative Code, and 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 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 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"). 9 (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 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. 10 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 2(;" ay of Sepkmboer, 2012. 5 Gregory ne Director, Agent & Agency Services 11 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been furnished by electronic mail to IIMENEZ@CENTURYADJUSTING, Ivette J. Jimenez, 11436 East Mowry Drive, Apt. 204, Homestead, FL 33033-4963, on this 46" day of er, 2012. : d ” Kacdembo David J. Busch ~~ Division of Legal Services 612 Larson Building Tallahassee, FL 32399-0333 Tel: (850) 413-4211 Attorney for the Department Fla. Bar No. 140945 12 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: IVETTE J. JIMENEZ CASE NO. 119635-12-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. J am requesting disposition of this matter as indicated below. (CHOOSE ONE) LC] 3.0) I do not dispute any of the Department’s factual allegations and I do not desire a hearing. 1 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 of a telephone conference call. 1 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. I 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, 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.: 13

Docket for Case No: 12-003758PL