de wl lawn li stelle a al lie fl FILED JAN 21 2000 THE TREASURER OF THE STATE OF FLORIDA INSURANCE OMMISSIONER ow AL . . DEPARTMENT OF INSURANCE _ BILL NELSON (X0-010S IN THE MATTER OF: ; CASE NO.: 28950-99-FM PREFERRED FIRE PROTECTION, INC., ; and JAMES DERALD MCMANAMA, as qualifier. ADMINISTRATIVE COMPLAINT TO: JAMES DERALD MCMANAMA 2820 Michigan Avenue Suite Kissimmee, Florida 34744 JAMES DERALD MCMANAMA 823 Poplarwood Lane Kissimmee, Florida 34743 PREFERRED FIRE PROTECTION, INC. 2820 Michigan Avenue Suite F ; ; fl id 34744 os Kissi ~ You, PREFERRED FIRE PROTECTION, INC. and “A JAMES DERALD _.MCMANAMA are hereby notifi ed that the Insurance Commissioner of the State of Florida in ‘has capacity as State Fire Marshal has caused to be made : an investigation of a result of which it is alleged: — GENERAL ALLEGATIONS 1. Pursuant to Chapter 633, Florida Statutes, you, JAMES DERALD MCMANAMA, are currently licensed in this state as a Class 07 03 Fire Extinguisher Permittee and are the licensed qualifier for PREFERRED FIRE PROTECTION, INC. 2. Pursuant to Chapter 633, Florida Statutes, you, PREFERRED FIRE PROTECTION, INC., are currently licensed in this state as a Class 07 03 Fire Extinguisher Dealer, with you, JAMES DERALD MCMANAMA, as the licensed qualifier. 3. Pursuant to Chapter 633, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance license and appointments. COUNT I 4. The above general allegations are hereby realleged and fully incorporated herein by reference. ; 5. On or about June 19, 1987, in the Seventeenth Judicial Circuit of Florida, in Broward County, you, JAMES DERALD MCMANAMA, entered a plea of guilty three felonies, to wit: trafficking in cocaine, conspiracy to traffic in cocaine, conspiracy to traffic in cannabis. You, JAMES DERALD MCMANAMA, were adjudicated guilty of the three felonies and were sentenced to five (5) years in state prison. 6. On or about November 25, 1998, you, JAMES DERALD MCMANAMA, as “the qualifying individual did swear to and sign a Fire Extinguisher Dealer license application for PREFERRED FIRE PROTECTION, INC. On the aforementioned application, you, JAMES DERALD MCMANAMA, = while under oath, did answer in the aff rmative question seventeen 17) of the rambles watlle oh GMB oes: application, which asked “Have you evar bean convicted or pled nolo contendere toa felony?” 8. On the aforementioned application, you, JAMES DERALD MCMANAMA, while under oath, did answer in the affirmative in response to the question: "If the answer to #17 above is yes, have you been pardoned or have your civil rights restored? 9. On the aforementioned application, you, JAMES DERALD MCMANAMA, in your answer to the question referenced in paragraph 8, above, knew or should have known that your response to said question was false and a material misrepresentation of fact, based upon your having not been pardoned or had your civil rights restored after having been convicted of felony charges. 10. Relying, in part, on your sworn statement that you had been convicted or pled nolo contendere to a felony, but had been pardoned or had your civil rights restored, the Department did license you, PREFERRED FIRE PROTECTION, INC., as a Fire Extinguisher Dealer, and you, JAMES DERALD MCMANAMA, as a Fire Extinguisher Permittee a and qualifying individual. T 1S THERE! 3GE! ERALD MCMANAMA.- and PREFERRED FIRE PROTECTION, INC., have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and appointments: . / . _@ A license of any class shall not be issued or renewed by the State Fire Marshal and a license of any ‘class shall not r remain n operative unless: _AS a not have been convicted os nonrenewal, ‘revocation, or suspension oF a license or permit by the State Fire Marshal if . she 0 or ‘he determines that the licensee or permittee has: -@) Made a material oo DERALD MCMANAMA, are hereby notified that the Treasurer and Insurance * 3 'w) | | U of, or pled nolo contendere to, ‘any felony. If an applicant has been convicted of any such felony, the applicant must comply with s. 112.011(1)(b). [Section - 633.061(3)(c)6.c., Florida Statutes]; (b) The violation of any provision of this chapter or any rule adopted and promulgated pursuant hereto or the failure or refusal to comply with any notice or order to correct a violation or any cease and desist order by any person who possesses a license or permit issued pursuant to s. 633.061 is cause for denial, nonrenewal, revocation, or suspension of such license or permit by the State Fire Marshal after such officer has determined that the person is guilty of such violation. [Section 633.162(1), Florida Statutes]; (c) In addition to the grounds set forth in subsection (1), it is cause for denial, nonrenewal, revocation, or suspension of a license o or F permit by the State Fire Marshal if she or he sd ermi Af) Failed to obtain, retain, or maintain one ort more e of the qua cations for: a license o or + permit as specifi ied in this chapter. [Section 633. 