FILED JUN 30 9000) TREASURER AND THE TREASURER OF THE STATE OF FLORIDA INSURANCE ComiMss) DEPARTMENT OF INSURANCE Dooketed by: / BILL NELSON 00-29 O6 IN THE MATTER OF: CASE NO: 35026-00 WALTER RUPERT EVERTON, III / ADMINISTRATIVE COMPLAINT TO: WALTER RUPERT EVERTON, III Chip Everton Agency 3046 W. Bearss Ave. Tampa, Florida 33618-1811 WALTER RUPERT EVERTON, III 1304 Parrilla de Avila Tampa, Florida 33613-1037 You, WALTER RUPERT EVERTON, III, are hereby notified that 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 alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, WALTER RUPERT EVERTON, III, are currently licensed in this state as a RPCJUA, life, life and health, and general lines agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, WALTER RUPERT EVERTON , III, were licensed in this state as an insurance agent. U — U WALTER RUPERT EVERTON, III, would stop by the automobile dealerships and collect the premium down payments. However, by mutual agreement, the auto sales persons had already deducted from those premium monies $25.00 for each policy sold. 9. The Chip Everton Agency at 3046 W. Bearss Ave., Tampa, Florida, is ‘not incorporated. The primary agent in an unincorporated agency is accountable and responsible for the acts of his salaried employees under his direct supervision and control. [Section 626.592(5), Florida Statutes]. COUNTI 10. The above general allegations are hereby realleged and fully incorporated herein by reference. 11. On or about February 7, 2000,Graham Ellis purchased an automobile from Bond Auto Sales, 10500 N. Florida Ave., Tampa, Florida from salesman Pete Montesino. 12. On or about February 7, 2000, Pete Montesino told Mr. Ellis that he, Mr. Ellis, could not leave the property without auto insurance. Pete Montesino obtained automobile insurance for Graham Ellis by calling Chip Everton at the Everton Agency. Pete Montesino told Mr. Ellis that he, Mr. Ellis, had to buy the auto insurance through the Everton Agency because that was the policy of Bond Auto Sales. 13. In discussion with the agency, during which coverage was placed, Mr. Montesino was given a binder number for Mr. Ellis. Mr. Ellis paid $150.00 cash to Mr. Montesino as down payment on the auto insurance. Mr. Montesino told Mr. Ellis that someone from the Chip Everton Agency picked up the paperwork once a month. Ww / 14, When he provided the premium down payment to the Chip Everton Agency, Mr. Montesino withheld a $25.00 referral fee. 15. On or about February 10, 2000, Graham Ellis went by the Everton Agency Bearss Avenue to complete and sign the paperwork. 16. You, WALTER RUPERT EVERTON, III, violated your fiduciary duty by improperly accounting for insurance premium funds, unlawfully sharing commissions, and knowingly aided and assisted an unlicensed person to solicit and procure automobile insurance. IT IS THEREFORE CHARGED that you, WALTER RUPERT EVERTON, III, 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, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity, and the licensee in the applicable regular cours¢ 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 permit is willfully used, or to be used, to circumvent any of requirements or prohibitions of this code. [Section 626.61 1(4), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business insurance. [Section 626.611(7), Florida Statutes]; the of (d) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or permit. [Section 626.611(8), Florida Statutes]; WU a (e) Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.61 1(9), Florida Statutes}; (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. [Section 626.61 1(10), Florida Statutes]; (g) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide his or her commission with another. [Section 626.611(11), Florida Statutes]; (h) 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]; (i) 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 permit. [Section 626.621(2), Flotida Statutes]; @) In the conduct of business under the license or permit, 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 to be a source of injury or loss to the public. [Section 626.621(6), Florida Statutes]; (k} Knowingly aiding, assisting, procuring, advising, or abetting any person 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]; () No person shall transact insurance in this state, or relative to a subject of insurance resident, located, or to be performed in this state, without complying with the applicable provisions of this code. [Section 624.11, Florida Statutes]. Ww Ne (m) — With respect to any such insurance, no person shall, unless licensed as an agent: | (a) Solicit insurance or procure applications therefor; (b) In this state receive or receipt for any money on account of or for any insurer, or receive or receipt for money from other persons to be transmitted to any insurer for a policy, contract, or certificate of insurance or any renewal thereof, although such policy, certificate, or contract is not signed by him or her as agent or representative of the insurer. [Section 626.041(2), Florida Statutes]. (n) _No person shall be, act as, or advertise or hold himself or herself out to be an insurance agent, customer representative, solicitor, or adjuster unless he or she is currently licensed and appointed. [Section 626.112(1), Florida Statutes]. (0) 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. [Section 626.561(1), Florida Statutes]. (p) An agent may divide or share in commissions only with :his or her own employed solicitors and with other agents appointed and licensed to write the same kind or kinds of insuranice. [Section 626.753(1)(a), Florida Statutes] - (q) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to Sections 626.951 or 626.9561, Florida Statutes, 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] (r) The following are defined as unfair methods of competition and unfair or deceptive acts or practices: 1. Knowingly collecting any sum as a premium or charge for insurance, which'is not then provided, or is not in due course to be provided, subject to acceptance of the risk by the L/ YU insurer, by an insurance policy issued by an insurer as permitted by this code. 2. Knowingly collecting as a premium or charge for insurance any sum in excess of or less than the premium ot 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 policy. [Section 626.9541(1)(o), Florida Statutes] COUNT II 17. The above general allegations are hereby realleged and fully incorporated herein by reference. 18. On or about March 21, 2000, Tiffany A. Scrivens purchased an automobile from Bond Auto Sales, 10500 N. Florida Ave.. Tampa, Florida. 19, On or about March’21, 2000, auto salesman Claude Donaway, obtained automobile insurance for Tiffany Scrivens by calling the Chip Everton Agency. Mr. Donaway collected a cash down payment amount of $263.00 from Ms. Scrivens for the requested insurance. 20. On or about April 7, 2000, an agent from the Chip Everton Agency picked up $238.00, leaving $25.00 as a referral fee for salesman Claude Donaway. . 21. Subsequently Tiffany Scrivens notified Cecilia Wise, office manager of the Chip Everton Agency, that she was having problems identifying the amount of her down payment. Although the Chip Everton Agency said the premium down payment was $238.00, Claude Donaway, the sales person at Bond Auto Sales, told her it was $263.00, so as to insure collection of his $25.00 referral fee. 22. When confronted with Tiffany Scrivens’ complaint, he returned $25.00 to Tiffany Scrivens. wy, Nw 23. Thus, Donaway’s referral fee was included in the insurance premium down payment, thereby overcharging the insurance customer. Only when Tiffany Scrivens Specifically complained about this practice was the proper down payment charged. 24. You, WALTER RUPERT EVERTON, III, violated your fiduciary duty) by knowingly allowing employees of the Chip Everton Agency to improperly account for insurance premium funds, unlawfully sharing commissions, and aided and assisted an unlicensed person to solicit and procure automobile insurance. | IT IS THEREFORE CHARGED that you, WALTER RUPERT EVERTON, III, 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, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity, and the licensee in the applicable regular courst 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 permit is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code. [Section 626.61 1(4), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business) of insurance. [Section 626.61 1(7), Florida Statutes]; (d) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or permit. [Section 626.611(8), Florida Statutes]; ww WW (e) Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.61 1(9), Florida Statutes]; mac) 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. [Section 626.61 1(10), Florida Statutes]; (g) | Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide his or her commission with another. [Section 626.611(11), Florida Statutes]; (h) 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(1 3), Florida Statutes]; (i) 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 permit. [Section 626.621(2), F lorida Statutes]; g) In the conduct of business under the license or permit, 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 to be a source of injury or loss to the public. [Section 626.621(6), Florida Statutes]; ! (k) Knowingly aiding, assisting, procuring, advising, or abetting any person 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]; (1) No person