SET ville ye Hoaris FILED TREASUEER Aix Time go mage OF THE STATE OF FLORIDA WAY 25 2000 Date ‘A f ) Ne DEPARTMENT OF INSURANCE BILL NELSON ... ae INSURANCE COMMISSIONER Docketed by: IN THE MATTER OF: OO2TH JOSE RAIMUNDO CARBO Case No. 34725-00-AG / ADMINISTRATIVE COMPLAINT TO: . JOSE RAIMUNDO CARBO 8855 SW 54th Street Miami FL 33165 You, JOSE RAIMUNDO CARBO, are hereby notified that pursuant to Chapter 626, Florida Statutes, the Insurance Commissioner of the State of Florida has caused to be made an investigation of your activities while licensed as an insurance agent in this state, as a result of which it is hereby alleged that: GENERAL ALLEGATIONS 1. You, JOSE RAIMUNDO CARBO, are currently licensed in this state as a life (2- 16), life & health (2-18), and a health (2-40) agent. 2. At all times relevant to the dates-and-occurrences -referred-to herein, you, JOSE RAIMUNDO CARBO, were licensed in this state as an insurance agent. 3. At all times relevant to the dates and occurrences referred to herein, you, JOSE RAIMUNDO CARBO, were also a group producing agent appointed with Humana Health Insurance Company of Florida, Inc. (hereinafter referred to as “Humana”). ao ro 4, Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance ("DEPARTMENT") has jurisdiction over your insurance licenses and appointments. 5. At all times relevant to the dates and occurrences referred to herein, you, JOSE RAIMUNDO CARBO, engaged in insurance transactions and conducted business through Durey Insurance Group, Inc., also known as Durey Insurance and Accounting (hereinafter “Durey - Insurarice”), located at 7575 West Flagler Street, Suite 201, Miami, F lorida. 6. At all times relevant to the dates and occurrences referred to herein, you, JOSE RAIMUNDO. CARBO, engaged in insurance transactions and conducted business through Intemet Merchants Corporation, also known as corporation Internet Merchants Corporation, also knownvas IMC or “Insurance Maternity Consultants.” 7. Pursuant to Section 641.386, Florida Statutes, all qualifications, disciplinary provisions, licensing and appointment procedures, fees, and related matters contained in the Florida Insurance Code which apply to the licensing and appointment of health insurance agents by inswrers shall apply to persons licensed or appointed by health maintenance organizations (“HMOs") as their agents. 8. At all times relevant to the dates and occurrences referred to herein, and pursuant to Section 626.561(1), Florida Statutes, all premiums, return premiums, or other funds belonging to others received by you, JOSE RAIMUNDO CARBO, in the conduct of your licensed activities constituted trust funds received in a fiduciary capacity, and you, JOSE RAIMUNDO CARBO, were and remain obligated to account for and pay such funds to the insurer, HMO, insured, or other persons lawfully entitled thereto in the applicable regular course of business. U no COUNT I 9. All General Allegations set forth in paragraphs 1 through 8 above are hereby realleged and fully incorporated in this Count as though fully set forth herein. 10. You, JOSE RAIMUNDO CARBO, via the entity, Insurance Maternity Consultants, falsely advertised and are falsely advertising to the insurance buying public that pre gnant women can obtain medical coverage without preexisting health condition limitations for an unlawful processing fee. 11. Said advertisements, which you created and/or assisted in the creation, contain misleading representations, generalizations, and/or is deceptive or misleading with regard to the information imparted. Said advertisements also contain disparaging comments regarding insurers and insurance agents. IT IS THEREFORE CHARGED that you, JOSE RAIMUNDO CARBO, have violated or are accountable under the following provisions of the Florida Insurance Code, which constitutes grounds for the suspensicn or revocation of your licenses as an insurance agent in this state: (a) If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code. [Section 626.611(4), Florida Statutes]; (b) Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.611(5), Florida Statutes]; (c) | Demonstrated lack of fitness or trustworthiness to engage in the business of . insurance. [Section 626.611(7), Florida Statutes]; we) ; ( U “(d) Fraudulent or dishonest practices in the conduct of business under the. license or appointment. [Section 626.611(9), 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]; ' (h) _ In the conduct of business under the license or appointment, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of this chapter, or having otherwise shown himself or herself to be a source of injury or loss to the public. [Section 626.621(6), Florida Statutes]; @ Knowingly aiding, assisting, procuring, advising, or abetting any person in the violatior. of or.to violate a provision of the insurance code or any order or rule of the department. [Section 626.621(12), Florida Statutes]; () No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to ss. 626.951 or ss. 