FILED OCT 26 2nig Docketed by CHIEF FINANCIAL OFFICER JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: RICHARD LYDECKER CASE NO.: 193332-16-AG . / . ADMINISTRATIVE COMPLAINT TO: RICHARD LYDECKER 1221 BRICKELL AVE 19THFLOOR MIAMI, FLORIDA 33131 Richard Lydecker is hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of his activities while approved as a continuing education course provider in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to chapter 626, Florida Statutes (2016), Richard Lydecker (the “Respondent”) was approved to offer, instruct, and officiate continuing education programs for insurance field representatives and insurance agency operations in the State of Florida, provider number 367610. 2. Pursuant to section 626.2816, Florida Statutes, the Florida Department of Financial Services (the “Department”), has authority over the regulation and enforcement of continuing | education courses and has jurisdiction over Respondent’s activities as a continuing education course provider. COUNT I 3. The above general allegations are hereby realleged and fully incorporated herein by reference. 4. On or about March 25, 2016, the Department conducted an audit of course offering 1043148 for course 95875 entitled GENERAL FLORIDA PIP CLAIMS HANDLING RECOMMENDATIONS presented by the Respondent (“course offering 1043148”). 5 . Per the Department’s records, the approved instructor for course offering 1043148 was Richard Lydecker, personally. During the audit the Department discovered Michael Longo was instructing course offering 1043148. Michael Longo was not approved by the Department as an instructor for course offering 1043148. 6. Before beginning the presentation of the course, the Respondent provided students with course syllabus which failed to include the times and dates of the course offering and the address and telephone number of the sponsoring course provider. 7. After beginning the presentation of the course, the Respondent distributed a sign- in sheet and instructed students to sign their name. The Respondent failed to ask students for a form of identification before beginning the course and distributing the sign-in sheet. 8. During the presentation of the course, the Respondent permitted students to use | cellular phones for uses other than the taking of class notes or for the completion of mathematical exercises. . 9. . The Respondent failed to follow the course outline approved by the Department by omitting twelve sections of the approved course outline during presentation of course offering 1043148, 10. The Respondent began course offering 1043148 at 11:45 AM and concluded the course at 1:50 PM. The Respondent incorporated a break during course offering 1043148 from 12:48 PM until 1:05 PM during which no course material was taught. Course offering 1043148 is - registered as a two credit hour course. IT IS THEREFORE CHARGED that Respondent has violated or is accountable under the following provisions of the Florida Insurance Code and Rules of the Department which constitutes grounds for disciplinary action against Respondent as an approved continuing education course . provider: (a) Rule 69B-228.090(1)(a)4, Florida Administrative Code, which provides requests for changes to approved course offerings shall be in writing and approved by the Department prior to the beginning of the class or seminar offering. (b) Rule 69B-228.090(1)(f), Florida Administrative Code, which provides students shall be provided witha syllabus containing the times and dates of the course offering and- the name, address, and telephone number of the sponsoring course provider. (c) Rule 69B-228.090(4)(a), Florida Administrative Code, which provides education providers shall verify the identity of each student in attendance by a student’s photo ID license or driver’s license, (d) Rule 69B-228.160(2), Florida Administrative Code, which prohibits conducting a course for less than the amount of time stated within the approved course registration. (ce) Rule 69B-228.210(6)(d), Florida Administrative Code, which provides a $500 penalty for instruction of a class by an unapproved instructor, (f) Rule 69B-228.210(6)(g), Florida Administrative Code, which provides continuing education providers must only instruct courses using approved course outlines and materials. (g) Rule 69B-228.210(6)(i), Florida Administrative Code, which provides the first violation of continuing education requirements yields a $250 fine per violation and a $500 fine for every subsequent violation, (h) Section 626. 2816(2), Florida Statutes, which provides that the Department shall adopt rules establishing standards for the approval, regulation, and operation of the continuing education programs and for the discipline of licensees, course Providers, instructors, school officials, and monitor groups. COUNT II li. — The above general allegations are hereby realleged and fully incorporated heréin by reference. 12. The Respondent was approved to instruct course 80766, entitled AVOIDIN GBAD FAITH CLAIMS (“course 80766”). Course 80766 was approved as a four credit hour course. 13. On or about April 12, 2016, the Respondent submitted registration to the Department for course offering 1046177 for course 80766 and thereafter conducted the course on April 27, 2016. The Respondent failed to submit the course offering for course 80766 to the Department 30 days prior to the first day of class, 14. On or about April 26, 2016, the Respondent submitted registration to the Department for course offering 1046686 for course 80766 and thereafter conducted the course on May. 10, 2016. The Respondent failed to submit the course offering for course 80766 to the Department 30 days Prior to the first day of class. 15. Onor about May 6, 2016, the Respondent submitted registration to the Department for course offering 1047410 for course 80766 and thereafter conducted the course on May 25, 2016. The Respondent failed to submit the course offering for course 80766 to the Department 30 days prior to the first day of class. 16. The Department submitted an official records request to the Respondent requesting course records of the following course offerings for course 80766: (a) Course offering 1046177 (b) Course offering 1046686 (c) Course offering 1047410 17. A review of the Respondent’s records revealed that the Respondent instructed each of the above mentioned course offerings for two hours. Further, on or about May 25, 2016, the Department received an e-mail from the Respondent stating that each of the above mentioned course offerings had been instructed for two hours. Course 80766 is registered as a four credit hour course. 18. The Respondent’s records also revealed that 39 certificates of completion had been issued to students who attended course offering 1047410, course offering 1046686, and course offering 1046177. The certificates of completion awarded students four credit hours for completing course 80766. The Respondent’s records indicate course offerings for course 80766. were instructed for two hours. 