shall transact insurance in this state, or relative to a subject of insuratice resident, located, or to be performed in this state, without complying with the applicable provisions of this code. [Section 624.11, Florida Statutes]. oS U (m) With respect to any such insurance, no person shall, unless licensed as an agent: Solicit insurance or procure applications therefor; (b) In this state receive or receipt for any money on account of or for any insurer, or receive or receipt for money from other persons to transmitted to any insurer for a policy, contract, or certificate of insurance or any renewal thereof, (a) be although such policy, certificate, or contract is not signed by him or her as agent or representative of the insurer. [Section 626.041(2), Florida Statutes]. (n) No person shall be, act as, or advertise or hold himself or herself out to be insurance agent, customer representative, solicitor, or adjuster unless he or she is currently licensed and appointed. [Section 626.112(1), Florida Statutes}. an (0) 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. [Section 626.561(1), Florida Statutes]. (p) An agent may divide or share in commissions only with his or her own employed solicitors and with other agents appointed and licensed to write the same kind or kinds of insurance. [Section 626.753(1)(a), Florida Statutes] - (q) No person shall engage in this state in any trade practice which is defined in this Pp as, or determined pursuant to Sections 626.951 or 626.9561, Florida Statutes, 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] (r) The following are defined as unfair methods of competition and unfair or deceptive acts or practices: 1. Knowingly collecting any sum as a premium or charge for insurance, which not then provided, or is not in due course to be provided, subject to acceptance of the risk by the 10 art is VU Nw) insurer, by an insurance policy issued by an insurer as permitted by this code. 2. Knowingly collecting as a premium or charge for insurance any sum in excess of or less 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 policy. [Section 626.9541 (0), Florida Statutes] ! COUNT II 25. The above general allegations are hereby realleged and fully incorporated herein by reference. . 26. On or about February 8, 2000, Edgar J. Rivera purchased an automobile from Bond Auto Sales, 10500 N. Florida Ave., Tampa, Florida. 27. On or about February 8, 2000, Claude Donaway obtained automobile insurance for Edgar Rivera by calling the Chip Everton Agency, During the discussion between Mr. Donaway and the Chip Everton Agency, the salesman arranged coverage and was given a binder number for Edgar Rivera. Edgar Rivera paid Mr. Donaway $205.00 as a down payment on the auto insuratce. As a receipt, Mr. Donaway gave Mr. Riveraa business card of an agent of the Chip Everton Agency with the down payment and monthly payment amounts on the back. Mr. Donaway~also noted the amounts on the “Buyer’s Order and Invoice.” | 28. On or about April 7, 2000, an agent of the Chip Everton Agency, picked up sen 00 of the $205.00 down payment, leaving $25.00 as a referral fee for the salesman. 29. You, WALTER RUPERT EVERTON, III, violated your fiduciary duty ‘by improperly accounting for insurance premium funds, unlawfully sharing commissions, accepting short premium down payments, and knowingly aided and assisted an unlicensed person to sic and procure automobile insurance. U U IT IS THEREFORE CHARGED that you, WALTER RUPERT EVERTON, II, Have violated or are accountable under the following provisions of the Florida Insurance Code and Rhles of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and appointments as an insurance agent: (a) All premiums, return premiums, or other funds belonging to insurers or others © received by an agent, solicitor, or adjuster in transactions under his license shall be trust fund$ so received by the licensee in a fiduciary capacity, and 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 permit is willfully used, or to be used, to circumvent any of|the requirements or prohibitions of this code. [Section 626.61 1(4), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]; (d) Demonstrated lack of reasonably adequate knowledge and technical competenct to engage in the transactions authorized by the license or permit. [Section 626.611(8), Flotida Statutes]; - (e) Fraudulent or dishonest practices in the conduct of business under the licens or permit. [Section 626.61 1(9), Florida Statutes}; (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. [Section 626.611(10), Florida Statutes]; (g) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing] or offering to divide his or her commission with another. [Section 626.611(11), Florida Statutes]; 12 VU VU (h) Willful failure to comply with, or willful violation of, any proper order or rule off the department or willful violation of any provision of this code. [Section 626.611(13), Flofida Statutes]; (i) Violation of any provision of this code or of any other law applicable to the busittess of insurance in the course of dealing under the license or permit. [Section 626.621(2), Flofida Statutes]; (j) In the conduct of business under the license or permit, engaging in unfair ~~ of competition or in unfair or deceptive acts or practices, as prohibited under part X of this chapte: or having otherwise shown himself to be a source of injury or loss to the public. [Section 626.621{6), Florida Statutes]; (k) Knowingly aiding, assisting, procuring, advising, or abetting any person in violation of or to violate a provision of the insurance code or any order or rule of the departmen . {Section 626.621(12), Florida Statutes]; the d) No person shall transact insurance in this state, or relative to a subject of insurahce resident, located, or to be performed in this state, without complying with the applicable provisipns of this code. [Section 624.11, Florida Statutes]. - (m) — With respect to any such insurance, no person shall, unless licensed as an agent: Solicit insurance or procure applications therefor; (b) In this state receive or receipt for any mopey on account of or for any insurer, or receive or receipt for money from other persons to transmitted to any insurer for a policy, contract, or certificate of insurance or any renewal ther a) be f although such policy, certificate, or contract is not signed by him or her as agent or representative of the insurer. [Section 626.041(2), Florida Statutes]. U Y | | | (n) —_No person shall be, act as, or advertise or hold himself or herself out to bd an insurance agent, customer representative, solicitor, or adjuster unless he or she is currently licerised | and appointed. [Section 626.112(1), Florida Statutes]. (0) 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 orlher license are trust funds received by the licensee in a fiduciary capacity. [Section 626.561(1), Flotida Statutes]. (p} An agent may divide or share in commissions only with his or her own employed solicitors and with other agents appointed and licensed to write the same kind or kinds of insuraiice. [Section 626.753(1)(a), Florida Statutes] (q) No person shall engage in this state in any trade practice which is defined in this fat as, or determined pursuant to Sections 626.951 or 626.9561, Florida Statutes, to be, an unfair i 4 | method of competition or an unfair or deceptive act or practice involving the business of insurande. i [Section 626.9521(1), Florida Statutes] i i () The following are defined as unfair methods of competition and unfair or deceptie : acts or practices: 1. Knowingly collecting any sum as a premium or charge for insurance, whichlis | not then provided, or is not in due course to be provided, subject to acceptance of the risk by the i : insurer, by an insurance policy issued by an insurer as permitted by this code. 2, Knowingly | i collecting as a premium or charge for insurance any sum in excess of or less 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 policy. [Section 626.9541(1 vq) Florida Statutes] 14 j COUNTIV 30. The above general allegations are hereby realleged and fully incorporated herein by reference. 31. On or about March 8, 2000, Monica E. Huggins purchased an automobile from Bond Auto Sales, 10500 N. Florida Ave., Tampa, Florida. 32. Mr. Donaway told Ms. Huggins that she needed auto insurance before she cpuld remove the car from the lot. 33. On or about March 8, 2000, Claude Donaway obtained automobile insurancd for Monica E. Huggins by calling the Chip Everton Agency. During the discussion between |Mr. Donaway and the Chip Everton Agency, the salesman arranged coverage and was given a bihder number for Monica Huggins. She paid a total of $200 down payment on the required $365.00 premium down payment for the auto insurance. The following week she paid the remaining $165. Ms. Huggins was told this was for three months insurance coverage. 34. Mr. Donaway sent Ms. Huggins to the Bearss Avenue address to complete] the insurance paperwork. 35. On or about March 31, 2000, Ms. Huggins received a call at her job, informing|her that her auto insurance was being cancelled for non-payment of premium. 36. Ms. Huggins went to the Bearss Avenue address and showed the paperwork fiom Mr. Donaway indicating she had paid $365.00 for auto insurance coverage. An agent of the hip Everton Agency said there must have been a misunderstanding and that it was now straightened i, 37. Onor about April 7, 2000, an agent of the Chip Everton Agency, picked up $340.00 of Ms. Huggins’ down payment, leaving $25.00 as a referral fee for the salesman. 