JUN 6 2001 TREASURER AND THE TREASURER OF THE STATE OF FLORIDA wou PaCS ON Docketed by: DEPARTMENT OF INSURANCE ua TOM GALLAGHER 01-2001 FL IN THE MATTER OF: JOEL MOSKOWITZ CASE NO.: 42062-01-AG ADMINISTRATIVE COMPLAINT TO: JOEL MOSKOWITZ 2644 Bent Hickory Circle Longwood, Florida 32779-3664 JOEL MOSKOWITZ 405 Douglas Avefiue, Suite 1855B Altamonte Springs, Florida 32714-2572 You, J OEL MOSKOWITZ, are hereby notified that, pursuant to Chapter 626, Florida Statutes, 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, at all times pertinent to the dates and occurrences referred to herein, you, JOEL MOSKOWITZ, were licensed in this state as a life and health insurance agent, License No. A185675._ | . 2. At all times pertinent to the dates and occurrences referred to herein, you, J ont MOSKOWITZ, were licensed in this state as an insurance agent. 3. During the years 1997 through 1998 and thereafter, you, JOEL MOSKOWITZ, knowingly prepared and submitted numerous false and fraudulent written representations with life insurance applications to an insurer for the purpose of obtaining agent commissions therefor. 4. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance licenses and appointments. COUNT I 5. The above general allegations are realleged and incorporated here and fully by reference. 6. That on or about October 1, 1998, you, JOEL MOSKOWITZ, submitted an application for life insurance coverage in behalf of Carol Austin to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. If the applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a an test, or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements, you, JOEL MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said Caro! Austin had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. ! 7. ITIS THEREFORE CHARGED, that you, JOEL MOSKOWITZ, have violated - and 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 eligibility as an insurance agent: (a) | Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)(1), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]; (d) Willful failure to comply with, or willful violation of, any proper order or tule of the department or willful violation of any provision of this code. [Section 626.61 1013), : Florida Statutes]. COUNT II 8. The above general allegations are realleged and incorporated here and fully by reference. 3. That on or or about November 10, 1998, you, JOEL MOSKOWITZ, submitted an / application for life insurance coverage in behalf of Robert Kay ‘Lumpkin t to > CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully’ underwritten policy from an eligible carrier within the last three years with a face amount lesser ~ “than or equal to the face amount to the CNA policy applied for. If the applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission A eimai SAECO upon issuance. In order to meet such requirements, you, JOEL MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said Robert --Kay Lumpkin had a previous life insurance issued through Jackson National Life Insurance ~ Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 10. ITIS THEREFORE CHARGED, that you, JOEL MOSKOWITZ, have violated and 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 eligibility as an insurance agent: (a) | Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the "purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, én or individual. [Section 626.9541(1)(k)(1), Florida Statutes]; (b) | Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes], (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 10), Florida Statutes) (d) Willful failure t 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]. COUNT Ii 11. The above general allegations are realleged and incorporated here and fully by reference. ee ete eee ea OI 12. That in or about November 27, 1998, you, JOEL MOSKOWITZ, submitted an application for life insurance coverage in behalf of Keith John Germain to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. If the applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, ~ or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements, you, JOEL MOSKOWITZ, knowingly . prepared and submitted false and fraudulent documentation to CNA reflecting the said Keith John Germain had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA __Insurance Company under the application submitted, 13. ITIS THEREFORE CHARGED, that you, J OEL MOSKOWITZ, have violated = and 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 SSN licenses and eligibility as an insurance agent: (a) Knowingly making a false or fraudulent written or oral statement or epresentation 0 on, or r relative t to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from # any insurer, agent, broker, . of individual, [Seaton 626, 9541(1)00(), Florida Statutes); i ‘Demonstrated lack of fitness or trustworthiness t to engage in ‘the business i of insurance. [Section 62661 (7), Florida Statutes]; cagenep gen se RI (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes}; (d) Willful failure to comply with, or willful violation of, any proper order or tule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]. COUNT IV 14. The above general allegations are realleged and incorporated here and fully by ~ reference. 