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance. [Section 626.9521(1), Florida Statutes]; (k) Knowingly making, issuing, circulating, or causing to be made, issued or circulated any estimate, illustration, circular statement, sales presentation, omission, or i VU re comparison which misrepresents the benefits, advantages, conditions or terms of any insurance policy. [Section 626.9541(1)(a)(1), Florida Statutes]; (1) Knowingly making a false or fraudulent written or oral statement or represéntation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k), Florida Statutes]; ! (m) No person, entity, or health maintenance organization shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to ss. 641.3905 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of health maintenance organizations. [Section 641.3901, Florida Statutes]; (n) Knowingly making, issuing or circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison which misrepresents the benefits, advantages, conditions, or terms of any health _ maintenance contract; misrepresents the affiliation, connection, or association of any goods, services, or business establishment; [Section 641.3903(1)(a), (d) and (k), Florida Statutes]; (0) | Knowingly making, issuing or circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or 7 comparison which misrepresents the benefits, nature, characteristics, uses, standard, quantity, quality, cost, rate, scope, source, or geographic origin or location of any goods or services available from or provided by, directly or indirectly, any health maintenance organization. [Section 641.3903(1)(e), Florida Statutes]; U ao (p) Knowingly making false or fraudulent statements or representations on, or relative to, an application for a health maintenance contract for the purpose of obtaining a fee, coramigsion, money, or other benefits from any health maintenance organization; agent; or -represehtative, broker or individual. [Section 641.3903(8), Florida Statutes]; (q) | The department may issue and serve a complaint stating charges upon any licensee or upon any affiliated party, whenever the department has reasonable cause to believe that thé person or individual named therein is engaging in or has engaged in conduct that is: (1) an act that demonstrates a lack of fitness or trustworthiness to engage in ‘the business of insurance, is hazardous to the insurance buying public, or constitutes business operations that are a detriment to policyholders, stockholders, investors, creditors, or the public; (2) a violation of any provision of the Florida Insurance Code; @) a violation of any rule of the department; (4) a viclation of any order of the department; or (5) a breach of any written agreement with the departrhent. [Section 624.310(3){a), Florida Statutes]. COUNTIL 12. All General Allegations set forth in paragraphs 1 through 8 above are hereby realleged and fully incorporated in this Count as though fully set forth herein. '13. You, JOSE RAIMUNDO CARBO, are a signatory on the bank account number 001 4097567 located at InterAmerican Bank, for the corporation Internet Merchants Corporation, also known as IMC, which was used to deposit unlawful processing fees for the procurement of medical coverage. 14. You, JOSE RAIMUNDO CARBO, misrepresented and/or assisted with the misrepresentation to consumers that women could obtain medical coverage for their pregnancies U ro without any preexisting health condition limitations as long as said consumers paid you, JOSE RAIMUNDO CARBO, as a representative of Insurance Maternity Consultants, an unlawful processing fee. You, JOSE RAIMUNDO CARBO, deposited said unlawful processing fees in the bank account set forth in paragraph 13. IT IS THEREFORE CHARGED that you, JOSE RAIMUNDO CARBO, have violated or are accountable under the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) 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. 