19. The Respondent submitted rosters to the Department containing the names of 39 students purporting to have successfully completed course 80766 as a four credit hour course. The Respondent’s records indicate course offerings for course 80766 were only instructed for two hours. IT IS THEREFORE CHARGED that Respondent has violated or is accountable under the following provisions of the Florida Insurance Code and Rules of the Department which constitutes grounds for disciplinary action against Respondent as an approved continuing education course provider: (a) Rule 69B-228.090(1)(a)(1), Florida Administrative Code, which. provides a completed Schedule of Course Offerings form shall be received and approved by the Department 30 days prior to the first day of the class. (b) — Rule 69B-228.090(1)(a)4, Florida Administrative Code, which provides requests for changes to approved course offerings shall be in writing and approved by the Department prior to the beginning of the class or seminar offering. (c) Rule 69B-228.160(2), Florida Administrative Code, which prohibits conducting a course for less than the amount of time stated within the approved course registration. (d) —_ Rule 69B-228.090(4)(b), Florida Administrative Code, which provides a roster submitted to the Department that includes the name of a licensee who was not in attendance shall be grounds for administrative action by the Department. (e) Rule 69B-228.100(2)(b), Florida Administrative Code, which prohibits continuing education course providers from issuing certificates of completion to students who do not attend or complete the entire continuing education course. . (69) Rule 69B-228.160(4), Florida Administrative Code, which Prohibits the falsification of any course completion record or other document related to continuing education courses. (g) Rule 69B-228.210(6), Florida Administrative Code, which provides the first violation of continuing education requirements yields a $250 fine per violation and a $500 fine for every subsequent violation and a $1,000 fine for the falsification of any document or information related to a continuing education course. (h) — Section 626.2816(2), Florida Statutes, which provides that the Department shall adopt rules establishing standards for the approval, regulation, and operation of the continuing education programs and for the discipline of licensees, course providers, instructors, school officials, and monitor groups. WHEREFORE, the Respondent, RICHARD LYDECKER, is hereby notified that the Chief Financial Officer intends to enter an Order imposing one or more of the following penalties: | withdrawal approval of courses offered by the Respondent, imposition of administrative fines, issuance of reprimand, assessment of costs related to the investigation, or imposition of such penalties as may be provided under the provisions of sections 626.2815, 626.869(5), 648.385, and 648.386, Florida Statutes, and under the other referenced sections of the Florida Statutes and Rules of the Department as set out in this Administrative Complaint. DATED and SIGNED ang day of Ondbor 2016. Gregory Thomas Director, Agent & Agency Services 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 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 Gf any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent"). (b) Thename, 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 inchiding the file number to the administrative complaint. If a hearing of any type is requested, you have the tight 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. Ifa 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. 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 shail 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. 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 Richard Lydecker, at 1221 Brickell ie Ave., 19th FL, Miami, Florida, 33131 by Certified Mail thisdh day of 2 » 2016. 4 Pip : Jéf Baumann epartment of Financial Services Office of the General Counsel 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4114 a 7ub8 367% 3 au 7209 75% 7 10 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES OFFICE OF THE GENERAL COUNSEL IN THE MATTER OF: CASE NO.: 193332-16-AG RICHARD LYDECKER 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 J understand my options. | 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 as may be appropriate. 2. 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 [1 Attend that same hearing by way of telephone conference call. 3. [J I do dispute one or more of the Department's factual allegations. Thereby 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.: 11 Baumann, Jett From: Onier Llopiz Sent: Thursday, December 01, 2016 4:01 PM To: Baumann, Jett Subject: RE: 193332-16-AG LYDECKER, Richard: Lydecker Yes, we agree to waive the 15-day referral requirement. Onier Llopiz | Partner T 305 416 3180 D305 4165068 W www. lydeckerdiaz.com Lydecker | Diaz | 1221 Brickell Avenue, 19th Floor | Miami, FL 33131 LYDECKER | Diaz The information contained in this electronic mail transmission is intended by Lydecker | Diaz for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential, It is not intended for transmission to, or receipt by, anyone other than the named addressee. It should not be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply email or by calling Lydecker | Diaz at (305) 416-3180, so that our address record can be corrected. From: Baumann, Jett [mailto:Jett.Baumann@myfloridacfo.com] Sent: Thursday, December 1, 2016 3:54 PM To: Onier Llopiz Subject: RE: Lydecker Onier: Have you had an opportunity to review the proposed settlement stipulation? If you are unable to discuss settlement further today could you please send me an email waiving the 15 day DOAH referral timeline? Thank you, Jett Baumann Assistant General Counsel Department of Financial Services Office of the General Counsel 200 E. Gaines Street Tallahassee, FL 32399 Phone Number: (850) 413-4114 Fax Number: (850) 487-4907 PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. CONFIDENTIALITY NOTICE: This document, including any attachments is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this document and are not the intended recipient, please contact the sender and destroy alt copies of the original. This communication does not create an attorney-client relationship if the recipient is not already a client.

Docket for Case No: 17-000626PL

Issue Date	Proceedings
Feb. 08, 2017	Order Granting Motion to Amend Administrative Complaint, Closing File, and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 07, 2017	Joint Motion to Amend Administrative Complaint and Relinquish Jurisdiction filed.
Feb. 06, 2017	Joint Response to Initial Order filed.
Jan. 27, 2017	Initial Order.
Jan. 26, 2017	Election of Proceeding filed.
Jan. 26, 2017	Petition for Formal Administrative Hearing filed.
Jan. 26, 2017	Administrative Complaint filed.
Jan. 26, 2017	Agency referral filed.