FILED Ve Docketed by__ FY) CHIEF FINANCIAL OFFICER JEFF ATWATER STATE OF FLORIDA. - O4S4PL IN THE MATTER OF: CASE NO.: 140169-13-AG CASH ROBERT BROWN / ADMINISTRATIVE COMPLAINT CASH ROBERT BROWN 99B South Federal Highway Boca Raton, Florida 33432 You, CASH ROBERT BROWN, license I.D. # A032709, are hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of your activities while authorized as an instructor and school official and as an insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS. 1. Pursuant to Chapter 626, Florida Statutes, and Chapter 69B-227, Fla. Admin. Code, you, CASH ROBERT BROWN, are authorized in this state to act as an instructor and a school official. 2. At all times pertinent to the dates and occurrences referred to herein, you, CASH ROBERT BROWN, were authorized in this state to act as an instructor and a school official. 3. You, CASH ROBERT BROWN, are currently licensed in this state as a life including variable annuity and health agent. 4. At all times pertinent to the dates and occurrences referred to herein, you, CASH ROBERT BROWN, were licensed in this state as a life including variable annuity and health agent. 5. You, CASH ROBERT BROWN, are the owner of Cash Brown’s School of Insurance (“School of Insurance”). 6. School of Insurance is approved by the Florida Department of Financial Services (“Department”) as a course provider. 7. At all times pertinent to the dates and occurrences referred to herein, you, CASH ROBERT BROWN, were the owner of School of Insurance. 8. Pursuant to Sections 624.307, 626.2817 and 626.732, Florida Statutes, and Chapter 69B-227, Fla. Admin. Code, the Department has jurisdiction over your authorizations and your eligibility for authorization. 9. Pursuant to Chapter 626, Florida Statutes, the Department has jurisdiction over your authorizations and your eligibility for authorization. COUNT I 10. The above general allegations are hereby realleged and fully incorporated herein by reference, 11. On or around July of 2012 and December of 2012, you, CASH ROBERT BROWN, purchased the Florida Life, Health and Variable Annuity Study Manual (“Manual”), published by the Florida Association of Insurance and Financial Advisors, from Amazon.com. 12. The Manual you, CASH ROBERT BROWN, purchased was the 23" edition. 13. R.G., of Ft. Lauderdale, Florida, was a student at School of Insurance. 14.) On or around May 18, 2013, prior to R.G.’s classes, you, CASH ROBERT BROWN, provided the Manual to R.G._ 15. | However, you, CASH ROBERT BROWN, replaced the Manual’s cover with your own cover, which read, with emphasis added: . The Cash Brown School of Insurance Florida Life, Health and Variable Annuity Study Manual 16. Additionally, you, CASH ROBERT BROWN, removed any index or identifying publication information from the Manual. | 17. | When you, CASH ROBERT BROWN, purchased the Manual from Amazon.com, the 23 edition was not the most recent version of the Manual available for sale. 18. | When you, CASH ROBERT BROWN, purchased the Manual from Amazon.com, a 26" edition was the most recent version of the Manual avaiable for sale. 19. | When you, CASH ROBERT BROWN, provided the Manual to R.G., a 27" edition was the most recent version of the Manual avaiable for sale. IT IS THEREFORE CHARGED that you, CASH ROBERT BROWN, have violated one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds for the revocation or suspension of your authorization as an instructor and sufficient grounds for the revocation and/or disqualification of your authorization as a school official, and sufficient grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Rule 69B-227.260, Fla. Admin. Code, states, “each school official shail, prior to the commencement of a qualification course or training program class furnish to each student the name and distributor location of current study manual(s) prepared for the Department through contract entered into in accordance with Chapter 287, Florida Statutes, and verify the first day of class that each student has a copy of the latest edition of the approved study manual(s). . . Study manuals are required for the following: ... (3) Life, Health, and Variable Annuity Agent ‘including Administrative Agent, life only agent and health only agent.” (b) Rule 69B-227.310(4), Fla. Admin. Code, which provides that the Department shall suspend or revoke the authority to instruct or deny the approval of an instructor, speaker, lecturer, or monitor if the Department finds a violation of any provision of Section 626.611 or 626.621, Florida Statutes, or any subsection of Chapter 69B-227. (c) 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. (d) 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. (e) Section 626.621(3), Florida Statutes, which provides that violating any lawful order or rule of the department, commission, or office is, in itself, a violation of law. ® Rule 69B-227.150(8), Fla. Admin. Code, which provides that a person shall be disqualified from serving as a school official if they have violated any provision of Chapter 69B- 227, Fla. Admin. Code. WHEREFORE, you, CASH ROBERT BROWN, are hereby notified that the Chief Financial Officer, through his designee, intends to enter an Order suspending or revoking your authorization as an instructor and revoking and/or disqualifying your authorization as a school official or to impose such penalties as may be provided under the provisions of Chapter 69B-227, Fla. Admin. Code, Section 626.2817, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint, and 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, DFS 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 wil] not preserve your right to a hearing. FAILURE TO ENSURE THAT YOUR WRITTEN RESPONSE IS RECEIVED BY THE DEPARTMENT 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 A FINAL 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. 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 of 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 free form 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 ijt day of De LX Vorx , 2013. ‘te Gregory Thomas Director, Agent & 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: CASH ROBERT BROWN, at 99B South Federal Highway, Boca Raton, Florida 33432, by Certified Mail this Ht day of Decombeoxr _, 2013. Robert Alan Fox Senior Attorney Department of Financial Services Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICE? IN THE MATTER OF: CASH ROBERT BROWN CASE NO.: 140169-13-AG ELECTION OF PROCEEDING Thave 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 J understand my options. I am requesting disposition of this matter as indicated below. (CHOOSE ONE) 1] 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. : 2. I do not dispute any of the Department's factual allegations and | 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 1] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or {] Attend that same hearing by way of a telephone conference call. 3.[} 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 fo this election form his or her name, address, telephone and fax numbers Fax No.: 9

Docket for Case No: 14-000434PL