FILED SEP 30 2011 Docketed by SS CHIEF FINANCIAL OFFICER JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: CASE NO.: 120127-11-AG KRISTIN R. HOPKINS ADMINISTRATIVE COMPLAINT TO: KRISTIN R. HOPKINS 12063 Gladiola Street Punta Gorda, Florida 33955 You, KRISTIN R. HOPKINS, license I.D. #E114255, 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,, KRISTIN R. HOPKINS, are currently licensed in this state as a customer service representative (4-40). 2. At all times material to the dates and occurrences referred to herein, you were licensed in this state as a customer service representative. At all times material to the dates and occurrences referred to herein, you, KRISTIN R. HOPKINS, were an employee of Insurance Depot of Charlotte County, an incorporated insurance agency doing business in Charlotte County, Florida. Filed October 24, 2011 3:37 PM Division of Administrative Hearings 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over your insurance licenses and appointments. 4. At all time material to the dates and occurrences specified herein, the International Water Safety Foundation (IWSF) transacted insurance or operated as an insurance company in Florida. 5. At no time material to the dates and occurrences herein did International Water Safety Foundation ([WSF) posses certificates of authority from the Department or the Office of Insurance Regulation to engage in the business of insurance or to operate as an insurance company in Florida. 6. International Water Safety Foundation (IWSF) is not subject to any exception to the licensure requirement of the Florida Insurance Code in order to lawfully engage in the business of insurance or to operate as an insurance company in Florida, 7. On October 15, 2003, the Florida Office of Insurance Regulation (OIR) issued an Immediate Final Order, 70640-03-CO, against International Water Safety Foundation (IWSF) ordering the company to immediately cease and desist from acting or holding itself out to be an insurer in this state, and cease and desist from transacting any new or renewal insurance business in this state, and from collecting any premiums from Florida insureds. 8. At all times material to the dates and occurrences herein, you, KRISTIN R. HOPKINS, did directly or indirectly represent or aid International Water Safety Foundation (IWSF) as indicated in the numbered counts below, to unlawfully transact insurance in the State of Florida by the direct solicitation and sale of insurance to Florida insurance consumers. COUNT I 9. The above general allegations are hereby realleged and fully incorporated herein by reference. 10. On or about April 17, 2007, you, KRISTIN R. HOPKINS, as a licensed customer service representative, solicited M.C.U. of N. Ft. Myers, Florida to purchase a Marine insurance policy issued by International Water Safety Foundation (IWSF). 11. You, KRISTIN R. HOPKINS, received from M.C.U. approximately $1,740 annually for calendar years 2007, 2008, and 2009 as the annual premium payment on the boat insurance policy. 12. At the time of your solicitation and sale of the International Water Safety Foundation (IWSF) policy to M.C.U., and at all times thereafter, International Water Safety Foundation (WSF) was not authorized to transact insurance in Florida, and was not subject to any exception to the licensure requirement. You, KRISTIN R. HOPKINS, were clearly aware of or should have been aware of this fact, but failed to disclose this fact to the insured. 13. Based upon misrepresentations made by you, KRISTIN R. HOPKINS, M.C.U. entered into the insurance policies with the International Water Safety Foundation (WSF). 14. As a result, M.C.U. failed to receive the requested insurance and has suffered a financial loss. IT IS THEREFORE CHARGED that you, KRISTIN R. HOPKINS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your licenses and appointments: (a) Section 624.11(1), Florida Statutes which provides that it is a violation for any person to transact in this state, or relative to a subject of insurance resident, located, or to be performed in this state, without complying with the applicable provisions of this Code; (b) Section 626.611(7), Florida Statutes which provides that it is a violation to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance; (c) Section 626.611(8), Florida Statutes which provides that it is a violation to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment; (d) Section 626.621(2), Florida Statutes which provides that it is a violation of any provision of this Code or any law applicable to the business of insurance in the course of dealing under the licensure or appointment; (e) Section 626.621(6), Florida Statutes which provides that it is a violation in the conduct of business under the license or appointment, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under Part IX of this chapter, or having otherwise shown himself or herself to be a source of injury or loss to the public; (f) Section 626,9541(1)(a)1, Florida Statutes which provides that it is a violation to knowingly make, issue, circulate, or causing to be made, issued, or circulated any estimate, illustration, circular, statement, sales presentation, omission, or comparison which misrepresents the benefits, advantages, terms or conditions of any insurance policy; (g) Section 626.901(1), Florida Statutes which provides that no person shall, from offices or by personnel or facilities located in this state... directly or indirectly act as an agent for, or otherwise represent or aid on behalf of another, any insurer not being authorized to transact such business in this state. COUNT II 15. The above general allegations are hereby realleged and fully incorporated herein by reference. 16. On or about March 17, 2008, you, KRISTIN R. HOPKINS, as a licensed customer service representative, solicited T.D, of Pt. Charlotte to purchase a boat owners insurance policy issued by International Water Safety Foundation (IWSF). 17. You, KRISTIN R. HOPKINS, received from T.D. $2,450.00 as the initial premium payment on the policy. 