FILED NOV 22 2000 THE TREASURER OF THE STATE OF FLORIDA Insurer easurer ane on DEPARTMENT OF INSURANCE Docketed by: ‘B. BILL NELSON 00-2107 eL IN THE MATTER OF: CASE NO.: 33364-99-AG JACK THEODORE KEENA / ADMINISTRATIVE COMPLAINT TO: JACK THEODORE KEENA 220 Cambridge Drive Te st Longwood, FL 32779-5736 < - You, JACK THEODORE KEENA, are hereby notified that the [ nsurance 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 I. Pursuant to Chapter 626, Florida Statutes, you, JACK THEODORE KEENA, are currently licensed in this State as a lite and health agent and a general lines agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, JACK THEODORE KEENA, were licensed in this State as a life and health agent and a general lines agent, and currently hold License Number A138116. 3, Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance licenses and appointments. COUNT I 4. All statements, claims and allegations of Paragraphs | through 3, inclusive, are incorporated by reference. 5. In or about September, 1997, you, JACK THEODORE KEENA, purchased Independence Insurance Services, Inc. (hereafter, “independence”, an insurance agency located in Orlando, Florida, from one, Kimberly Jo Jacobs (hereafter, “Jacobs”). Thereafier, you became, and at all times material hereto served as, the primary agent of Independence within the meaning of Section 626.592, Florida Statutes. 6. At or about the time that you, JACK THEODORE KEENA, purchased Independence from Jacobs, she informed you that her Florida insurance license was going to be suspended. In fact, Jacobs’ Florida insurance license was revoked on or about September 30, 1997. 7. In or about September, 1997, you, JACK THEODORE KEENA, employed Jacobs as the office manager for Independence. In furtherance of that employment, you, JACK THEODORE KEENA, authorized and empowered Jacobs to be a signatory to the bank account(s) for Independence. Thereafter, and notwithstanding the revocation of her insurance licenses, you allowed Jacobs to remain as office manager until approximately May, 1999, when her employment ceased. 8. Section 626.641(4), Florida Statutes, states: During the period of suspension or revocation of the license or appointment, the former licensee or appointee shall not engage in or attempt or profess to engage in any transaction or business for which a license or appointment is required under ‘this code or directly or indirectly own, control, or be employed in any manner by any insurance agent or agency or adjuster or adjusting firm. 9. You, JACK THEODORE KEENA, permitted Jacobs to transact insurance without a license by, inter alia, permitting her to. advise consumers as to their insurance needs or matters; to compare insurance products; and to interpret policies or coverages. Additionally, you, JACK THEODORE KEENA, permitted Jacobs to bind new, additional, or replacement 2 coverage for new or existing customers. You permitted all such activities by Jacobs to occur during times that included the period of her suspension. 10. During the period that Independence continued to employ Jacobs while her license was revoked, she: (a) _ procured or otherwise arranged for the financing of the same insurance policies by multiple premium finance companies, and failed to forward the premiums sent by cach premium finance company to the respective insurance companies, instead, converting the funds to her own use; (b) failed to remit down payments paid by Independence customers to any insurance companies, instead converting those funds to her own use; (c) forged signatures on applications, insurance agency checks, and premium finance agreements; and (d) converted to her own use all funds from Independence’s bank account(s). IT IS THEREFORE CHARGED that you, JACK THEODORE KEENA, 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, registrations, and appointments as an insurance agent: (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (b) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 626.611(8), Florida Statutes]; and (c) 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. WHEREFORE, you, JACK THEODORE KEENA, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order revoking your licenses, registrations, and appointments as an insurance agent, or to impose such lesser penalties as may be provided by Sections 626.611, 626.621, 626.681, 626.691, and 626.9521, Florida Statutes, aid under such other provisions of law as set forth herein. NOTICE OF RIGHTS Pursuant to Section 120.57, Florida Statutes and Rule 28-106, Florida Administrative Code (F.A.C.), you have the right to request a proceeding to contest this action by the Department. You may elect a proceeding by completing the attached Election of Rights form or filing a Petition. Your Petition or Election of a proceeding must be in writing and must be filed with the General Counsel acting as the Agency Clerk,-Department of Insurance. If served by U.S. Mail the Petition or Election should be addressed to the Florida Department of Insurance at 612 Larson Building, Tallahassee, Florida 32399-0333. If Express Mail or hand delivery is utilized, the Petition or Election should be delivered to 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. The Petition or Election must be received by, and filed in the Department within twenty-one (21) days of the date of your receipt of this notice. YOUR FAILURE TO RESPOND TO THIS ADMINISTRATIVE COMPLAINT WITHIN TWENTY-ONE (21) DAYS WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. If a proceeding is requested and there is no dispute of fact the provisions of Section 120.57(2), Florida Statutes would apply. In this regard you may submit oral or written evidence 4 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 T allahassee, 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 Section and 120.57(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 dispufe and the nature of the dispute; b) An explanation of what re‘ief you are seeking and believe you are entitled to; c) Any other information which you contend is material. These proceedings are held before the State administrative law judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, If you request a hearing, you have the right to be represented by counsel, or other qualified representative, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf. Pursuant to Section 120.573, Florida Statutes, you are hereby notified that mediation is not available. Failure to follow the procedure outlined with regaré to your response to this notice may result in the request being denied. All prior correspondence in-shis matter shall be considered freeform agency action, and no such correspondence sha‘’ onerate 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 . 22ndlay of Noyember _, 2000. ee ILL NELSON Treasurer and Insurance Commissioner SOMBN LIT yy _ \ i t CERTIFICATE OF SERVICE SBP aay bl VU TEC 12 pee a, I HEREBY CERTIFY that a true and correct copy of the foregoing ‘A difinksthatives J Complaint has been sent by U.S. Certified Mail to: JACK THEODORE NENA 220. Cambridge Drive, Longwood. FL 32779-5736 this 22nd day of NoweiiHe -Luke S. Brown Senior Attorney Fla. Bar No.: 279390 Florida Department of Insurance Division of Legal Services 200 East Gaines Street 612 Larson Building Tallahassee, FL 32399-0333 (850) 413-4118 TO sack Tuedpore kets 7 220 CAMBRIDGE DR LONGWOOD FL 32779-5736 SENDER: Luke ho Esq REFERENCE: 33364-99-AG:11/22/00:AC RETURN RECEIPT SERVICE Total Postage and Fees US Postal Service POSTMARK OR DATE Receipt for ; / Certified Mail | | ' / 22 / oe “No Insurance Coverage Provided * Bo not use for International Mail

Docket for Case No: 00-005102PL