15 38. You, WALTER RUPERT EVERTON, II, violated your fiduciary ey by improperly accounting for insurance premium funds, unlawfully sharing commissions, scestng short premium down payment, and knowingly aided and assisted an unlicensed person to solicit and procure automobile insurance, IT IS THEREFORE CHARGED that you, WALTER RUPERT EVERTON, III, Have violated or are accountable under the following provisions of the Florida Insurance Code and Riles 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, solicitor, or adjuster in transactions under his license shall be trust fund so received by the licensee in a fiduciary capacity, and 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 permit is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code. [Section 626.61 1(4), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]; (d) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or permit. [Section 626.611(8), Flot Statutes]; : (e) Fraudulent or dishonest practices in the conduct of business under the licens or permit. [Section 626.61 1(9), Florida Statutes]; 16 WU Nw) (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. [Section 626.611(10), Florida Statutes]; ; (g) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide his or her commission with another. [Section 626.611(11), Florida Statutes]; (h) Willful failure to comply with, or willful violation of, any proper order or rule ofithe department or willful violation of any provision of this code. [Section 626.611(13), Flofida Statutes]; (i) Violation of any provision of this code or of any other law applicable to the ike of insurance in the course of dealing under the license or permit. [Section 626.621(2), Flotida Statutes]; @) In the conduct of business under the license or permit, 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 to be a source of injury or loss to the public. [Section 626.6216), Florida Statutes]; (k) Knowingly aiding, assisting, procuring, advising, or abetting any ‘person in fhe violation of or to violate a provision of the insurance code or any order or rule of the departmgnt. [Section 626.621(12), Florida Statutes]; (dd) No person shall transact insurance in this state, or relative to a subject of insurance resident, located, or to be performed in this state, without complying with the applicable provisidns of this code. [Section 624.11, Florida Statutes]. (m) With respect to any such insurance, no person shall, unless licensed as an agent: la Solicit insurance or procure applications therefor; (b) In this state receive or receipt for any morfey [ q on account of or for any insurer, or receive or receipt for money from other persons t6 be transmitted to any insurer for a policy, contract, or certificate of insurance or any renewal theteof although such policy, certificate, or contract is not signed by him or her as agent or representative of the insurer. [Section 626.041(2), Florida Statutes]. if i f t (n) No person shall be, act as, or advertise or hold himself or herself out to be an insurance agent, customer representative, solicitor, or adjuster unless he or she is currently iets and appointed. [Section 626.112(1), Florida Statutes]. (0) All premiums, return premiums, or other funds belonging to insurers or other received by an agent, customer representative, solicitor, or adjuster in transactions under his oF her license are trust funds received by the licensee ina fiduciary capacity. [Section 626.561(1), Florida Statutes]. | (p) An agent may divide or share in commissions only with his or her own empl solicitors and with other agents appointed and licensed to write the same kind or kinds of insure [Section 626.753(1)(a), Florida Statutes] (q) No person shall engage in this state in any trade practice which is defined in this part t as, or determined pursuant to Sections 626.951 or 626.9561, Florida Statutes, to be, an unfair l method of competition or an unfair or deceptive act or practice involving the business of insurange. [Section 626.9521(1), Florida Statutes] | (r) The following are defined as unfair methods of competition and unfair or dese acts or practices: 1. Knowingly collecting any sum as a premium or charge for insurance, whic is not then provided, or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as permitted by this cade. 2. Knowingly | ' collecting as a premium or charge for insurance any sum in excess of or less than the premium or. : 18 | WU Ne] . 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 policy. [Section 626.9541(1 Yo), Florida Statutes] COUNT V 39. The above general allegations are.hereby realleged and fully incorporated hereih by reference. 40. On or about March 1, 2000, Linda E. Morgan Hall purchased an automobile from Bond Auto Sales, 10500 N. Florida Avenue, Tampa, Florida. 41, On or about March 1, 2000, Claude Donaway obtained automobile insurance for Linda Hall by calling the Chip Everton Agency. During discussion between Mr. Donaway and the Agency, the salesman arranged coverage and was given a binder number for Ms. Hall. Ms. Hall made a down payment in the amount of $197.00 to Mr. Donaway on the auto insurance. 42. Onor about April 7, 2000, an agent of the Chip Everton Agency, picked up $172.00 of the $197.00 Ms. Hall paid, leaving $25.00 as a referral fee for the salesman. 43. You, WALTER RUPERT EVERTON, II, violated your fiduciary duty) by improperly accounting for insurance premium funds, unlawfully sharing commissions, accepted short premium down payments, and knowingly aided and assisted an unlicensed person to soficit and procure automobile insurance. IT IS THEREFORE CHARGED that you, WALTER RUPERT EVERTON, III, Have violated or are accountable under the following provisions of the Florida Insurance Code and Riles of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and appointments as an insurance agent: 19 VW Nw] : | i (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, and the licensee in the applicable regular cours} of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. t [Section 626.561(1), Florida Statutes]; t i (b) If the license or permit is willfully used, or to be used, to circumvent any of'the requirements or prohibitions of this code. [Section 626.611 (4), Florida Statutes]; f (c) Demonstrated lack of fitness or trustworthiness to engage in the busines of insurance. [Section 626.611(7), Florida Statutes]; ; (d) Demonstrated lack of reasonably adequate knowledge anid technical competence to t engage in the transactions authorized by the license or permit. [Section 626.611(8), Flotida Statutes]; (e) Fraudulent or dishonest practices in the conduct of business under the licens¢ or permit. [Section 626.61 1(9), Florida Statutes]; ( Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under ithe license. [Section 626.611(10), Florida Statutes]; (g) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide his or her commission with another. [Section 626.61 1(11), Florida Statutes}; (h) 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), Flo ; Statutes]; : if f 13 k i i i i i ‘ i i f i 20 , WU Nw) (i) Violation of any provision of this code or of any other law applicable to the busiess of insurance in the course of dealing under the license or permit. [Section 626.621(2), Flotida Statutes]; G) In the conduct of business under the license or permit, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of this chapteg, or having otherwise shown himself to be a source of injury or loss to the public. (Section 626.62 6, Florida Statutes]; (k) Knowingly aiding, assisting, procuring, advising, or abetting any person in 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]; the (}) No person shall transact insurance in this state, or relative to a subject of insurahce resident, located, or to be performed in this state, without complying with the applicable provisi of this code. [Section 624.11, Florida Statutes]. (m) With respect to any such insurance, no person shall, unless licensed as an agent: Solicit insurance or procure applications therefor; (b) In this state receive or receipt for any money on account of or for any insurer, or receive or receipt for money from other persons to transmitted to any insurer for a policy, contract, or certificate of insurance or any renewal ther ns (a) be f, although such policy, certificate, or contract is not signed by him or her as agent or representative of the insurer. [Section 626.041(2), Florida Statutes]. (n) —_No person shall be, act as, or advertise or hold himself or herself out to be insurance agent, customer representative, solicitor, or adjuster unless he or she is currently licenged and appointed. [Section 626.112(1), Florida Statutes]. 21 an WU Ne, (0) All premiums, retum premiums, or other funds belonging to insurers or others received by an agent, customer representative, solicitor, or adjuster in transactions under his of her license are trust funds received by the licensee in a fiduciary capacity. [Section 626.56 1(1), Fira Statutes]. (p) An agent may divide or share in commissions only with his or her own employed solicitors and with other agents appointed and licensed to write the same kind or kinds of mi [Section 626.753(1)(a), Florida Statutes] (q) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to Sections 626.951 or 626.9561 , Florida Statutes, to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insuranke. [Section 626.9521(1), Florida Statutes] (r) The following are defined as unfair methods of competition and unfair or deceptive acts or practices: 1. Knowingly collecting any sum as a premium or charge for insurance, which is not then provided, or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as permitted by this code. 2. Knowingly collecting as a premium or charge for insurance any sum in excess of or less than the premium o charge applicable to such insurance, in accordance with the applicable classifications and rates filed with and approved by the department, and as specified in the policy. [Section 626.9541(1)(b), Florida Statutes] COUNT VI 44. The above general allegations are hereby realleged and fully incorporated hereiy by reference. 