18. At the time of your solicitation and sale of the International Water Safety Foundation (IWSF) policy to T.D., and at all times thereafter, International Water Safety (IWSF) was not authorized to transact insurance in Florida, and was not subject to any exception to the licensure requirement. You, KRISTIN R. HOPKINS, were clearly aware of or should have been aware of this fact, but failed to disclose this fact to T.D. 19. Based upon the misrepresentations and misstatements made by you, KRISTIN R. HOPKINS, T.D. unknowingly entered into an insurance policy with an unauthorized insurer, International Water Safety Foundation (IWSF). T.D. would not have purchased the policy but for the false and material misstatements. 20. T.D. failed to receive the requested insurance, and as result, she has incurred a financial loss, IT IS THEREFORE CHARGED that you, KRISTIN R. HOPKINS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your licenses and appointments: Sections 624.11(1); 626.611(7); 626.611(8); 626.621(2); 626,621(6); 626.9541(1)(a)1; and 626.901(1), Florida Statutes as more particularly alleged in Count I above. COUNT III 21. The above general allegations are hereby realleged and fully incorporated herein by reference. 22. On or about April 26, 2008, you, KRISTIN R. HOPKINS, as a licensed customer service representative, solicited G.F. of Punta Gorda, Florida to purchase a boat owners insurance policy issued by International Water Safety Foundation (IWSF). 23. You, KRISTIN R. HOPKINS, received from G.F. $1,825.00 as the initial premium payment on the policy. 24. At the time of your solicitation and sale of the International Water Safety Foundation ([WSF) policy to G.F., and at all times thereafter, International Water Safety (IWSF) was not authorized to transact insurance in Florida, and was not subject to any exception to the licensure requirement. You, KRISTIN R. HOPKINS, were clearly aware of or should have been aware of this fact, but failed to disclose this fact to G.F. 25. Based upon misrepresentations made by you, KRISTIN R. HOPKINS, G.F. entered into an insurance policy with an unauthorized insurer International Water Safety (IWSF). 26. G.F. failed to receive the requested insurance and as a result, he has incurred a financial loss. IT IS THEREFORE CHARGED that you, KRISTIN R. HOPKINS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your licenses and appointments: Sections 624.11(1); 626.611(7); 626.611(8); 626.621(2); 626.621(6); 626.9541(1)(a)1; and 626.901(1), Florida Statutes as more particularly alléged in Count I above. COUNT IV 27. The above general allegations are hereby realleged and fully incorporated herein by reference. 28. On or about July 18, 2007, you, KRISTIN R. HOPKINS, as a licensed customer service representative, solicited D.G. of Pt. Charlotte, Florida to purchase a boat owners insurance policy issued by International Water Safety Foundation (IWSF). 29, You, KRISTIN R. HOPKINS, received from D.G. $1,840.00 as the initial premium payment on the policy. 30. At the time of your solicitation and sale of the International Water Safety Foundation ([WSF) policy to D.G., and at all times thereafter, International Water Safety (WSF) was not authorized to transact insurance in Florida, and was not subject to any exception to the licensure requirement. You, KRISTIN R. HOPKINS, were clearly aware of or should have been aware of this fact, but failed to disclose this fact to D.G. 31. | Based upon misrepresentations made by you, KRISTIN R. HOPKINS, D.G. entered into an insurance policy with an unauthorized insurer, International Water Safety (WSF). 32. D.G. failed to receive the requested insurance and as a result, he has incurred a financial loss. IT IS THEREFORE CHARGED that you, KRISTIN R. HOPKINS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your licenses and appointments: Sections 624.11(1); 626.611(7); 626.611(8); 626.621(2); 626.621(6); 626.9541(1)(a)1; and 626.901(1), Florida Statutes as more particularly alleged in Count I above. . WHEREFORE, you, KRISTIN R. HOPKINS, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appointments as an insurance agent or to impose such penalties as may be provided under the provisions of Sections 626.611, 626.621, 626.681, 626.691, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department of Financial Services (“Department”) pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-106, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the 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"). (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. (4) A statement of when the respondent received notice of the administrative complaint. (e) A statement including the file number to the administrative complaint. If a hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. If a proceeding is requested and there is no dispute of material fact, the provisions of Section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in ° Tallahassee, Florida, or by telephonic conference call upon your request. However, if you dispute material facts which are the basis for the Department’s action, you must request an adversarial proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes. These proceedings are held before a State Administrative Law Judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. - Mediation of this matter pursuant to Section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department. DATED and SIGNED this Yep day 0 2011. ey. Gregory Thomas, Director ma. Agent & Agency Services a4 s att Ci} . a nnnet « eS oye | 10 CERTIFICATE OF SERVICE ' THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been ished by Electronic Mail to: Kristin R. Hopkins at jnkhopkins@yahoo.com this a ivy 2011. MES A. BOSSART, ESQ lepartment of Financial Services Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333 Tel.: (850) 413-4124 11 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: KRISTIN R. HOPKINS CASE NO.: 120127-11-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. 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. 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, 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 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.: 12

Docket for Case No: 13-000785PL