FILED _ NOV 1 6 2015 CHEE FINANCIAL OFFICER Docketed by SM. STATE OF FLORIDA IN THE MATTER OF: CASE NO. 170662-15-AG FRANCISCO C. DOSSANTOS / ee ADMINISTRATIVE COMPLAINT AREER ALIVE COMPLAINT TO: ‘Francisco C. Dossantos _ 22763 State Road 7 Boca Raton, FL 33428 e-mail: franciscosantos527@gmail.com Francisco C. Dossantos is 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 his activities while licensed as an insurance agent in this state, as a result of which it is alleged; | GENERAL ALLEGATIONS 1, Francisco C, Dossantos is currently licensed in the State as a general lines (2-20) insurance agent and is therefore required to “keep and make available to the department or office books, accounts, and records as will enable the department or office to determine whether such licensee is complying with the provisions of this code,” §626,561(2), Fla: Stat, 2. At all times pertinent to the dates and occurrences referred to in this Administrativé Complaint Francisco C. Dossantos was licensed as an insurance agent in this state. 3. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint Francisco C. Dossantos owned S.F. Seguros Corporation (“Seguros” or “the agency”), a Florida licensed insurance agency, serving as president of Seguros and as the agent in charge of the agency until February 2015, 4. At all times relevant to the dates and occurrences referenced herein and pursuant to section, 626.795, Florida Statutes, Francisco C, Dossantos was personally liable for any wrongful acts, misconduct, or violation of any provision of the Florida Insurance Code committed by him or anyone under his direct supervision and control while acting on behalf of the agency. 5, On June 3, 2003, an Order of Revocation was filed against Francisco C. Dossantos for his failure to respond to a five-count Administrative Complaint that was issued on January 23, 2003, wherein it was alleged that Dossantos made material misstatements on his application for licensure, failed to submit his business address, conducted insurance transactions in Florida while holding a non-resident license, failed to designate a primary agent and failed to remit a total of $1,989.91 in insurance premiums to The Hartford. . 6. On August 21, 2014, the Department issued a consent order directing Francisco C. Dossantos to pay an administrative penalty in the amount of $1,500.00 and to be placed on probation for one year. A condition of the probation was that Dossantos would strictly adhere to all provisions of the Florida Insurance Code and rules promulgated by the Department. 7. Pursuant to Rule 69B-231.160, Florida Administrative Code, the Department will seek to aggravate any license disciplinary penalty imposed in this matter, by reason of the above- listed prior disciplinary orders against Francisco C. Dossantos, 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 Dossantos’s insurance licenses and eligibility for licensure and appointment as well as that of the agency. COUNT COUNT] 9, The above General Allegations numbered one through eight are hereby realleged and fully incorporated herein by reference. 10, On September 24, 2012, Ms. Albina Hucochea Hernandez of Coral Springs, Florida, purchased what she believed to be a Progressive Insurance Company (“Progressive”) automobile insurance policy on her 1995 Honda from Francisco C, Dossantos. Francisco C. Dossantos presented Ms, Hernandez with a proof of insurance card ending with the numbers 51 P 51”), 11. Ms, Hernandez was charged $318,00 as a down payment on the policy. One month later Ms. Hernandez attempted to make an additional payment on the policy and then discovered that Progressive did not have her listed as an insured and that the Policy number that Francisco C. Dossantos placed on the automobile i insurance card did not belong to Progressive and was fraudulent, . 12, When Ms. Fernandez confronted Francisco C. Dossantos with the above information, Dossantos presented her with an additional fraudulent document, an invoice, listing “Adriatic” as the insurance company. 13. Francisco C. Dossantos knew or should have known that his appointment as a Progressive agent had been cancelled in J: anuary 2011. Dossantos failed to remit the Hernandez premium payment to any insurance company with whom he was appointed in September 2012. 14. The funds given to Dossantos by Ms, Hernandez represented a premium payment for an insurance policy which Francisco C, Dossantos failed to remit to Progressive or to any other company so entitled. 15. The above-mentioned funds are e trust funds that were received by Francisco Cc, Dossantos in a fiduciary capacity for an insurer, 16. Francisco C. Dossantos has converted, misappropriated, or wrongfully withheld those fiduciary funds, IT IS THEREFORE CHARGED that Francisco C, Dossantos has violated or is accountable under the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds for suspension or revocation of his license(s) or appointment(s) as an insurance agent in this state: (a) Section 626.561(1), Florida Statutes, which provides that all premiums, return premiums, or other funds belonging to insurers or others received by an agent, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto; (b) Section 626.61 1(5), 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 willfully misrepresent any insurance policy or annuity contract or to willfully deceive with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising; (c) 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; (dq) Section 626.61 1(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; () Section 626.611(10), Florida Statutes, which provides that it is a violation for any - applicant, agent, title agency, adjuster, customer Tepresentative, 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. COUNT TI 1 7. The above General Allegations numbered ‘one through eight are hereby realleged and fully incorporated herein by reference, 18. On June 5, 2014, Pedro H. Deliberais used his Visa debit card to pay the agency $710.00 to provide commercial general liability insurance coverage for his business, Pioto & Son Painting, LLC (“Pioto”). 