THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE CO- 432 BILL NELSON IN THE MATTER OF: BRENDA DIANA WILSON ‘ / ADMINISTRATIVE COMPLAINT TO: BRENDA DIANA WILSON 3061 NW 195" Street Carol City, Florida 33056 BRENDA DIANA WILSON Professional Management Assurance 10949 NW 27" Avenue Miami, Florida 33167 You, BRENDA DIANA WILSON, are hereby notified that the Insurance Commissioner of the State of Florida (also referred to herein as the “Department”) investigated 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, BRENDA DIANA WILSON, are currently licensed in this state as a general lines and health agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, BRENDA DIANA WILSON, were licensed in this state as an insurance agent. to ; , UO 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance licenses and appointments. 4. At all times pertinent to the dates and occurrences referred to herein, you, BRENDA DIANA WILSON, were employed or otherwise had a business relationship with Professional Management Assurance of Miami, Florida. - COUNT | 5. The above general allegations are hereby realleged and fully incorporated herein by referenice. 6. On or about October 10, 1996, Viola Fox paid an insurance premium in the amount of $1,120.00 (one thousand one hundred and twenty dollars) to you, BRENDA DIANA WILSON, for renewal of homeowners coverage. 7. You, BRENDA DIANA WILSON, failed to obtain insurance coverage on behalf of Ms. Fox or to refund the premium amount to Ms. Fox. IT IS THEREFORE CHARGED that you, BRENDA DIANA WILSON, 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 as an insurance agent: (a) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, customer representative, solicitor, or ive in transactions under his or her license are trust funds received by the licensee in a fiduciary capacity. An agent shall keep the funds belonging to each insurer for which he or she is not appointed, other than a surplus lines insurer, in a separate account so as to allow the department to properly audit such funds. The licensee in|the applicable UO ao regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. [Section 626.561(1), Florida Statutes] (b) | Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes] (c) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license ar appointment. [Section 626.611(8), Florida Statutes] (d) Fraudulent or dishonest practices in the conduct of busihess under the license or appointment. [Section 626.611(9), Florida Statutes] (e) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license or appointment. [Section 626.611(10), Florida Statutes] (f) Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of this code. [Section 626.61 1(13) Florida Statutes] (g) Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Section 626.621(2), Florida Statutes] COUNT II 8. The above general allegations are hereby realleged and fully incorporated herein by reference. Ce “wy 9. On or about November 11, 1999, Viola Fox paid an insurance premium in the amount of $1,127.99 (one thousand one hundred and twenty seven dollars) to you, BRENDA DIANA WILSON, for renewal of homeowners coverage. 10. You, BRENDA DIANA WILSON, failed to obtain insurance coverage on behalf of Ms. Fox or to refund the premium amount to Ms. Fox. IT-1S THEREFORE CHARGED that you, BRENDA DIANA WILSON, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitute grolinds for the suspension or revocation of your licenses and appointments as an ingurance agent: (a) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, customer representative, solicitor, or adjuster in transactions under his or her license are trust funds received by the licensee in a fiduciary capacity. An agent shall keep the funds belonging to each insurer for which he or she is not appointed, other than a surplus lines insurer, in a separate account so as to allow the department to properly audit such funds. 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. [Section 626.561(1), Florida Statutes] (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes] (c) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license dr appointment. [Section 626.611(8), Florida Statutes] U | ~U (a) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes] (e) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license or appointment. [Section 626.611(10), Florida Statutes] (f} Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes] (g) Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Section 626.621(2), Florida Statutes] WHEREFORE, you, BRENDA DIANA WILSON, are hereby notified that the Treasurer and Insurance Commissioner 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 of 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 Pursuant to Sections 120.569 and 120.57, Florida Statutes and Rule 28-106, Florida Administrative Code (F.A.C.), you have the 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. If Express Mail or hand delivery is|utilized, the Petition or Election should be delivered to 612 Larson Building, 200 Hast Gaines Street, Tallahassee, Florida 32399-0333. The Petition or Election must be received by, and filed in the Department within twenty-one (21) days of the date of your receipt of this notice. YOUR FAILURE TO RESPOND TO THIS ADMINISTRATIVE COMPLAINT WITHIN TWENTY- ONE (21) DAYS WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED 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 amritten statement 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 YU os CO 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-requirernents 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; c) Any other information which you contend is matetial. 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 Tallahassed. If you request a hearing, you have the right to be represented by counsel, or other qualified representative, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf. You are hereby notified that mediation under Section 120.573, |Florida Statutes, is not available. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior correspondence in this matter shall be considered freeform agency action, and no such correspondence shall operate as a valid request for an administrative proceeding. Any request for administrative U a cy proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the ee) set out above. DATED and SIGNED this Hw day of , 2000. LL NELSON Treasurer and Insurance Commissioner CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been furnished by U.S. Certified Mail to: BRENDA DIANA WILSON, 3061 NW 195" St., Carol City, FL 33058; and BRENDA DIANA WILSON, Pa gfessional nagement Assurance, 10949 NW 27" Avenue, Miami, FL 33167 this Z3* day of besos , 2000. po David W. Nam Senior Attorney Division of Legal Services 612 Larson Building Tallahassee, FL 32399-0333 (850) 413-4134 Attorney for the Department

Docket for Case No: 00-001432