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) If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code. [Section 626.611(4), Florida Statutes]; (c) Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising. [Section 626.611(5), Florida Statutes]; (d) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes}; (e) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]; ) ao) (f) 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]; (g) 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), Fiorida Statutes]; (h) 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]; (i) In the conduct of business under the license or appointment, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of this chapter, or having otherwise shown himself or herself to be a source of injury or loss to the public. [Section 626.621(6), Florida Statutes]; qj) Knowingly aiding, assisting, procuring, advising, or abetting any persoa in the violation of or to violate a provision of the insurance code or any order or rule of the department. [Section 626.621(12), Florida Statutes]; (k) _ No person shall engage in this state in any trade practice which is defined in this __ part as, or determined pursuant to ss. 626.951 ‘or ss. 626.9561 to ‘be, an unfair method of compeétition or an unfair or deceptive act or practice involving the business of insurance. [Section 626.9521(1), Florida Statutes]; 0) Knowingly making, issuing, circulating, or causing to be made, issued or circulated any estimate, illustration, circular statement, sales presentation, omission, or | U ro) comparison which misrepresents the benefits, advantages, conditions or terms of any insurance policy, [Section 626.9541(1)(a)(1), Florida Statutes]; (m) . Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual [Section 626.9541(1)(k), Florida Statutes]; | (n) Knowingly collecting any sum as a premium or charge for insurance, which is not then ptovided, or is not in due course to be provided, subject to acceptance of the risk by the insuret, by an insurance policy issued by an insurer as permitted by this code. [Section 626.9541(1)(0)(1), Florida Statutes]; (0) Knowingly collecting as a premium or charge for insurance any sum in excess of or les$ than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the department, and as specified in the poles or, in cases whea classifications, premiums, or rates are not required by this code to be so filed and approved, premiums and charges in excess of or less than those specified in the policy and as fixed by the insurer. [Section 626.9541(1)(0)(2), Florida Statutes]; (p) No person, entity, or health maintenance organization shall engage in this state in any ny trdde practice which i is defined i in this part a as, or wr determined pursuant t. to ss. Al. 3905 to > be, an unfair method of competition or an unfair or deceptive act or practice involving the business of health maintenance organizations. [Section 641.3901, Florida Statutes]; ‘(q) Knowingly making, issuing or circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or U ro comparison which misrepresents the benefits, advantages, conditions, or terms of any health maintenance contract; misrepresents the affiliation, connection, or association of any goods, services, or business establishment; [Section 641.3903(1)(a), (d) and (k), Florida Statutes]; (r) Knowingly making, issuing or circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison which misrepresents the benefits, nature, characteristics, uses, standard, quantity, quality, cost, rate, scope, source, or geographic origin or location of any goods or services available from or provided by, directly or indirectly, any health maintenafice organization. [Section 641.3903(1)(e), Florida Statutes]; —(s) Knowingly making false or fraudulent statements or representations on, or relative to, an application for a health maintenance contract for the purpose of obtaining a fee, commission, money, or other benefits from any health maintenance organization; agent; or representative, broker or individual. [Section 641.3903(8), Florida Statutes]; ' (t)) ~~ Knowingly collecting any sum as a premium or charge for health maintenance coverage which is not then provided or is not in due course to be provided, subject to acceptance of the risk by the health maintenance organization, by a health maintenance contract issued by an health maintenance organization as permitted by this part. [Section 641.3903(10){a), Florida. Scatutes]; _(u) Knowingly collecting as a premium or charge for health maintenance coverage any sum in excess of or less than the premium or charge applicable to health maintenance coverage, in accordance with the applicable classifications and rates as filed with the department, and as specified in the health maintenance contract. [Section 641.3903(10)(b), Florida Statutes]; 10 U CU (v) The department may issue and serve a complaint stating charges upon any licensee or upon any affiliated party, whenever the department has reasonable cause to believe that the person or individual named therein is engaging in or has engaged in conduct that is: (1) an act that demonstrates a lack of fitness or trustworthiness to engage in the business of insurance, is hazardous to the insurance buying public, or constitutes business operations that are a detriment to policyholders, stockholders, investors, creditors, or the public; (2) a violation of any provision of the Florida Insurance Code; (3) a violation of any rule of the department; (4) a violation of any order of the department; or (5) a breach of any written agreement with the department. [Section 624.310(3)(a), Florida Statutes]. COUNT III 15. All General Allegations set forth in paragraphs 1 through 8 above are hereby realleged and fully incorporated in this Count as though fully set forth herein. 