19, On October 22, 2014, Mr. Deliberais provided Francisco C. Dossantos with'an additional debit card payment of $630.00 to add worker’s compensation coverage for Pioto. 20. Francisco C. Dossantos received these funds and deposited them into his business bank account, 21. The above-mentioned funds are trust funds that were received by Francisco C, Dossantos, in a fiduciary capacity for an insurer. 22. Francisco C. Dossantos has converted, misappropriated, or wrongfully withheld those fiduciary funds, 23. Francisco C. Dossantos failed to remit these funds on behalf of Mr. Deliberalis to Canopius or AM Trust or any other company or individual so entitled and failed to return the funds to Mr. Deliberais or otherwise account for the funds, As a result, Mr. Deliberalis was put at risk of losing insurance coverage and suffered a financial loss, IT IS THEREFORE CHARGED that Francisco C. Dossantos has violated or is accountable under the provisions of the Florida Statutes listed under Count I above, which constitutes sufficient grounds for suspension or revocation of his license(s) or appointment(s) as an insurance agent in this state, COUNT III 24, — The above General Allegations numbered one through eight are hereby realleged and fully incorporated herein by reference, 25. On October 16, 2014, Ms. Viviane Andrade gave Francisco C. Dossantos a down payment of $630.00 drawn on her checking account debit card for the purchase of worker’s compensation and commercial general liability insurance for her business, S.J, General Services, Inc. 26. Also on October 16, 2014, Francisco C. Dossantos gave Ms. Andrade a certificate of liability insurance dated October 16, 2014, showing that SJ . General Services, Inc. was covered for both worker’s compensation and commercial general liability insurance with Seneca Specialty Insurance Company (“Seneca”) for the commercial general Hability§ insurance and AW Trust Insurance Company (“AW”) for worker’s compensation coverage, 27. Ms. Andrade later discovered that there was no such company as AW. She never received a policy for either worker’s compensation or general liability insurance. The certificate numbers she was given by Francisco C, Dossantos for the “policies” were both fraudulent. 28. Ms. Carly Noel Bittlingmeyer, office manager for Hartzell Construction, received these fraudulent certificates from S.J. General Services, as a sub-contractor for Hartzell Construction. The fraudulent certificates had the potential of exposing Hartzell Construction to liability claims, 29. The above-mentioned funds are trust funds that were received by Francisco C, Dossantos in a fiduciary capacity for an insurer. 30. Francisco C. Dossantos has converted, misappropriated, or wrongfully withheld. those fiduciary funds, ; 31. Francisco C. Dossantos failed to remit the Ms. Andrade’s funds on behalf of any . insurance company or individual so entitled and failed to return the funds to Ms. Andrade or otherwise account for the funds. As a result, Mr. Deliberalis was put at risk of losing insurance coverage and she suffered a financial loss, IT IS THEREFORE CHARGED that Francisco C. Dossantos has violated or is accountable under the provisions of the Florida Statutes listed under Count I above, which constitutes sufficient grounds for suspension or revocation of his license(s) or appointment(s) as an insurance agent in this state, COUNT IV 32. The above General Allegations numbered one through eight are hereby realleged and fully incorporated herein by reference. 33. On.November 5, 2014, Department Regional Administrator Chris McGuire and Investigator Mispa “Missy” Garcia-Cooper conducted an inspection of the Seguros agency located at 22763 State Road 7, Boca Raton, FL 33428, 34. The inspection was precipitated by a consumer complaint alleging that Francisco C. Dossantos misappropriated the consumer’s auto insurance premium and issued her a fraudulent insurance card. 35, When asked by a Department investigator where insurance files were located, Francisco C, Dossantos advised that the agency was paperless and the records were all stored on a computer. Mr, Dossantos also stated it was too time consuming to:produce the insurance files, 36, The Department investigators then requested that Francisco C, Dossantos provide them with printouts of three receipt reports for September 2012, September 2014 and October 2014, 37, After reviewing the receipt reports, the investigators requested Francisco C, Dossantos, provide them with applications and declarations pages for the thirty-five customers listed on the receipts report within a week. You agreed to so comply, 38. A month later, on December 3, 2014, Mr, McGuire returned to the agency to retrieve the agency documents. Upon review, it was apparent that the records provided were incomplete, For example, no records were provided for twelve of the thirty-five customers, those being records for consumers: Lucas Araujo, Sergio Coelho, Maximo Jarrin, Jimenez Construction Plus, Stone & Design Services, Inc, Two Brothers Flooring, Inc, MA Painting d/b/a Milton Cordeiro, Andre Prati, SJ General Services, Askk Net, Padua Enterprises and Patricia Marques, 39. The documents that were provided were missing declarations pages for the following insured: Smoke Tile Services, Camilo Araujo, Art Stone Granite Experts LLC, MDA General Services, Inc, Pioto & Son Painting, PO Services Management, Inc, Reginaldo F elix, H&S Construction Group, Maria Infante, Innovation Ramirez Painting, Marta Miller, Elisabeth Nogueira, Silvana Rodrigues, Angelo Lagastikal and Walles Construction, 40. On Decernber 12, 2014, Mr, McGuire sent a priority letter requesting that ‘Francisco C, Dossantos Provide the missing documents within ten working days, 41. On December 23, 2014, Ms Dossantos’s attorney, Lisa Daniels, advised Department investigators by e-mail that the records would be produced on January 19, 2015. 