22 wo Ne, 45. Onor about April 4, 2000, Claude Donaway received a fax from the Chip Evertdn Agency containing names of persons for which the agency claimed had never made their auto insurance premium down payments. The list included: Tiffany Scrivens, Monica Huggins, Edgar Rivera, and Linda Hall. 46. On or about April 7, 2000, an agent of the Chip Everton Agency, picked up signed for $905.00 from Claude Donaway (a total of $1,005.00 premium from Scrivens, Huggins Rivera, and Hall, minus $100 for the $25 referral fee for each customer). 47. You, WALTER RUPERT EVERTON, III, violated your fiduciary duty’ and £7 by improperly accounting for insurance premium funds, unlawfully sharing commissions, accepted short premium down payment, and knowingly aided and assisted an unlicensed person to solicit and procure automobile insurance. IT IS THEREFORE CHARGED that you, WALTER RUPERT EVERTON, III, Have violated or are accountable under the following provisions of the Florida Insurance Code and Ri es 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, solicitor, or adjuster in transactions under his license shall be trust fundg so received by the licensee in a fiduciary capacity, and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled therkto. [Section 626.561(1), Florida Statutes]: (b) If the license or permit is willfully used, or to be used, to circumvent any of ithe requirements or prohibitions of this code. [Section 626.61 1(4), Florida Statutes]; 23 wo) Nw) (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]; (d) Demonstrated lack of reasonably adequate knowledge and technical competende to engage in the transactions authorized by the license or permit. {Section 626.611(8), Fidrida Statutes]; (e) Fraudulent or dishonest practices in the conduct of business under the licen or permit. [Section 626.61 1(9), Florida Statutes]; (f) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business underj the license. [Section 626.611(10), Florida Statutes]; (g) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide his or her commission with another. [Section 626.611(11), Florida Statutes]; (h) 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), Flofida Statutes]; (i) 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 permit. [Section 626.621(2), Flotida Statutes]; qj) In the conduct of business under the license or permit, engaging in unfair methodb of competition or in unfair or deceptive acts or practices, as prohibited under part X of this chapter, or having otherwise shown himself to be a source of injury or loss to the public. [Section 626.6216), Florida Statutes]; 24 ', Nw) (k) Knowingly aiding, assisting, procuring, advising, or abetting any person inj 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]; a No person shall transact insurance in this state, or relative to a subject of insurdnce resident, located, or to be performed in this state, without complying with the applicable provisions of this code. [Section 624.11, Florida Statutes]. (m) With respect to any such insurance, no person shall, unless licensed as an agent:} (a) Solicit insurance or procure applications therefor; (b) In this state receive or receipt for any money on account of or for any insurer, or receive or receipt for money from other persons to) be transmitted to any insurer for a policy, contract, or certificate of insurance or any renewal thereof, although such policy, certificate, or contract is not signed by him or her as agent or representative of the insurer. [Section 626.041(2), Florida Statutes]. (n) No person shail be, act as, or advertise or hold himself or herself out to be an insurance agent, customer representative, solicitor, or adjuster unless he or she is currently licerlsed and appointed. [Section 626.112(1), Florida Statutes]. (0) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, customer representative, solicitor, or adj uster in transactions under his or jher license are trust funds received by the licensee in a fiduciary capacity. [Section 626.561(1), Flotida Statutes]. (p) An agent may divide or share in commissions only with his or her own employed solicitors and with other agents appointed and licensed to write the same kind or kinds of insurarjce. [Section 626.753(1)(a), Florida Statutes] 25 wo) Ne (q) No person shall engage in this state in any trade practice which is defined in this as, or determined pursuant to Sections 626.951 or 626.9561 , Florida Statutes, 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] (r) The following are defined as unfair methods of competition and unfair or deceptive acts or practices: 1. Knowingly collecting any sum as a premium or charge for insurance, whichki not then provided, or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as permitted by this code. 2. Knowingly collecting as a premium or charge for insurance any sum in excess of or less 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 policy. [Section 626.9541(1)(d), Florida Statutes] COUNT VII 48. The above general allegations are hereby realleged and fully incorporated herein|by reference. 49. Onor about March 4, 2000, Joel Montgomery purchased an automobile from Bo Auto Sales, 10500 N. Florida Avenue, Tampa, Florida. 50. On or about March 4, 2000, auto salesman Claude Donaway obtained automobile insurance for Joel Montgomery by calling the Chip Everton Agency. During the discussion between Mr. Donaway and the agency, the salesman arranged coverage and was given a binder number for Mr. Montgomery. Mr. Montgomery did not have the money for the insurance down payment, but Mr. Donaway told him that Bond Auto Sales would cover the $203 insurance premium down payment for two weeks, which it did. 26 | WU Nae 51. On or about March 15, 2000, Joel Montgomery gave the salesman $203.00 in cagh to cover the auto insurance down payment. Asa receipt, Mr. Donaway wrote the down payment amount and the monthly payment amount on the back of a business card for an agent of the Chip Everton Agency. 52. A few days later Mr. Montgomery went to the Everton Agency to complete the paperwork for the insurance. He was told by AN AGENT OF THE CHIP EVERTON AGENCY that the agency had never received the auto insurance premium down payment from Bond Auto Sales. 53. Because the agency did not obtain the premium down payment in a timely manner, it did not place the requested coverage, leaving the customer thinking he had an auto insurance policy when in fact he did not. 54. You, WALTER RUPERT EVERTON, III, violated your fiduciary duty] by improperly accounting for insurance premium funds, unlawfully sharing commissions, land knowingly aided and assisted an unlicensed person to solicit and procure automobile insurance. IT IS THEREFORE CHARGED that you, WALTER RUPERT EVERTON, III, Have violated or are accountable under the following provisions of the Florida Insurance Code and Riles of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and appointments as an insurance agent: (a) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, solicitor, or adjuster in transactions under his license shall be trust fund$ so received by the licensee in a fiduciary capacity, and 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]; 27 wo) Ne (b) If the license or permit is willfully used, or to be used, to circumvent any off the requirements or prohibitions of this code. [Section 626.61 1(4), Florida Statutes}; (c) Demonstrated lack of fitness or trustworthiness to engage in the busines of insurance. [Section 626.61 1(7), Florida Statutes]; (d) Demonstrated lack of reasonably adequate knowledge and technical competende to engage in the transactions authorized by the license or permit. [Section 626.611(8), Florida Statutes]; (e) Fraudulent or dishonest practices in the conduct of business under the licensk or permit. [Section 626.611(9), Florida Statutes]; (ph 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. [Section 626.611(10), Florida Statutes]; (g) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide his or her commission with another. {Section 626.61 1(11), Florida Statutes}; (h) Willful failure to comply with, or willful violation of, any proper order or rule ofthe department or willful violation of any provision of this code. [Section 626.611(13), Flotida Statutes]; (i) Violation of any provision of this code or of any other law applicable to the busirless of insurance in the course of dealing under the license or permit. [Section 626.621(2), Flotida Statutes]; G) In the conduct of business under the license or permit, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of this chapter} or 28 VU a, having otherwise shown himself to be a source of injury or loss to the public. [Section 626.621K6), Florida Statutes]; (k) Knowingly aiding, assisting, procuring, advising, or abetting any person 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]; d) No person shall transact insurance in this state, or relative to a subject of insurdnce resident, located, or to be performed in this state, without complying with the applicable provisions of this code. [Section 624.11, Florida Statutes]. (m) With respect to any such insurance, no person shall, unless licensed as an agent: | (a) Solicit insurance or procure applications therefor; (b) In this state receive or receipt for any mohey on account of or for any insurer, or receive or receipt for money from other persons to} be transmitted to any insurer for a policy, contract, or certificate of insurance or any renewal thertof, although such policy, certificate, or contract is not signed by him or her as agent or representative of the insurer. [Section 626.041(2), Florida Statutes]. (n) —_No person shall be, act as, or advertise or hold himself or herself out to bel an insurance agent, customer representative, solicitor, or adjuster unless he or she is currently licensed and appointed. [Section 626.112(1), Florida Statutes]. (0) All premiums, return premiums, or other funds belonging to insurers or otters 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. [Section 626.561(1), Florida Statutes]. 