162(4)(f), Florida Statutes}, (d) In addition to the grounds set forth i in subsection (1), it is cause for denial, Gia : misstatement, mistepresentation or committed a fraud i in n obtaining o or r attempting to obtain a license ¢ or permit. [Section 633. 162(4)(Q), Florida Statutes}; WHEREFORE, you, PREFERRED FIRE PROTECTION, INC. and JAMES Commissioner in his capacity as State Fire Marshal intends to enter an Order Y VU 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 633.061, 633.162, 633.163, and 633.167, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. NOTICE OF RIGHTS Pursuant to Sections 120.569 and 120.57, Florida Statutes and Rule 28-1 06, Florida Administrative Code (F.A.C.), you have a right to request a proceeding to contest this action by the Department. You may elect a proceeding by completing the attached Election of Rights form or filing a Petition. Your Petition or Election of a proceeding must be in writing and must be filed with the General Counsel acting as the Agency Clerk, Department of Insurance. If served by U.S. Mail the Petition or Election should be addressed to the Florida Department of Insurance at 612 Larson Building, Tallahassee, Florida 32399-0333, tf Express Mail or hand delivery is utilized, the Petition or Election should be delivered to 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0300. The Petition or Election must be received by, and _. filed in the Pepariment within 1 Ewenty-one (1) ) days of the date of your receipt of this notice. RED AGAINST YOU. If a proceeding is requested and there is no dispute of fact the provisions of Section 120.57(2), Florida Statutes would apply. In this regard you may submit oral or written evidence in opposition to the action taken by this agency or a written statement o * he U challenging the grounds upon which the agency 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. If you dispute material facts which are the basis for this agency's action you may request a formal adversarial proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes. If you request this type of proceeding, the request must comply with all of the requirements of Rule 28-106, F.A.C., and contain : a) A statement identifying with particularity the allegations of the Department which you dispute and the nature of the dispute; b) An explanation of what relief you are seeking and believe you are entitled to; Cc) Any other information which you contend is material. 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. - Ifa hearing is requested, you have the right to be represented by counsel, or other qualifi ed representative, to take testimony, to call and to cross-examine witnesses, and to have subposria and subpoena duces tecum issued on your behalf. You are hereby notified that mediation under Section 120.573, Florida Statutes, is not avaitable. . . . Failure to follow the procedure outlined with regard to your response to this notice may result in ‘the request being denied. All prior correspondence i in this matter ed U shall be considered freeform agency action, and no such correspondence shall operate as a valid request for an administrative proceeding. Any request for 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. DATED and SIGNED this at day of , 2000. B N Treasurer Insurance Commissioner, CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to: JAMES DERALD MCMANAMA, 2820 Michigan Avenue, Suite F, Kissimmee, Florida 34744; JAMES DERALD MCMANAMA, 823 Poplarwood Lane, Kissimmee, Florida 34743; and to PREFERRED FIRE P PROTECTION, INC., 2820 Michigan Avenue, Suite F, Kissimmee, Florida 34744 by Certif ed Mail this z jor day of Lavoie 2000. Miguel Oxamendi Senior Attorney Division of Legal Services «oe 612 Larson Building ~. Tallahassee, Florida 32399- 033 (250) 413-4130 eo em erering geen cegengee RRR rere mee

Docket for Case No: 00-000705