16. You, JOSE RAIMUNDO CARBO, are a signatory on the bank account number 0055994179 located at Bank Atlantic, for the entity Insurance Maternity Consultants which was used to deposit unlawful processing fees for the procurement of medical coverage. 17. You, JOSE RAIMUNDO CARBO, misrepresented and/or assisted with the misrepresentation to consumers that women could obtain medical coverage for their pregnancies ‘without ‘any preexisting health condition limitations as long as said consumers paid you, JOSE RAIMUNDO CARBO, as a representative of Insurance Maternity Consultants, an unlawful processing fee. You, JOSE RAIMUNDO CARBO, deposited said unlawful processing fees in the bank account set forth in paragraph 16. 11 U CU IT IS THEREFORE CHARGED that you, JOSE RAIMUNDO CARBO, have violated or are accountable under the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) Sections 626.561(1); 626.611(4), (5), (7), (9), (10) and (13); 626.621(2) and (12); 626.9521(1), 626.9541(1)(a)(1), (1)(b), (DK), (1)(0)(1) and (1)(0)(2); 641.3901; 641.3903(1){a), (1)(d), and (1)(k); 641.3903(1)(d), (1)(e), (8), (10)(a), and (10)(b); and 624.310(3)(a), Florida Statutes 1999, which have been fully and specifically set forth in Count IT above, and are hereby realleged and fully incorporated herein by reference. COUNT IV 18. All General Allegations set forth in paragraphs 1 through 8 above are hereby realleged and fully incorporated in this Count as though fully set forth herein. 19. On or about June 5, 1998, you, JOSE RAIMUNDO CARBO, solicited Michelle Brague of Key Largo, Florida to purchase medical coverage. You, JOSE RAIMUNDO CARBO, advised Michelle Brague that she could obtain medical coverage through Humana, Inc., their affiliates or subsidiaries (hereinafter collectively referred to as “Humana”), via a group health plen issued to the business, Mobile Lawn Service, that she and her husband allegedly owned. 20. On or about June 5, 1998, you, JOSE RAIMUNDO CARBO, advised Michelle Brague that she .¢ had to to pay a $350.00 processing fee in order to obtain medical coverage. As instructed, Michelle Brague gave you, JOSE RAIMUNDO CARBO, a check payable to “IMC” (also known as Internet Merchants Corporation and/or Insurance Maternity Consultants) in the amount of $350.00. Said check was deposited in the InterAmerican Bank, bank account number 0014097561. 12 UYU Ce 22. You, JOSE RAIMUNDO CARBO, also instructed Michelle Brague that she had to provide you with a copy of the occupational license for the business she owned. Michelle Brague provided you with said copy. Michelle Brague was enrolled in group medical coverage with Humana. Ms. Brague was the only employee listed on the group health plan. 23. You, JOSE RAIMUNDO CARBO, participated in and assisted with the misappropriation and/or conversion of funds belonging to Michelle Brague because you collected an unlawful processing fee of $350.00 in excess of the premium for the procurement of medical coverage. IT IS THEREFORE CHARGED that you, JOSE RAIMUNDO CARBO, have violated or are accountable under the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) _ Sections 626.561(1); 626.611(4), (5), (7), (9), (10) and (13); 626.621(2) and (12); 626.9521(1), 626.9541(1)(a)(1), (1)(b), (1)(k), (1)(0)(2) and (1)(0)(2); 641.3903(D)@), (1)(d), and (1)(k); 641.3903(1)(d), (1)(©), (8), (10)(a), and (10)(b) and 624.310(3)(a), Florida Siatutes 1999, which have been fully and specifically set forth in Count II above, and are hereby realleged and fully incorporated herein by reference. . COUNT V 24. All General Allegations set forth in paragraphs 1 through 8 above are hereby realleged and fully incorporated in this Count as though fully set forth herein. 25. Brooking Bullock contacted Insurance Maternity Consultants to procure medical coverage without a preexisting condition limitation to cover her pregnancy. 13 U CU 26. On or about July 13, 1999, you, JOSE RAIMUNDO CARBO, submitted to Humana an enrollment form for group health coverage specifying Brooking Bullock as an employee of Internet Merchants Corporation (“IMC”), to which the group health plan had been issued. You, JOSE RAIMUNDO CARBO, knew that Brooking Bullock was not an employee of IMC. Thus, you participated in and assisted with the illegal enrollment of Brooking Bullock in a Humana group health plan issued to IMC. You, JOSE RAIMUNDO CARBO misrepresented and/or assisted in the misrepresentation of material information to Brooking Bullock and Humana in order for Brooking Bullock to unlawfully obtain the health coverage © 27. In consideration of said enrollment, Brooking Bullock paid an enrollment fee of $1200.00 with a check payable to IMC. Mrs. Bullock also began paying the premium of $240.00 each month. 