29 (p) An agent may divide or share in commissions only with his or her own employed solicitors and with other agents appointed and licensed to write the same kind or kinds of ins [Section 626.753(1)(a), Florida Statutes] (q) No person shall engage in this state in any trade practice which is defined in thig part as, or determined pursuant to Sections 626.951 or 626.9561, Florida Statutes, to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of in [Section 626.9521(1), Florida Statutes] (r) The following are defined as unfair methods of competition and unfair or deceptive acts or practices: 1. Knowingly collecting any sum as a premium or charge for insurance, whidh is not then provided, or is not in due course to be provided, subject to acceptance of the risk by th insurer, by an insurance policy issued by an insurer as permitted by this code. 2. Knowingly collecting as a premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates filed with and approved by the department, and as specified in the policy. [Section 626.9541(1(o), Florida Statutes] COUNT VIII - 55. The above general allegations are hereby realleged and fully incorporated here: by reference. 56. On or about February 18, 2000, Latosna Demons purchased an automobile from Bond Auto Sales, 10500 N. Florida Avenue, Tampa, Florida. 57. On or about February 18, 2000, Pete Montesino obtained automobile insuranct for Latosna Demons calling the Chip Everton Agency. During the discussion between Pete Montesino 30 WV YJ and the agency, the salesman arranged coverage and was given a binder number for Ms. Derhons. Latosna Demons did not talk to an insurance agent on that occasion. 58. Pete Montesino suggested that Ms. Demons say that she is married, but she re since she is single. Ms. Demons made a $130.00 down payment on the auto insurance, lea balance of $87.00 to be paid the next week. ng a 59. Pete Montesino wrote her a receipt for the down payment on the back of an agdnt of the Chip Everton Agency’s business card. 60. On or about February 25. 2000, Ms. Demons paid the remaining $87.00 to] Mr. Montesino. 61, Subsequently, Latosna Demons went to the Chip Everton Agency on Bearss Avenue in Tampa, and was assisted by an agent of the Chip Everton Agency in completing the necepsary paperwork for her insurance coverage. 62. You, WALTER RUPERT EVERTON, Ill, violated your fiduciary dut improperly accounting for insurance premium funds, unlawfully sharing commissions, acc: short premium down payments, and knowingly aided and assisted an unlicensed person to s and procure automobile insurance. - IT IS THEREFORE CHARGED that you, WALTER RUPERT EVERTON, III, violated or are accountable under the following provisions of the Florida Insurance Code and of the Department of Insurance which constitute grounds for the suspension or revocation of licenses and appointments as an insurance agent: (a) All premiums, return premiums, or other funds belonging to insurers or 0 received by an agent, solicitor, or adjuster in transactions under his license shall be trust fun received by the licensee in a fiduciary capacity, and the licensee in the applicable regular cour: 31 Ww LA business shall account for and pay the same to the insurer, insured, or other person entitled thereto. [Section 626.561(1), Florida Statutes]; (b) Ifthe license or permit is willfully used, or to be used, to circumvent any of requirements or prohibitions of this code. [Section 626.61 1(4), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the businesg insurance. [Section 626.61 1(7), Florida Statutes}; the of (d) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or permit. [Section 626.611(8), Flotida Statutes]; (e) Fraudulent or dishonest practices in the conduct of business under the licens¢ or permit. [Section 626.61 1(9), Florida Statutes]; (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 license. [Section 626.611(10), Florida Statutes]; (g) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing} offering to divide his or her commission with another. [Section 626.61 1(11), Florida Statutes]; tthe or (h) 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]; (i) Violation of any provision of this code or of any other law applicable to the businkss of insurance in the course of dealing under the license or permit. [Section 626.621(2), Florida Statutes]; 32 wo WW (j) In the conduct of business under the license or permit, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of this chaptef, or having otherwise shown himself to be a source of injury or loss to the public. [Section 626.621K6), Florida Statutes]; {k) Knowingly aiding, assisting, procuring, advising, or abetting any person 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]; () No person shall transact insurance in this state, or relative to a subject of insurance resident, located, or to be performed in this state, without complying with the applicable provisions of this code, [Section 624.11, Florida Statutes]. . (m) With respect to any such insurance, no person shall, unless licensed as an agent: | (a) Solicit insurance or procure applications therefor; (b) In this state receive or receipt for any mohey on account of or for any insurer, or receive or receipt for money from other persons to} be transmitted to any insurer for a policy, contract, or certificate of insurance or any renewal thergof, although such policy, certificate, or contract is not signed by him or her as agent or representative of the insurer. [Section 626.041 (2), Florida Statutes]. ° (n) No person shall be, act as, or advertise or hold himself or herself out to be} an insurance agent, customer representative, solicitor, or adjuster unless he or she is currently licenked and appointed. [Section 626. 112(1), Florida Statutes]. (0) 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. [Section 626.561(1), Florida Statutes]. 33 wy Ne (p) An agent may divide or share in commissions only with his or her own employed solicitors and with other agents appointed and licensed to write the same kind or kinds of insurante. [Section 626.753(1)(a), Florida Statutes] (q) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to Sections 626.951 or 626.9561, Florida Statutes, 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] (r) The following are defined as unfair methods of competition and unfair or deceptive acts or practices: 1. Knowingly collecting any sum as a premium or charge for insurance, which js not then provided, or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as permitted by this code. 2. Knowingly collecting as a premium or charge for insurance any sum in excess of or less 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 policy. [Section 626.9541(1)(a) > Florida Statutes] COUNT IX . 63. The above general allegations are hereby realleged and fully incorporated herein by reference, 64. Onor about February 27, 2000, John Stroup purchased an automobile from Bond Auto Sales, 10500 N. Florida Avenue, Tampa, Florida. 65. On or about February 27, 2000, Claude Donaway obtained automobile insurance for John Stroup by calling the Chip Everton Agency. During the discussion between Mr. Donaway and ‘ 34 wy Nw) the agency, the salesman arranged for coverage and was given a binder number for Mr. Stroup. Mr. Stroup never talked to an agent. 66. Mr. Donaway asked if Mr. Stroup were married, and told him that the insurance rates would be lower if he were. Mr. Stroup told him he was not married and didn’t want to do anything illegal in obtaining insurance. 67. — Mr. Stroup tried to pay the $212.00 down payment by check, but Mr. Donaway sid they only took case because they had had a large number of returned and/or bad checks. 68. On or about February 28, 2000, Mr. Stroup went to the agency on Bearss Avenud to complete the insurance paperwork. He was told by an agent of the Chip Everton Agency that thdy had not received the $212.00 down payment. The agent spoke to Claude Donaway, then produc¢d the necessary auto insurance paperwork for Mr. Stroup. 69. Inor about late March 2000, Mr. Stroup received a call from the Chip Everton Agency advising him that the Agency had not received his down payment and his policy was beihg cancelled. Mr. Stroup had to visit Mr. Donaway at Bond Auto Sales, who called the Chip Everton - Agency and again straighten out payment and coverage. 