FILED ; SEP 12 2000 THE TREASURER OF THE STATE OF FLORIDA LY ft DEPARTMENT OF INSURANCE Dooketed by: ee BILL NELSON 06-4294 IN THE MATTER OF: CASE NO.: 35917-00-AG DAVID CHARLES DUBA / a ADMINISTRATIVE COMPLAINT ° xD eee ae TO: DAVID CHARLES DUBA — 1902 N Lakemont Ave. or Winter Park, FL 32792-2554 ~ FF cn Oe) You, DAVID CHARLES DUBA, are hereby notified that the Insurance Coriitpissiogpr of i) 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, DAVID CHARLES DUBA, are currently licensed in this state as a health agent and a life and variable annuity agent. 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance (hereinafter “Department”) has jurisdiction over your insurance licenses and appointments. 3. On or about August 12, 1986, in the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida, Case No. 85-2437 CFA, you, DAVID CHARLES DUBA, pled guilty to trafficking in a controlled substance, a felony. COUNT I 4. The above general allegations are realleged and fully incorporated-herein by reference. 5. On or about February 29, 2000, you, DAVID CHARLES DUBA, did swear to and sign an application for licensure as a health agent and a life and variable annuity agent. 6. On the aforementioned application, you, DAVID CHARLES DUBA, while under oath, and in response to the question: "Have you ever been convicted, found guilty, or pleaded guilty or nolo contendere to a crime punishable by imprisonment of one (1) year or more under the laws of any municipality, county, state, territory, or country, whether or not a judgment of conviction has been entered?”, did answer in the negative. 7. On the aforementioned application, you, DAVID CHARLES DUBA, while under oath, and in response to the question: "Have you ever been convicted, found guilty, or pleaded guilty or nolo contendere to a felony under the laws of any municipality, county, state, territory, or country, whether or not a judgment of conviction has been entered?”, did answer in the negative. 8. On the aforementioned application, you, DAVID CHARLES DUBA, in your answer to the above-referenced questions, knew or should have known that your responses to said questions were false and material misrepresentations of fact, based upon you previously having pleaded guilty to a felony. 9. Relying, in part, on your sworn denial of having pleaded guilty to any prior felony charges in your application for licensure, the Department did license you, DAVID CHARLES DUBA, as a health agent and a life and variable annuity agent on April 14, 2000. a, VU IT IS THEREFORE CHARGED that you, DAVID CHARLES DUBA, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and appointments: (a) Lack of one or more of the qualifications for the license or permit as specified in this code. [Section 626.611(1), Florida Statutes]; (b) Material misstatement, misrepresentation, or fraud in obtaining the license or permit or in attempting to obtain the license or permit. [Section 626.611(2), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. {Section 626.611(7), Florida Statutes]; (d) Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of this code. [Section 626.61 1(13), Florida Statutes]; (e) Having been found guilty of or having pleaded guilty or nolo contendere to a felony or a crime punishable by imprisonment of 1 year or more under the law of the United States or of any state thereof or under the law of any other country which involves moral turpitude, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases. [Section 626.611(14), Florida Statutes]; (f) Any cause for which issuance of the license or appointment could have been refused had it then existed and been known to the department. [Section 626.621(1), Florida Statutes]; (g) Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Section 626.621(2), Florida Statutes]; _—, Ne] (h) Having been found guilty of or having pleaded guilty or nolo contendere to a felony or acrime punishable by imprisonment of 1 year or more under the law of the United States or of any state thereof or under the law of any other country, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases. {Section 626.621(8), Florida Statutes]. WHEREFORE, you, DAVID CHARLES DUBA, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your licenses and appointments as an insurance agent or to impose such penalties as may be provided under the provisions of Sections 626.611, 626.621, 626.681, 626.691, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. NOTICE OF RIGHTS Pursuant to Sections 120.569 and 120.57, Florida Statutes and Rule 28-106, Florida Administrative Code (F.A.C.), you have a right to request a proceeding to contest this action by the Department. You may elect a proceeding by completing the attached Election of Rights form or filing a Petition. Your Petition or Election of a proceeding must be in writing and must be filed with the General Counsel acting as the Agency Clerk, Department of Insurance. If served by U.S. Mail the Petition or Election should be addressed to the Florida Department of Insurance at 612 Larson Building, Tallahassee, Florida 32399-0333. If Express Mail or hand delivery is utilized, the Petition or Election should be delivered to 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0300. The Petition or Election must be received by, and filed in the Department within twenty-one (21) days of the date of your receipt of this notice. _—, Nw] YOUR FAILURE TO RESPOND TO THIS ADMINISTRATIVE COMPLAINT WITHIN TWENTY-ONE (21) DAYS WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. Ifa proceeding is requested and there is no dispute of fact the provisions of Section 120.57(2), Florida Statutes would apply. In this regard you may submit oral or written evidence in opposition to the action taken by this agency or a written statement challenging the grounds upon which the agency has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary one will be conducted in Tallahassee, Florida or by telephonic conference call upon your request. If you dispute material facts which are the basis for this agency's action you may request a formal adversarial proceeding pursuant to Sections 120.569 and 120.5 7(1), Florida Statutes. If you request this type of proceeding, the request must comply with all of the requirements of Rule 28-106, F.A.C. and contain a) A statement identifying with particularity the allegations of the Department which you dispute and the nature of the dispute; b) An explanation of what relief you are seeking and believe you are entitled to; c) Any other information which you contend is material. These proceedings are held before a State administrative law judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere the Department will request that the hearing be conducted in Tallahassee. U U If a hearing is requested, you have the right to be represented by counsel, or other qualified representative, to take testimony, to call and to cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf. You are hereby notified that mediation under Section 120.573, Florida Statutes, is not available. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior correspondence in this matter shall be considered freeform agency action, and no such correspondence shall operate as a valid request for an administrative proceeding. Any request for administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. DATED and SIGNED this_/ 2 k, of Seplhem hecs2000. BILL NELSON Treasurer and Insurance Commissioner f CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to: DAVID CHARLES DUBA, 1902 N Lakemont Ave., Winter Park, FL 32792-2554; by Certified Mail this Le & day of d , 2000. WILLIAM W. Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 (850) 922-3110 Ext. 4110

Docket for Case No: 00-004294PL