Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: JAMIE S. ZINK
Judges: LISA SHEARER NELSON
Agency: Department of Financial Services
Locations: Ocala, Florida
Filed: May 16, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 28, 2014.
Latest Update: Dec. 25, 2024
FILED
4 JAN 222014
CHIRP FINANCIAL OFFICER
TEER ATWATER Docketedby__ UL.
IN THE MATTER OF:
JAMIE §. ZINK CASE NO.: 130544-14-AG
ADMINISTRATIVE COMPLAINT
TO: JAMIES. ZINK
140 NE 51" Avenue
Ocala, Florida 34470
JAMIE S. ZINK
6035 SW 54™ Street #101
* Ocala, Florida 34474
YOU, JAMIE §, ZINK, are hereby notified that the Chief Financial Officer of the State
of Florida (“the Department”) 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, JAMIE S. ZINK, are currently
licensed in this state as a Life, including Variable Annuity agent.
2. At all times pertinent to the dates and occurrence referred to herein, you, JAMIE
S. ZINK, were licensed in this state as an insurance agent.
3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial
Services has jurisdiction over your insurance licenses and appointments.
4. At no time relevant to the allegations of this complaint, was Michael Smorch
licensed to solicit insurance in this state pursuant to Section 626.112, Florida Statutes.
5. For all of the relevant periods of time covered below, you, JAMIE S. ZINK, were
an officer and director of Smorch International, Inc, an incorporated insurance agency doing
business in Ocala, Florida. At no time relevant to the allegations of this complaint was Smorch
International, Inc. licensed in this state as an insurance agency pursuant to Sections
626.1 12(7)(a), and 626.172, Florida Statutes. -
6. Atall times pertinent to the allegations of this complaint, you, JAMIE S. ZINK, ©
as officer and director of the agency, were personally and fully liable and accountable for any
wrongful acts, misconduct, or violations of any provisions of the Florida Insurance Code
committed by you or by any person under your direct supervision and control while acting on
behalf of the corporation pursuant to Section 626.734, Florida Statutes.
COUNT I
7. The above General Allegations are hereby realleged and fully incorporated herein
by reference.
8. You, JAMIE S. ZINK, on behalf of the corporation, Smorch International, Inc.
solicited the sale of eleven annuities to Florida insurance consumers, The annuities were issued
by Jackson National Life Insurance Company. At no time pertinent to the dates and occurrences
referred to herein was the agency licensed by this Department or authorized to transact insurance
in this state on behalf of Jackson National.
9. Eleven annuity applications were signed by Michael Smorch as the agent of ;
record on behalf of Smorch International. At no time was Michael Smorch licensed in this state
as an insurance agent. The applications misrepresented that they were entered into in Michigan,
where Michael Smorch was a licensed agent, even though the contracts were actually entered
into in Florida, This was done solely to evade Florida’s licensure requirements of Sections
626.112 and 626.172, Florida Statutes.
10. You, JAMIE S. ZINK, knowingly allowed Michael Smorch to hold himself out to
the insurance buying public as a Florida insurance agent and allowed Smorch International, Inc.
to hold itself out as a Florida licensed insurance agency, all without benefit of licensure and in
violation of Sections 626.112(1)(a) and (b) and (7)(a), and 626.172, Florida Statutes.
11. You, JAMIE S. ZINK, were aware of of certainly should have been aware of the
above mentioned facts.
IT IS THEREFORE CHARGED that you, JAMIE S. ZINK, have violated or are.
- accountable under the following provisions of the Florida Insurance Code and Rules of the
Florida Department of Financial Services which constitute grounds for the suspension or
revocation of your license and eligibility for licensure asa maneging general agent:
(a) Section 626.112(1)(a), Florida Statutes, which provides that no person may be, act
as, or advertise or hold herself out to be an insurance agent or customer service representative
unless she is currently licensed by the department and appointed by an appropriate entity or
person;
(b) Section 626,112(1(b), Florida Statutes, which provides that except as provided in
subsection (6) or in applicable department rules, and in addition to other conduct described in
this chapter with respect to particular types of agents, a license as an insurance agent, service
representative, customer representative, or limited customer representative is required in order to
engage in the solicitation of insurance;
(c) Section 626.112(7)(a), Florida Statutes, which provides that no entity shall act
directly or indirectly as an insurance agency unless it complies with Section 626.172, with
respect to possessing and insurance agency license.
(4) _ 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;
(e) Section 626.611(13), Florida Statutes, which provides that itis a violation to
willfully fail to comply with, or willfully violate any proper order or rule of the department or
. willful violation of any provision of this code;
(f) Section 626.621(2), Florida Statutes, which provides that it is a violation to
willfully fail to comply with any provision of this code or any other law applicable to the
business of insurance in the course of dealing under the license or permit,
(g) 626.621(12), Florida Statutes, which provides that it is a violation 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.
WHEREFORE, you, JAMIE S. ZINK, are hereby notified that the Chief Financial
Officer of the State of Florida, 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 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 resporise on the twenty-first day will not preserve your right to a hearing.
FAILURE TO ENSURE 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 CEASE AND
DESIST ORDER SHALL 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). Your name, address, and telephone number, and facsimile number (if any).
(b) The name, address, telephone number, facsimile number of your attorney of
qualified representative (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 this Administrative
Complaint.
(ce) Astatement 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 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 this 2.2" day of“ Oun wouryy 2014.
Gregory Thomas
Director, Agent & Agency Services
CERTIFICATE OF E
I HEREBY CERTIFY that a copy of the foregoing Administrative Complaint was sent by
Electronic Mail and/or U. S. Certified Mail to: Jamie S. Zink at
. Jamie@smorchinternational.com , 140 NE 51" Avenue, Ocala, Florida 34470; JAMIE S. ZINK,
6035 SW 54™ Street #101, Ocala, Florida 34474 this 22" day of Sonvery 2014.
612 Larson Building
Tallahassee, FL 32399-0333
(850) 413-4124
Florida Bar No. 374598
Attorney for the Department
Docket for Case No: 14-002311PL