70. You, WALTER RUPERT EVERTON, III, violated your fiduciary duty | by improperly accounting for insurance premium funds, unlawfully sharing commissions, nd knowingly aided and assisted an unlicensed person to solicit and procure automobile insurance. IT IS THEREFORE CHARGED that you, WALTER RUPERT EVERTON, III, ahve violated or are accountable under the following provisions of the Florida Insurance Code and Rijles of the Department of Insurance which constitute grounds for the suspension or revocation of ypur licenses and appointments as an insurance agent: 35 WU Ne, (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, and 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 permit is willfully used, or to be used, to circumvent any of] the Tequirements or prohibitions of this code. [Section 626.61 1(4), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]; (d) Demonstrated lack of reasonably adequate knowledge and technical competenck to engage in the transactions authorized by the license or permit. [Section 626.611(8), Flotida Statutes]; (e) Fraudulent or dishonest practices in the conduct of business under the licens¢ or permit. [Section 626.611(9), Florida Statutes]; (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. [Section 626.61 1(10), Florida Statutes]; (g) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide his or her commission with another. [Section 626.61 1(11), Florida Statutes]; (h) Willful failure to comply with, or willful violation of, any proper order or rule ofithe department or willful violation of any provision of this code. [Section 626.611(13), Flotida Statutes]; 36 VU Ww (i) Violation of any provision of this code or of any other law applicable to the busiijess of insurance in the course of dealing under the license or permit. (Section 626.621(2), Florida Statutes]; qj) In the conduct of business under the license or permit, 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 to be a source of injury or loss to the public. [Section 626.621{6), Florida Statutes]; (kK) Knowingly aiding, assisting, procuring, advising, or abetting any person in 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]; (1) No person shall transact insurance in this state, or relative to a subject of insurahce resident, located, or to be performed in this state, without complying with the applicable provisipns of this code. [Section 624.11, Florida Statutes]. (m) With respect to any such insurance, no person shall, unless licensed as an agent: Solicit insurance or procure applications therefor; (b) In this state receive or receipt for any money on account of or for any insurer, or receive or receipt for money from other persons to transmitted to any insurer for a policy, contract, or certificate of insurance or any renewal ther¢of, although such policy, certificate, or contract is not signed by him or her as agent or representative of the insurer. [Section 626.04 1(2), Florida Statutes]. (n) _No person shall be, act as, or advertise or hold himself or herself out to be insurance agent, customer representative, solicitor, or adjuster unless he or she is currently licenged and appointed. [Section 626.112(1), Florida Statutes]. 37 the (a) be an U wa (0) 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. [Section 626.561(1), Flotida Statutes]. (p) An agent may divide or share in commissions only with his or her own employed solicitors and with other agents appointed and licensed to write the same kind or kinds of insurance, [Section 626.753(1)(a), Florida Statutes] (q) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to Sections 626.951 or 626.9561, F lorida Statutes, to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurande. [Section 626.9521(1), Florida Statutes] (r) The following are defined as unfair methods of competition and unfair or deceptive acts or practices: 1. Knowingly collecting any sum as a premium or charge for insurance, whichiis not then provided, or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as permitted by this code. 2. Knowingly collecting as a premium or charge for insurance any sum in excess of or less 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 policy. [Section 626.9541(1 \(), Florida Statutes] COUNT X 71. The above general allegations are hereby realleged and fully incorporated herein| by reference. 38 ww Med 72. On or about March 15, 2000, Lisa Hughes purchased an automobile from Bond Auto Sales, 10500 N. Florida Avenue, Tampa, Florida. 73. On or about March 15, 2000, Claude Donaway obtained automobile insurance fot Lisa Hughes by calling the Chip Everton Agency. During the discussion between Mr. Donaway and the agency, the salesman arranged for coverage and was given a binder number for Ms. Hughes Ms. Hughes paid Mr. Donaway $172.00 down payment in cash. 74. Subsequently, Ms. Hughes had an automobile accident. ‘The Chip Everton Agenty reported that it had never received the down payment money. 75, On or about April 12, 2000, Mr. Charles Vinson, Sales Manager, Bond Auto Sales wrote a check for $172.00 to Allstate Insurance Agency to pay for the automobile insurance of Lisa Hughes. 76. You, WALTER RUPERT EVERTON, III, violated your fiduciary duty improperly accounting for insurance premium funds, unlawfully sharing commissions, accepting short premium down payments, and knowingly aided and assisted an unlicensed person to soficit and procure automobile insurance. IT IS THEREFORE CHARGED that you, WALTER RUPERT EVERTON, III, in R violated or are accountable under the following provisions of the Florida Insurance Code and 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 > by es received by an agent, solicitor, or adjuster in transactions under his license shall be trust fundd so received by the licensee in a fiduciary capacity, and the licensee in the applicable regular cours¢ of WV Na, 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 permit is willfully used, or to be used, to circumvent any of] the requirements or prohibitions of this code. [Section 626.61 1(4), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the businesg of insurance. [Section 626.61 1(7), Florida Statutes]; (d) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or permit. [Section 626.611(8), Flotida Statutes]; (e) Fraudulent or dishonest practices in the conduct of business under the licensé or permit. [Section 626.611(9), Florida Statutes]; (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. [Section 626.61 1(10), Florida Statutes]; (g) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide his or her commission with another. [Section 626.611(11), Florida Statutes]; (h) Willful failure to comply with, or willful violation of, any proper order or rule offthe department or willful violation of any provision of this code. (Section 626.611(13), Flotida Statutes]; @ 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 permit. [Section 626.621(2), Flotida " Statutes]; 40 U Nw, Gg) In the conduct of business under the license or permit, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of this chapte having otherwise shown himself to be a source of injury or loss to the public. [Section sneal Florida Statutes]; (k) Knowingly aiding, assisting, procuring, advising, or abetting any person in violation of or to violate a provision of the insurance code or any order or rule of the departm [Section 626.621(12), Florida Statutes}; (6) No person shall transact insurance in this state, or relative to a subject of insurahce resident, located, or to be performed in this state, without complying with the applicable provisipns of this code. [Section 624.11, Florida Statutes]. (m) With respect to any such insurance, no person shall, unless licensed as an agent: Solicit insurance or procure applications therefor; (b) In this state receive or receipt for any motey on account of or for any insurer, or receive or receipt for money from other persons to or 6), (a) be transmitted to any insurer for a policy, contract, or certificate of insurance or any renewal ther ft, although such policy, certificate, or contract is not signed by him or her as agent or representative of the insurer. [Section 626.041 (2), Florida Statutes]. - (n) No person shall be, act as, or advertise or hold himself or herself out to be insurance agent, customer representative, solicitor, or adjuster unless he or she is currently licenfed and appointed. [Section 626.112(1), Florida Statutes]. an (0) 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. [Section 626.561(1), Florida Statutes]. 41 U VW (p) | An agent may divide or share in commissions only with his or her own employed solicitors and with other agents appointed and licensed to write the same kind or kinds of insurance. [Section 626.753(1)(a), Florida Statutes} (q) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to Sections 626.951 or 626.9561, Florida Statutes, to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurange. [Section 626.9521(1), Florida Statutes] (r) The following are defined as unfair methods of competition and unfair or deceptive acts or practices: 1. Knowingly collecting any sum as a premium or charge for insurance, which is not then provided, or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as permitted by this code. 2. Knowingly collecting as a premium or charge for insurance any sum in excess of or less 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 policy. [Section 626.9541(1)(0), Florida Statutes] COUNT XI - 77. The above general allegations are hereby realleged and fully incorporated herein| by reference. 