15, That on or about June 12, 1997, you, JOEL MOSKOWITZ, submitted an application for life insurance coverage in behalf of Robert Emanuel Jones to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. If the applicant met these _ requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements, you, JOEL MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said Robert . Emanuel J ones had a previous life insurance issued through Jackson National Life Insurance ~ “Company which was intended by you to qualify him for the policy to be issued Py CNA «e+ Insurance Company under the application submitted., -16. . IT Is THEREFORE CHARGED, that you, JOEL MOSKOWITZ, have violated ‘and 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 eligibility as an insurance agent: (a) Knowingly making a false or fraudulent written or oral statement or : ‘representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)(1), Florida Statutes]; (b) | Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; “d) Willful failure to comply with, or willful violation of, any proper order or tule of the department or willful violation of any provision of this code. [Section 626.61 1(13), ; Florida Statutes]. COUNT V 17. The above general allegations are realleged and incorporated here and fully by reference. _ oe 1 8. - That on or about May 5, 1997, you, JOEL MOSKOWITZ, submitted an ~ application for life iigiinée boverage in behalf of Anthony E. McFarlane to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully | underwritten policy from an eligible carrier within the last three years with a face amount lesset than or equal to the face amount to the CNA policy applied for. If the applicant met these | requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements you, JOEL MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said Anthony E. McFarlane had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 19. ITIS THEREFORE CHARGED, that you, JOEL MOSKOWITZ, have violated and 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 eligibility as an insurance agent: (a) | Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)(1), Florida Statutes]; (b) | Demonstrated 'lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes], (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), 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]. | ~ COUNT VI 20. The above general allegations are realleged and incorporated here and fully by reference. gees oe eee 21. That on or about November 20, 1998, you, JOEL MOSKOWITZ, submitted an application for life insurance coverage in behalf of Larry W. Crigger to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. Ifthe applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements, you, JOEL MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said Larry W. Crigger had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 22. ITIS THEREFORE CHARGED, that you, JOEL MOSKOWITZ, have violated and 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 eligibility as an insurance agent: (a) Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(K)(1), Florida Statutes]; “(b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; cooper ea (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (d) —- Willful failure to comply with, or willful violation of, any proper order or tule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]. COUNT VII 23. The above general allegations are realleged and incorporated here and fully by reference. 24. That on or about February 13, 1997, you, JOEL MOSKOWITZ, submitted an application for life insurance coverage in behalf of Semone H. Scantlebury to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser , than or equal to the face amount to the CNA policy applied for. If the applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements, you, JOEL MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said Seimone “HL Scantlebury had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 25. IT IS THEREFORE CHARGED, that you, JOEL MOSKOWITZ, have violated and are accountable under the following provisions of the Florida Insurance Code and Rules of 10 A the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and eligibility as an insurance agent: (a) Knowingly making a false or fraudulent written or oral statement or " representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(K)(1), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), 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]. COUNT VIII 26. The above general allegations are realleged and incorporated here and fully by reference. “27. That 0 on or about March 21, 1997, you, JOEL MOSKOWITZ, submitted an in bebalt of Dis ie to CNA Insurance Company. Eligibility for such insurance coverage required the applicant t to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. If the applicant met these — requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission \ ll copeere upon issuance. In order to meet such requirements, you, JOEL MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said Dixie Elaine Caskey had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 28. IT IS THEREFORE CHARGED, that you, JOEL MOSKOWITZ, have violated and 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 eligibility as an insurance agent: (a) Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the - purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)(1), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (d) Willful failure to comply with, or willful violation of, any proper order or tule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes) 7 oo COUNT IX 29. The above general allegations are realleged and incorporated here and fully by reference. 