28. After Humana began questioning Brooking Bullock’s medical coverage through the employer IMC, you, JOSE RAIMUNDO CARBO, devised a scheme in which Brooking Bullock would be able tc sustain group medical coverage. You, JOSE RAIMUNDO CARBO, advised Brooking Bullock to form a business based on the accounting and administrative work she does for her husband’s business. You, JOSE RAIMUNDO CARBO, verbally agreed that Insurance Maternity Consultants would perform all the necessary work, including paying all required fees, for the formation of Brooking Bullock’s business. - OO 29. Brooking Bullock's medical coverage with Humana under IMC began Iuly 1, 1999 and terminated August 31, 1999. After the formation of the Brooking Bullock’s company, “Brook's Books by Brooking Bullock,” on or about November 11, 1999, you, JOSE RAIMUNDO CARBO, submitted an application to Humana to obtain group medical coverage 14 for Ms. Bullock through her newly formed company. This group medical coverage was effective December 1, 1999. Thus, you, JOSE RAIMUNDO CARBO, unlawfully procured and/or assisted in the unlawful procurement of health coverage with Humana. 30. You, JOSE RAIMUNDO CARBO, participated in and assisted with a scheme with other insurance agents and unlicensed individuals in which funds belonging to insureds were misappropriated and/or illegally converted. You collected and/or assisted with the collection of an unlawful enrollment fee of $1200.00 from Brooking Bullock for the procurement of medical coverage. 31. As a result of your, JOSE RAIMUNDO CARBO's, misrepresentations and actions, Brooking Bullock lacked health coverage for the period September 1, 1999 through December 1, 1999 and incurred medical bills that have not been paid. IT IS THEREFORE CHARGED that you, JOSE RAIMUNDO CARBO, have violated or are accountable under the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses us an insurance agent in this state: (a) Sections 626.561(1); 626.611(4), (5), (7), (9), (10) and (13); 626.621(2) and (12); 626.9521(1), 626.9541(1)(a)(1), (1b), (1k), (1)(0)(1) and (1)(0)(2); 641.3901; 641.3903(1 (a), (1)(d), and_(1)(k); 641.3903(1)(d), (1)(e), (8), (10)(a), and (10)¢6) and 624, 3108)@), Florida Statutes 1999, which have been fally and specifically set forth i in Count I {above and are . hereby realleged and fully incorporated herein by reference. WHEREFORE, you, JOSE RAIMUNDO CARBO, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order revoking or suspending your licenses as an insurance agent in this state or to impose such lesser penalties as may be proper under the 15 | | | ; 1 | | ' | U U provisions of Sections 626.611, 626.621, 626.622, 626.681, 626.691, 626.9521, and 641.3901, Florida Statutes, under the procedures and rules set forth in this Administrative Complaint. NOTICE OF RIGHTS Pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule Chapter 28-106, Florida Administrative Code (F.A.C.), you may elect 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 USS. Mail, the Petition or Election should be addressed to the F lorida 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 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 in opposition to the action taken by this agency or a written statement challenging the grounds upon which the agency has relied. While a hearing is normally not required in the absence ofa 16 UV i) 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 ail of the requirements of Rule Chapter 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; and c) 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. 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. - - re _ . 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 proceeding received prior to the date 17 VU cU of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. DATED and SIGNED this 2.54. day of May, 2000. Wee Kacy, NWhere_ ye . : 2, LL NELSON Treasurer and Insurance Commissioner CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished by certified mail on this 2¢H~_ day of May, 2000 to the following addressees: JOSE RAIMUNDO CARBO 11433 NE 11th Place P4975 986 Shi Biscayne Park FL 33161-6762 SENDERS RECORD Jose Raimundo Carbo On -7.00 . 8855 SW 54th Street —Ornatin. Be th bre Miami FL 33165 : Mechele R. McBride, Esquire , Division of Legal Services -- (EIEIO 2 txson Buin P75 Fab Sbe 200 East Gaines Street oe Tallahassee FL 32399-0333 (850) 413-4114 18

Docket for Case No: 00-002754PL