72. In or about 1997, WALTER RUBERT EVERTON, III, purchased the book, business, from the Barbara Rice Agency. or 79. In or about January 1999, WALTER RUPERT EVERTON, III, hired Cory Hurlbert Waldron to manage the Barbara Rice Agency. 42 ww , YY i 80. Thereafter, until the present, Cory Hurbert Waldron consistently mi , ited automobile insurance policies in order to offer customers lower insurance rates, lower 1. payments, and lower monthly payments. 81. Cory Hubert Waldron accomplished this by using incorrect Allstate discount or élass codes. For example: he routinely rated (1) an insured as having a child when in fact none existed, (2) an insured as married when in fact the insured was single, and (3) the location of the automdbile as falsely being in a county with a lower insurance rate. f 82. You, WALTER RUPERT EVERTON, III, knew or using due diligence should have known that these acts of unfair methods of competition and/or deceptive practices were being ised k by agents of the Chip Everton Agency. IT IS THEREFORE CHARGED that you, WALTER RUPERT EVERTON, III, lave violated or are accountable under the following provisions of the Florida Insurance Code and Rliles 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, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity, and the licensee in the applicable regular course of : business shall account for and pay the same to the insurer, insured, or other person entitled topo [Section 626.561(1), Florida Statutes}; | E (b) If the license or permit is willfully used, or to be used, to circumvent any of ithe requirements or prohibitions of this code. [Section 626.61 1(4), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; 43 wy WV (d) Demonstrated lack of reasonably adequate knowledge and technical competente to engage in the transactions authorized by the license or permit. [Section 626.611(8), Florida Statutes}; (e) Fraudulent or dishonest practices in the conduct of business under the licenge or permit. [Section 626.61 1(9), Florida Statutes]; (ff) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business undef the license. [Section 626.611(10), Florida Statutes]; (g) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide his or her commission with another. [Section 626.61 1(11), Florida Statutes]: (h) Willful failure to comply with, or willful violation of, any proper order or rule of the Statutes]; ‘department or willful violation of any provision of this code. [Section 626.611(13), Fldrida (i) Violation of any provision of this code or of any other law applicable to the busihess of insurance in the course of dealing under the license or permit. [Section 626.621(2), Flarida Statutes]; - Q) In the conduct of business under the license or permit, 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 to be a source of injury or loss to the public. [Section 626.62 1(6), Florida Statutes]; (k) Knowingly aiding, assisting, procuring, advising, or abetting any person 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]; U VY : )) No person shail transact insurance in this state, or relative to a subject of insurance resident, located, or to be performed in this state, without complying with the applicable provisions of this code. [Section 624.11, Florida Statutes]. | (m) With respect to any such insurance, no person shail, unless licensed as an agent} (a) Solicit insurance or procure applications therefor; (b) In this state receive or receipt for any méney on account of or for any insurer, or receive or receipt for money from other persons to be transmitted to any insurer for a policy, contract, or certificate of insurance or any renewal theteof, although such policy, certificate, or contract is not signed by him or her as agent or representative of the insurer. [Section 626.041(2), Florida Statutes]. (n) No person shall be, act as, or advertise or hold himself or herself out to bé an insurance agent, customer representative, solicitor, or adjuster unless he or she is currently licensed and appointed. [Section 626.112(1), Florida Statutes]. (0) 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, [Section 626.561(1), Florida Statutes]. ° (p) An agent may divide or share in commissions only with his or her own employed solicitors and with other agents appointed and licensed to write the same kind or kinds of insurahce. [Section 626.753(1)(a), Florida Statutes] (q) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to Sections 626.951 or 626.9561, Florida Statutes, to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurange. [Section 626.9521(1), Florida Statutes] 45 VU Nw (r) The following are defined as unfair methods of competition and unfair or deceptive acts or practices: 1. Knowingly collecting any sum as a premium or charge for insurance, which is not then provided, or is not in due course to be provided, subject to acceptance of the risk by the| insurer, by an insurance policy issued by an insurer as permitted by this code. 2. Knowingly collecting as a premium or charge for insurance any sum in excess of or less than the premium ot charge applicable to such insurance, in accordance with the applicable classifications and rates ag filed with and approved by the department, and as specified in the policy. [Section 626.9541(1 )(o), Florida Statutes] COUNT XII 83. The above general allegations are hereby realleged and fully incorporated herein by reference. 84. From at least November 1998, Cecilia Marie Wise (a.k.a. Cecilia Wise Graham) worked for the Chip Everton Agency as office manager. 85. During this period, Cecilia Marie Wise accepted premiums in cash from auto dealer sales personnel in violation of Allstate policy that requires the use of checks or money orders; for the payment of premium. 86. Cecilia Marie Wise, as office manager, and WALTER RUPERT EVERTON, II, knew or using due diligence should have known, that other office personnel were accepting dash from auto dealer sales personnel. 87. During this period, Cecilia Marie Wise issued insurance binder numbers, accepting less money than the two month premium amount tequired by the Florida Insurance Code. [Section 627.7295(7), Florida Statutes}. 46 88. Cecilia Marie Wise as office manager, and WALTER RUBERT EVERTON, knew or using due diligence should have known that other office personnel were issuing binder numbers with less money than the required two months premium. t Ill, 89. During this period, Cecilia Marie Wise paid numerous auto dealer sales persohnel an illegal $25.00 referral fee. 90. Cecilia Marie Wise as office manager, and WALTER RUPERT EVERTON, III, knew or using due diligence should have known that other office personnel were also paying puto dealer sales personnel an illegal $25.00 referral fee. 91. During this period, Cecilia Wise routinely misrated auto insurance policies by rating trucks, vans, and sports utility vehicles as commercial vehicles when she knew, or using diligence, should have known that they were not commercial vehicles. idue 92. These intentional misratings lowered the insureds policy amount, down payment and monthly premium, so as to allow Cecilia Wise, to write that coverage to the exclusion of insurance agents who would correctly rate the risk and charge a correspondingly higher and correct premium. 93. You, WALTER RUPERT EVERTON, III, knew or using due diligence should C s known that these acts of unfair methods of competition and/or deceptive practices were being by agents of the Chip Everton Agency. ed IT IS THEREFORE CHARGED that you, WALTER RUPERT EVERTON, III, 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: 47 VW Ne] (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, and 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 permit 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) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]; (d) Demonstrated lack of reasonably adequate knowledge and technical competen¢e to engage in the transactions authorized by the license or permit. [Section 626.611(8), Fldrida Statutes]; (e) Fraudulent or dishonest practices in the conduct of business under the licenge or permit. [Section 626.61 1(9), Florida Statutes]; (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. [Section 626.611(10), Florida Statutes}; (g) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide his or her commission with another. {Section 626.611(11), Florida Statutes]; (h) Willful failure to comply with, or willful violation of, any proper order or rule off the department or willful violation of any provision of this code. [Section 626.61 1(13), Florida Statutes]; 48 WW Q/ @) Violation of any provision of this code or of any other law applicable to the busihess of insurance in the course of dealing under the license or permit. [Section 626.621(2), Flarida Statutes]; q) In the conduct of business under the license or permit, 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 to be a source of injury or loss to the public. [Section 626.621(6) ‘7 Florida Statutes]; (k) Knowingly aiding, assisting, procuring, advising, or abetting any person 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]; ()) No person shall transact insurance in this state, or relative to a subject of insurance resident, located, or to be performed in this state, without complying with the applicable provisions of this code. [Section 624.11, Florida Statutes}. (m) With respect to any such insurance, no person shall, unless licensed as an agent:, (a) Solicit insurance or procure applications therefor; (b) In this state receive or receipt for any money on account of or for any insurer, or receive or receipt for money from other persons to, be transmitted to any insurer for a policy, contract, or certificate of insurance or any renewal thertof, although such policy, certificate, or contract is not signed by him or her as agent or representative of the insurer. [Section 626.04 1(2), Florida Statutes]. (n) _No person shall be, act as, or advertise or hold himself or herself out to be an insurance agent, customer representative, solicitor, or adjuster unless he or she is currently licensed and appointed. [Section 626.112(1), Florida Statutes]. 