APR 6 2000 THE TREASURER OF THE STATE OF FLORIDA (CC & DEPARTMENT OF INSURANCE Docketed by:_| BILL NELSON Co-eure IN THE MATTER OF: CASE NO. 34497-00-AG SHERI ELLEN ANDREWS _—— ADMINISTRATIVE COMPLAINT o TO: SHERI ELLEN ANDREWS Pes 721 Legion Drive € we Destin, Florida 32541 roe oO *., > t re eo BG You, SHERI ELLEN ANDREWS, are hereby notified that the Insurance Commissiqner wt of the State of Florida has caused to be made an investigation of your activities while licensed as aa insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, SHERI ELLEN ANDREWS, are ~ currently licensed in this state as a life and variable annuity; life, health and variable annuity; and health insurance agent. 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance licenses and appointments. 3. On or about August 6, 1982, you, SHERI ELLEN ANDREWS, a FILED onan O pled guilty to two (2) counts of issuing worthless checks, a felony, in the Circuit Court of — Okaloosa County, Florida. You, SHERI ELLEN ANDREWS, had adjudication of guilt withheld anc were placed on probation for a period of five (5) years. COUNT I 4. The above general allegations are hereby realleged and fully incorporated herein by reference. 5. On or about April 17, 1998, you, SHERI ELLEN ANDREWS, did swear to and sign an application for licensure as a life, variable annuity and health insurance agent 6. On the aforementioned application, you, SHERI ELLEN ANDREWS, while uncler oath, and in response to the question: "Have you ever been convicted, found guilty, or pleaded guilty or nolo contendere to a felony under the laws of any municipality, county, state, territory, or country, whether or not a judgment of conviction has been entered?”, did answer in the negative. 7. On the aforementioned application, you, SHERI ELLEN ANDREWS, in your answer to the above-referenced question, knew or should have known that your response to said question was false and a material misrepresentation of fact, based upon your previous felony plea as set forth in paragraph three (3). 8. Relying, in part, on your swom denial of having previously been convicted, found gui. ty, or pleaded guilty or nolo contendere to a felony under the laws of any municipality, | county, state, territory, or country, whether or not a judgment of conviction has been entered, the Department did license you, SHERI ELLEN ANDREWS as a life, variable annuity and health insurance agent. Cra w) ITIS THEREFORE CHARGED that you, SHERI ELLEN ANDREWS, 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) Material misstatement, misrepresentation, or fraud in obtaining the license or permit or in attempting to obtain the license or permit. [Section 626.61 1(2), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]; (c) 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]; (d) Having been found guilty of or having pleaded guilty or nolo contendere to a felony or a crime punishable by imprisonment of 1 year or more under the law of the United States of America or of any state thereof or under the law of any other country which involves moral turpitude, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases. [Section 626.611(14), Florida Statutes]; (e) Any cause for which issuance of the license or permit could have been refused had it " then existed and been known to the department, [Section 626.621(1), Florida Statutes]; i (f) Having been found guilty of or having pleaded guilty or nolo contendere to a felony or a crime punishable by imprisonment of 1 year or more under the law of the United States of America or of any state thereof or under the law of any other country, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases. (Section 626.621(8), Florida Statutes}. U WU WHEREFORE, you, SHERI ELLEN ANDREWS, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your license and appointment 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, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. NOTICE OF RIGHTS i Pursuant to Sections 120.569 and 120.57, Florida Statutes and Rule 28-106, 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.512 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 East 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 Ca U 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. b i DATED and SIGNED this lo ~_ day of a a fl , 2000. BILL NELSON Treasurer and Insurance Commissioner I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to SHERI ELLEN ANDREWS, 721 Legion Drive, Destin, Florida 32541, by Certified Mail on this _© “day of rex \ AS 2000. Division of LegatSe 612 Larson Building Tallahassee, Florida 32399-0333 (850) 922-3110 Ext. 4170

Docket for Case No: 00-002672PL