42. On January 16, 2015, attorney Lisa Daniels requested an extension until January 30, 2015, to produce the documents, She also advised that Mr, Dossantos would be represented by Attorney Yelena Shneyderman as to this matter, 43, On January 23, 2015, Mr. McGuire and Ms. Garcia-Cooper returned to the Seguros agency and served an investigative subpoena on Francisco C, Dossantos, Mr. Dossantos provided some documents pursuant to the subpoena, but not a complete set. For example, Mr. Dossantos provided copies of declaration pages with United Property & Casualty Insurance Company for Smoke Tile Services, Camilo Araujo and Maria Infante. Copies of commercial policies for Andre Prati and Two Brothers Flooring were also provided. 44, Inthe case of Two Brothers Flooring, Department investigators noted that the consumer paid the premitim on September 30, 2014, but the policy was not bound until December 29, 2014, nearly three months later, When questioned about this, Francisco C. Dossantos faulted the company underwriter. 45. Mr. McGuire and Ms, Garcia-Cooper then spoke via telephone with attorney Yelena Shneyderman. Ms. Shneyderman advised them that the remaining records would be provided by close of business on January 23, 2015. . 46. On January 26, 201 5, attomey Shneyderman sent a letter along with some additional documents to Investigator Garcia-Cooper. The documents included policies for Lucas Araujo (auto policy issued by Security National Insurance Company), Sergio Coelho, Maximo Jarrin, Jimenez Construction and Padua Enterprises. The remaining documents for Stone & Design Services, MA Painting d/b/a Milton Cordeiro, SJ General Services, Askk Net and Patricia Marques were not provided. 47, On February 10, 2015, Attorney Shneyderman sent another letter wherein she admitted that the policies for Askk Net and Patricia Marques were never bound by agent Dossantos and the premiums were refunded to the consumers, Additionally, Department investigators noted that the policy for Pioto & Son Painting was placed with Seneca Specialty Insurance Company, and the effective date was changed to February 2, 2015, eight months later, The insured maintains that the signature on the application was forged. 48. In order to obtain at least some of the documents, the Department was forced to 49. On August 13, 2015, the court entered a final judgment directing Francisco C. Dossantos to produce the subpoenaed records by August 28, 201 5, failing which Mr. Dossantos would be held in contempt of court and subject fo license revocation, 50. On August 27, 2015, Mr. Dossantos’s attorney, Scott W, Sakin, produced additional records eight months after the Department issued its subpoena, (a) Sections 624,317 and 624.318, Florida Statutes, which provide that the Department is required to conduct examinations of the records of insurance agents or insurance agencies if it has reason to believe that any person has violated or is violating any provision of the Florida Insurance Code, or upon the written complaint signed by any interested person indicating that any such violation may exist, Every person being examined ig required to make freely available to the Department or its investigators the accounts, records, documents, files, information, assets, and matters in their Possession or control relating to the subject of the examination or investigation; (b) Section 624,321 (1)(b), Florida Statutes, which provides that a licensee is required to produce books, Papers, records, files, correspondence, documents, or other evidence which is relevant to an inquiry conducted by the Department; (c) ’ Section 626.601(2), Florida Statutes, which provides that it is a violation for a licensee not to cause his or her books and records to be open for inspection for the purpose of such inquiries; . () — Section 626.611(7), Florida Statutes (2012), 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; (e) 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, . WHEREFORE, Francisco C. Dossantos is hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking his 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. Mr. Dossantos is further notified that any order in this case revoking or suspending any license or eligibility for licensure held by him shall also.apply to all other licenses and eligibility held by him under the Florida Insurance Code. . DATED and SIGNED this lov day of. _Mavember 2015, _OQs22 Greg Thomas Director, Agent and Agency Services 11 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 chapter 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 a petition fot an administrative hearing are required, 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 32399-0333. 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, 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, telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent"). - (6) The name, address, telephone number, and facsimile number of the attorney or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made, 12 {c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate, (@)__-A statement of when the respondent received notice of the administrative complaint. ' (©) _ 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 an administrative law judge of the State of Florida 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 “13 administrative proceeding received before 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 during the time frame in which you have to request a hearing. . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint and Election of Proceeding has been furnished by Certified Mail to: Francisco Cc. Dossantos, 22763 State Road 7, Boca Raton, FL 33428 and by e-mail: franciscosantos527@gmail.com this lo” day of No yem ber » 2015. DAVID J. BUS es ll Department of Financial Services Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4146 14 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES - DIVISION OF LEGAL SERVICES IN THE MATTER OF: CASE NO. 170662-15-AG FRANCISCO C, DOSSANTOS / : ELECTION OF PROCEEDING " T 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, 1 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 appropriate. 2, T 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. 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 to this election form his or her name, address, telephone and fax numbers Fax No.: Email: 15

Docket for Case No: 15-007082PL