FILED ClMava, ! , DEC 28 19 THE TREASURER OF THE STATE OF Fook Tithe eC 9 DEPARTMENT OF INSURANCES) OF YL, oh BILL NELSON HEERIS TD avy, Dooketed byt £ ED IN THE MATTER OF: CASE NO.: 33188-99-AG SOUTH FLORIDA TITLE CORP. Ol-[70Y ADMINISTRATIVE COMPLAINT TO: SOUTH FLORIDA TITLE CORPORATION 2709 E. Oakland Park Boulevard Fort Lauderdale, FL 33306-1604 You, SOUTH FLORIDA TITLE CORP., 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, SOUTH FLORIDA TITLE CORP., are currently licensed in this state as a title agency. 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance license and appointments. 3. On or about May 31, 1991, in the Circuit Court of Broward County, Florida, case No. 9002596CF10A, you, Stephene Pangallo (Cika), an officer of SOUTH FLORIDA TITLE CORP., pled nolo contendere to one (1) count of criminal mischief over $1000, a felony, in violation of F.S. 806.13(1)(a)3. COUNT I 4. The above general allegations are hereby realleged and fully incorporated herein by reference. 5. On or about F ebruary 23, 1999, you, Paul Rubeo, as authorized official for the SOUTH FLORIDA TITLE CORP., did swear to and sign an application on behalf of SOUTH _ FLORIDA TITLE CORP. 6. On the aforementioned application, you, Paul Rubeo as authorized official for SOUTH FLORIDA TITLE CORP., while under oath, and in response to the question: "Have any of the aforementioned owners, officers or directors of your agency ever been convicted of or pleaded guilty or no contest to a crime involving moral turpitude, or a felony, or a crime punishable by imprisonment of one (1) year or more under the law of any state, territory or country, whether or not a judgment or conviction has been entered?" did answer in the negative. 7. On the aforementioned application, you, SOUTH FLORIDA TITLE CORP., in your answer to the above-referenced question, knew or should have known that your response to said question was false and a material misrepresentation of fact, based upon one of your officers having pled nolo contendere to a previous felony charge, as aforementioned in paragraph three (3). 8. On the aforementioned application, you, SOUTH FLORIDA TITLE CORP., failed to provide the information requested by the Department regarding your prior felony charge, to wit: the dates of the conviction or plea, the crime with which you were charged, the date of the charge, the name and address of the court involved, how you pleaded to the charge, whether or not you were convicted, whether or not adjudication was withheld, a brief description of the nature of the offense charged, and certified copies of the information or indictment and final adjudication for each charge. 9. Relying, in part, on your sworn denial of any officers having pled guilty to any prior felony charges, the Department did license you, SOUTH FLORIDA TITLE CORP., as a title agency on March 16, 1999. . IT IS THEREFORE CHARGED that you, SOUTH FLORIDA TITLE CORP., 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), F lorida 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 626.611(13), Florida Statutes]; (e) Material misstatement, misrepresentation, or fraud in obtaining the license or permit or in attempting to obtain the license or permit. [Section 626.8437(2), Florida Statutes]; (f) Demonstrated lack of fitness or trustworthiness to represent a title insurer in the issuance of its commitments, binders, policies of title insurance, or guarantees of title. [Section 626.8437(4), Florida Statutes]; (e) The licensee if an individual, or the partners if a partnership, or owner if a sole proprietorship, or the officers if a corporation, 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 626.8437(10), Florida Statutes]; (6) Any cause for which issuance of the license or permit could have been refused had it .. then existed and been known to the department. [Section 626.844(1), Florida Statutes]; (g) The licensee if an individual, or the partners if a partnership, or owner if a sole proprietorship, or the officers if a corporation, 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, without regard to whether a judgment of conviction has been entered by the court having Jurisdiction of such cases. [Section 626.8437(10), Florida Statutes]; WHEREFORE, you, SOUTH FLORIDA TITLE CORP., are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your "licenses and appointments as an insurance agency or to impose such penalties as may be provided under the provisions of Sections 626.611, 626.621, 626.681, 626.691, 626.9521, 626.8437, 626.844, 626.8457, and 626.846 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 Chapter 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. YOUR FAILURE TO RESPOND TO THIS ADMINISTRATIVE COMPLAINT WITHIN TWENTY-ONE (21) DAYS WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A ' PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. If a proceeding is requested and there is no dispute of fact the provisions of Section 120.57(2), Florida Statutes would apply. In this regard you may submit oral or written evidence in opposition to the action taken by this agency or a written statement challenging the grounds upon which the agency has relied. While a hearing is normally not required in the absence 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 Chapter 28-106, F.A.C. and contain a) A statement identifying with particularity. the allegations of the Department which you dispute and the nature of the dispute; b) An explanation of what relief you are seeking and believe you are entitled to; 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'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 a 3 wl of L LOL EN Le , 1999. L SON Treasurer and Insurance Commissioner DEPARTMENT OF INSURANCE DIVISION OF LEGAL SERVICES IN THE MATTER OF: SOUTH FLORIDA TITLE CORP. / ELECTION OF RIGHTS I have received and have read the Administrative Complaint filed against me including the Notice of Rights contained therein and I understand my options. I am requesting disposition of this matter as indicated below. (Choose One) 1. [-] Ido not desire a proceeding. The Department may enter a final order revoking my license(s). 2. I do not dispute any of the Department’s factual allegations and I hereby elect an informal proceeding to be conducted in accordance with section 120.57(2), Florida Statutes, In this regard, I desire to (Choose One): CJ submit a written statement and documentary evidence; (attend an informa! hearing to be held in Tallahassee; or ([] attend an informal hearing by way of a telephone conference call. 3. [J Ido dispute the Department’s factual allegations. I have attached to this form a statement indicating the specific issues of fact which are disputed and other required information indicated in the Notice of Rights. I hereby request a formal adversarial proceeding pursuant to sections 120.569 and 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. DATE: Signature of Petitioner TO PRESERVE YOUR RIGHT TO A Name: PROCEEDING, YOU MUST RETURN THIS FORM WITHIN TWENTY-ONE (21) DAYS Address: OF RECEIPT TO THE DEPARTMENT OF INSURANCE AT THE ADDRESS INDICATED IN THE NOTICE OF RIGHTS. Phone: CERTIFICATE OF SERVICE IT HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to: SOUTH FLORIDA TITLE CORP., 2709 E. Oakland Park Blvd., Fort Lauderdale, FL 33306-1604 by Ae Certified Mail this_ 23 ~~ day of , 1999, Wltak Cree ha, PATRICK CREEHAN Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-033 (850) 922-3110 Ext. 4189 -

Docket for Case No: 01-001864