49 VW wy) (0) 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 of her license are trust funds received by the licensee in a fiduciary capacity. [Section 626.561(1), Fldrida Statutes]. (p) An agent may divide or share in commissions only with his or her own emplayed Solicitors and with other agents appointed and licensed to write the same kind or kinds of insurahce. [Section 626.753(1)(a), Florida Statutes] (q) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to Sections 626.951 or 626.9561 . Florida Statutes, to be, an unfair method of competition ¢ or an unfair or deceptive act or practice involving the © business of insuran¢e. [Section 626.9521(1), Florida Statutes] (r) The following are defined as unfair methods of competition and unfair or deceptive acts or practices: 1. Knowingly collecting any sum as a premium or charge for insurance, whicH is not then provided, or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as permitted by this code. 2. Knowingly collecting as a premium or charge for insurance any sum in excess of or less 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 policy. [Section 626.9541 (1)(o), Florida Statutes] COUNT XII 94. | WALTER RUPERT EVERTON, III, is the person operating the Chip Everton Agency at 3046 W. Bearss Ave., Tampa, Florida 33618-1811. 50 wy) Nw 95. A primary agent is the licensed agent responsible for the hiring and supervisidn of all individuals within the agency location. i 96. You, WALTER RUPERT EVERTON III, did not designate a primary insurhnce agent for the Chip Everton Agency at 3046 W. Bearss Ave., Tampa, Florida 33618-1811 withih days of relocation as required by the Florida Insurance Code. [Section 626.592, Florida Statutgs]. 30 IT IS THEREFORE CHARGED that you. WALTER RUPERT EVERTON, III, have i 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) Each person operating an insurance agency and each location of a multiple loca agency shall designate a primary agent for each insurance agency location and shall file the nanje of the person so designated ... with the Department. [Section 626.592(1), Florida Statutes]. (b) Demonstrated lack of reasonably adequate knowledge and technical si to engage in the transactions authorized by the license or permit. [Section 626.611(8), Fl Statutes]; department or willful violation of any provision of this code. [Section 626.611(13), Fl Statutes]; (d) Violation of any provision of this code or of any other law applicable to the “T of insurance in the course of dealing under the license or permit. [Section 626.621(2), Flo Statutes]; (e) The primary agent in an unincorporated agency shall be responsible and ned for the acts of salaried employees under his or her direct supervision and control, while actin 51 rida (c) Willful failure to comply with, or willful violation of, any proper order or rule im ion da ess da on U YU | i i behalf of the agency. Nothing in this section shall be construed to render any person crimitly i liable or subject to any disciplinary proceedings for any act unless such person personally committed or knew or should have known of such act and of the facts constituting a violation ofthis chapter. [Section 626.592(5), Florida Statutes]. | i (f) An insurance agency location may not conduct the business of insurance unless a i primary agent is designated at all times. Failure to designate a primary agent, on a form prescribed by the department, within 30 days after agency inception or change of primary agent designation, constitutes grounds for requiring that the agency obtain a license in accordance with Sections 626.112 and 626.172. [Section 626.592(7), Florida Statutes]. (g) The following are defined as unfair methods of competition and unfair or deceptive | acts or practices: 1. Knowingly collecting any sum as a premium or charge for insurance, whict is not then provided, or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as permitted by this code. 2. Knowingly | collecting as a premium or charge for insurance any sum in excess of or less than the premium o charge applicable to such insurance, in accordance with the applicable classifications and rates filed with and approved by the department, and as specified in the policy. [Section 626.9541 (ib), Florida Statutes] WHEREFORE, you, WALTER RUPERT EVERTON, III, are hereby notified that ithe 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 provitied under the provisions of Sections 626.611, 626.621, 626.681, 626.691, and 626.9521, Floida i 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 or i} i 4 52 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 a right to request a hearing to contest this action by the Department. You may request a hearing by filing a Petition. The Petition must be in writing and signed by you. The Petition requesting a hearing must be directed to the General Counsel, acting as the Agency Clerk for the Department of Insurance. If you respond by U.S. Mail, the Petition 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 should be delivered to 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. The Petition must be received by the Department within twenty-one (21) days of the date of your receipt of this notice Mailing the Petition on the twenty-first day will not preserve your right to a hearing. YOUR FAILURE TO SO ENSURE THAT THE PETITION REPLYING TO THIS ADMINISTRATIVE COMPLAINT IS RECEIVED BY THE DEPARTMENT WITHIN TWENTY-ONE- (21) DAYS WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A HEARING ON THE MATTERS ALLEGED HEREIN AND AN’ ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. You may be entitled to a hearing on the proposed agency action pursuant to Sections 120.569 and 120.57, Florida Statutes. If the Petition requests a hearing, it must comply with all of the requirements of Rule 28-106, Florida Administrative Code, and must specifically contain: (a) The name and address of each agency affected and each agency's file or identification number, if known (See the Case No. on the Administrative Complaint); 53 (b) The name, address, and telephone number of the petitioner (For the purpose of requesting hearing in this matter, you are the “petitioner”.); the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial intere = 5’ aeiiaieeieinnd soeecce nnicenremmer ene so will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision ‘ (the Administrative Complaint to which your petition is responding); : | (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the | petitioner contends warrant reversal or modification of the agency's proposed action; ' ( A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action; and | (g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action. Your failure to substantially comply with any of those requirements will result in your petition being dismissed as provided for in Rule 28-106.201(4)F.A.C. ADDITIONAL RIGHTS j Ifa hearing of any type is requested, you have the right to hire an attorney to represent you, to testify in your own behalf, to call and to cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. 54 wy Nw] 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 shall 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 is not available, and no department attorney will discuss this matter with you until the Petition has been received by the Department of Insu: DONE and ORDERED this ¢ hy day of NOU ty BILL NELSON Treasurer and Insurance Commissioner we ye ne yy 55 U | fl | CERTIFICATE OF SERVICE i T HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIV COMPLAINT and NOTICE OF RIGHTS have been furnished by Certified Mail to: WALTE! RUPERT EVERTON , III, Chip Everton Agency, 3046 W. Bearss Avenue, Tampa, Florida 336]8- 1811, and to WALTER RUPERT EVERTON, III, 1304 Parrilla de Avila, Tampa, Florida 33613- 1037, this 7° _dayof__7-~< _, 2000. Michael H. Davidson, Esq. Wm. Fred Whitson, Esq. Florida Department of Insurance ne: ssnseoas //At, tenia see Senn ‘SENDER: FRED WHIT. "following setahator an extra 1D Jaooness"®® 2, seamen 2 i" Articlb Addressed to: ae 4a. Article Number P 979 O55 9a0 ONY || «78 OSS ABO WALTER RUPERT EVERTON, Ill 304 PARRILLA DE AVILA "AMPA, FLORIDA 33613-1037 8. Addressee'S Add and fee is:paid) ~ ‘ALTER RUPERT EVERTON, 4IP EVERTON AGENCY 146 W. BEARSS AVENUE AMPA, FLORIDA 33618-1811 Domestic Return ReGe® SENDERO26-00-AG /AQ_ FRED WHITSON ™- ee L *fMAEP, | also wish to recex Ep: FRED WHITSON — following service (for an v....a fee): 35026-00-AG 1.[_]2cenee** 2,[“]resmecren — insult postmaster Yor fee. : 4a. Article Number { t ! ( ! P9?9 732 54 00 WALTER RUPERT SVER ON, II (HIP EVERTON AGENCY 3046 W. BEARSS AVENUE ‘TAMPA, FLORIDA 336] 8-1811 3 i CERTIFIED —__eipt for ress (Only if requestedgi exe Mail Fi id Z and fee is paid) Signature: (Addressee or Agent} 3Form 381 1, September 1995 Domestic Return Recei

Docket for Case No: 00-002906PL