FILED JAN 2 2001 Co THE TREASURER OF THE STATE OF FLORID DEPARTMENT OF INSURANCE BILL NELSON ab O\-O2AL . IN THE MATTER OF: ra) rmyy oo PAUL ANTHONY VENTURELLI CASE NO: 33664-00-AG / ADMINISTRATIVE COMPLAINT TO: PAUL ANTHONY VENTURELLI 3975 August Drive Lake Worth, Florida 33461-3263 PAUL ANTHONY VENTURELLI 4604 Forest Hill Boulevard, Suite 1 West Palm Beach, Florida 33415-5640 PAUL ANTHONY VENTURELLI Post Office Box 5299 Lake Worth, Florida 33466-5299 PAUL ANTHONY VENTURELLI 246 Arlington Road West Palm Beach, FL 33405-5012 You, PAUL ANTHONY VENTURELLI, are hereby notified that the Insurance Commissioner of the State of Florida (also referred to herein as the “Department”) has investigated 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, PAUL ANTHONY VENTURELLI, are currently licensed in this state as a health agent, and a general lines agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, PAUL ANTHONY VENTURELLI, were licensed in this state as an insurance agent. 3. Pursuant to Chapter 626, Florida Statutes, the Department has jurisdiction over your insurance licenses and appointments. 4. At all times pertinent to the dates and occurrences referred to herein, you, PAUL ANTHONY VENTURELLI, were an officer or director of Atlantic Insurance Services, Inc., d/b/a City Insurance Services. 5. At all times pertinent to the dates and occurrences referred to herein, you, PAUL ANTHONY VENTURELL|, were an officer or director of City Insurance Services, Inc. COUNT I 6. The above general allegations are hereby realleged and fully incorporated herein by reference. 7. On or about January 29, 1997, Thomas Mounts purchased automobile insurance from Atlantic Insurance Services, Inc., d/b/a City Insurance Services. 8. Mr. Mounts paid Respondent, Agent Venturelli , $1,021.00 (one thousand and twenty one dollars) as payment in fuil for the annual insurance premium at that time. 9. Mr. Mount's insurance coverage was placed with Delta Casualty Insurance Company and Commercial Casualty Insurance Company of Georgia for the period January 29, 1997 through January 29, 1998. 10. On or about August 25, 1997, Commercial Casualty Insurance Company of Georgia issued a refund check to Atlantic Insurance Services, Inc., in the amount of $211.65 (two hundred and eleven dollars and sixty five cents) for unearned premium on Mr. Mount’s policy. 11. You, PAUL ANTHONY VENTURELLI, failed to remit the monies received from Commercial Casualty Insurance Company of Georgia to Mr. Mounts in the applicable regular course of business. 12. Onor about May 23, 1997, Delta insurance Company refunded $347.65 (three hundred forty seven dollars and sixty five cents) to Atlantic Insurance Services, Inc., for unearned premium on Mr. Mount'’s policy. 13. You, PAUL ANTHONY VENTURELLI, failed to remit the monies received from Delta Insurance Company to Mr. Mounts in the applicable regular course of business. IT IS THEREFORE CHARGED that you, PAUL ANTHONY VENTURELLI, 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) | 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] (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes] (d) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license or appointment. [Section 626.611(10), Florida Statutes] (e) 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] WHEREFORE, you, PAUL ANTHONY VENTURELLI, 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. You are further notified that any order entered in this case revoking or 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 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 A DEFAULT ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. If a proceeding is requested and there is no dispute of fact the provisions of Section 120.57(2), Florida Statutes would apply. In this regard you may submit oral or written evidence in opposition to the action taken by this agency or a written statement challenging the grounds upon which the agency has relied. While a hearing is normally not required in the absence 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 120.57(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 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. 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 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 shail 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 a ne as set out above. DATED and SIGNED this < day of , Lee U ILL NELSON Treasurer and Insurance Commissioner CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint was furnished by Certified U.S. Mail to: PAUL ANTHONY VENTURELLI, 3975 August Drive, Lake Worth, FL 33461-3263; PAUL ANTHONY VENTURELLI, 246 Arlington Road, West Palm Beach, FL 33405-5012; PAUL ANTHONY VENTURELLI, P.O. Box 5299, Lake Worth, FL 33466-5299; and PAUL ANTHONY VENTURELLI, c/o Atlantic Insurance Service, Inc,, 4604 Forest Hill Boot #1, West Palm Beach, FL 33415-5640 thig2--X day of fo te DA David W. Nam, Senior Attorney Division of Legal Services 612 Larson Building Tallahassee, FL 32399-0333 (850) 413-4134

Docket for Case No: 01-000592PL