12 ie oe emer 30. That on or about September 30, 1998, you, JOEL MOSKOWITZ, submitted an application for life insurance coverage in behalf of Samuel Lee Brummitt to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. Ifthe applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements, you, JOEL MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said Samuel Lee Brummitt had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 31. ITIS THEREFORE CHARGED, that you, JOEL MOSKOWITZ, have violated and 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 eligibility as an insurance agent: (a) | Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the _ purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)(1), Florida Statutes}; “...(b) ~~ Demonstrated lack of fitness or trustworthiness to engage in the business . { of insurance. [Section 626.611(7), Florida Statutes]; 13 en ro (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), 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]. COUNT X 32. The above general allegations are realleged and incorporated here and fully by reference. ; 33. That on or about May 19, 1998, you, JOEL MOSKOWITZ, submitted an application for life insurance coverage in behalf of James F. Boice to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. If the applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission upon issuance. In order to meet such requirements, you, JOEL MOSKOWITZ, knowingly prepared alse and fraudulent documentation to CN. A reflecting the said James F. Boice had a previous | life i insurance issued through J jackson National Life Insurance Company which was intended by you to cua him for the policy to be issued by CNA Insurance Company under the application submitted. - 34 Ir 1s THEREFORE CHARGED, that j you, J OEL MOSKOWITZ, have violated and are accountable under the following provisions of the Florida Insurance Code and Rules of, 14 the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and eligibility as an insurance agent: (a) Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)(1), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), 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]. COUNT XI 35. The above general allegations are realleged and incorporated here and fully by reference. 36. That on or about February 17, 1997, you, JOEL MOSKOWITZ, submitted an application for life insurance coverage in behalf of Gregory E. Sims to CNA Insurance Company. Eligibility for such insurance coverage required the applicant to have issued a fully | underwritten policy from an eligible carrier within the last three years with a face amount lesser than or equal to the face amount to the CNA policy applied for. If the applicant met these requirements they could obtain a CNA policy without a medical exam, a blood test, a urine test, or financial information and agents who submitted such application were given full commission 15 seg oe upon issuance. In order to meet such requirements, you, JOEL MOSKOWITZ, knowingly prepared and submitted false and fraudulent documentation to CNA reflecting the said Gregory E. Sims had a previous life insurance issued through Jackson National Life Insurance Company which was intended by you to qualify him for the policy to be issued by CNA Insurance Company under the application submitted. 37. IT IS THEREFORE CHARGED, that you, JOEL MOSKOWITZ, have violated and 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 eligibility as an insurance agent: (a) | Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)(1), Florida Statutes]; (b) ~~ Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. {Section 626.61 10), Florida Statutes], @ Willful failure to ‘comply with, or willful violation of any proper x order rot tule of the department oF ‘willful violation ‘of any provision of this code. [Section 626.61 113), Florida Statutes}. WHEREFORE, you, JOEL MOSKOWITZ, are hereby notified that the Treasurer and | Insurance Commissioner intends to enter an Order suspending or revoking your licenses and eligibility for licensure as an insurance agent or to impose such lesser penalties as may be 16 i i i i ae ails i ill a i provided under the provisions of Chapter 626, 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 i in n the Department within twenty-one (21) days of the date of your receipt of this notice. : YOUR FAILURE TO RESPOND 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 i is Tequested and there i is no So dispute of fact the provisions of Section 120. 512), Florida Statutes would apply. In this regard you may y submit oral or written eviderice in ‘opposition t to 5 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 17 we oR eee gee eT dispute in 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) Anexplanation 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. You. at are hereby notified that mediation under Section 120.573, Florida Statutes, is not available. — ~ Failure to follow w the procedure outlined with regard to your response to this notice may result in the > request being denied. All prior correspondence in this t 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 18 of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. DATED and SIGNED this \o _dayof DUNE _, 2001. 19 DEPARTMENT OF INSURANCE DIVISION OF LEGAL SERVICES woeweewe