Petitioner: DEPARTMENT OF INSURANCE
Respondent: WILLIAM FRANK STEVENS
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Financial Services
Locations: Port Charlotte, Florida
Filed: Aug. 30, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 11, 2001.
Latest Update: Dec. 23, 2024
THE TREASURER OF THE STATE OF FLORIDA
DEPARTMENT OF INSURANCE en
TOM GALLAGHER nae nmap
IN THE MATTER OF: O Laqdey DL
WILLIAM FRANK STEVENS CASE NO. 40998-01-AG
/
ADMINISTRATIVE COMPLAINT
TO: WILLIAM FRANK STEVENS
1260 Peppertree Lane
Port Charlotte, Florida 33952
WILLIAM FRANK STEVENS
22484 Sacramento Street
Port Charlotte, Florida 33952
YOU, WILLIAM FRANK STEVENS, are hereby notified that pursuant to Chapters 624 and
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 that:
GENERAL ALLEGATIONS
1. You, WILLIAM FRANK STEVENS, are currently licensed in this state as a life
insurance agent and life and health insurance agent.
2. At all times relevant to the dates and occurrences
alleged herein, you, WILLIAM FRANK STEVENS, were licensed in this state as an insurance agent.
3. Pursuant to Chapter 626, Florida Statutes, the Insurance Commissioner of the
State of Florida and the Department of Insurance has jurisdiction over your insurance licenses and your
eligibility for licensure and appointment.
. 4, At ail times relevant to the dates and occurrences alleged herein you, WILLIAM
FRANK STEVENS, were appointed as a life insurance agent to represent LifeUSA Insurance
Company.
COUNT I
5. The above General Allegations numbered one (1) through four (4) are hereby
realleged and fully incorporated herein by reference.
6. On or about December 2, 1998, you, WILLIAM FRANK STEVENS did
personally solicit the employees of the Anthony Williams Plumbing Company of Englewood, Florida,
for the purported purpose of setting up a private retirement savings plan.
7. Throughout your solicitation, you, WILLIAM FRANK STEVENS, concealed
the fact that you were selling a life insurance policy. Instead, through misleading statements, including
deceptive omissions, you caused the prospective applicants to believe that you were soliciting an
application for a retirement savings plan which each employee desired to purchase.
8. Based in part on your misleading and deceptive statements, employees Carol
Runyon, Anthony Fleming and Vincent Tiscio signed what each individual believed to be an
application for a retirement savings plan, but which was in fact an application for a LifeUSA life
insurance policy.
9. At no time pertinent to the dates and occurrences referred to herein did you,
WILLIAM FRANK STEVENS, disclose to Carol Runyon, Anthony Fleming and Vincent Tiscio that
you were soliciting a life insurance policy, nor did you disclose the terms, benefits and conditions of
the life insurance policy.
10. Your representations to the employees of Anthony Fleming Phimbing were false and a
material misstatement of fact. They would not have knowingly purchased the life insurance policy
except for your misleading and deceptive statements.
11. The misleading and deceptive statements were made by you for the purpose of
' obtaining a fee, commission, money or other benefit from LifeUSA Insurance Company. The
misleading and deceptive statements were made by you for the purpose of obtaining a fee, commission,
money or other benefit from-LifeUSA Insurance Company.
IT IS THEREFORE CHARGED that you, WILLIAM FRANK STEVENS, have
violated or are accountable under the following provisions of the Florida Insurance Code which
constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state:
(a) If the license or appointment is willfully used, or to be used, to circumvent any
of the requirements or prohibitions of this code. [Section 626.61 1(4), Florida Statutes]
(b) Willful misrepresentation of any insurance policy or annuity contract or willful
deception with regard to any such policy or contract, done either in person or by any form of
dissemination of information or advertising, [Section 626.611(5), Florida Statutes]
(c) Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance. [Section 626.611(7), Florida Statutes]
(d) Demonstrated lack of reasonably adequate knowledge and technical competence
to engage in the transactions authorized by the license or appointment. [Section 626.61 1(8), Florida
Statutes]
(e) Fraudulent or dishonest practices in the conduct of business under the license or
appointment. [Section 626.611(9), Florida Statutes]
# 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]
(g) Violation of any lawful order or rule of the department. [Section 626.621(3),
Florida Statutes]
(h) _ In the-conduct of business under the license or appointment, engaging in unfair
methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of this
chapter. [Section 626.621(6), Florida Statutes]
(i) Knowingly making, issuing, circulating, or causing to be made, issued, or circulated,
any estimate, illustration, circular, statement, sales presentation, omission, or comparison which
misrepresents the benefits, advantages, conditions, or terms of any insurance policy. [Section
626.9541(1)(a)1, Florida Statutes]
Gj) Knowingly making, issuing, circulating, or causing to be made, issued, or circulated,
any estimate, illustration, circular, statement, sales presentation, omission, or comparison which uses
any name or title of any insurance policy or class of insurance policies misrepresenting the true nature
thereof. [Section 626.9541(1)(a)5, Florida Statutes]
(k) Knowingly making, publishing, disseminating, circulating, or placing before the
public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed
before the public: in a newspaper, magazine, or other publication, in the form of a notice, circular,
pamphlet, letter or poster, over any radio or television station, or in any other way, an advertisement,
announcement, or statement containing any assertion, representation, or statement with respect to the
business of insurance, which is, deceptive or misleading. [Section 626.9541( 1)(b), Florida Statutes]
(1) 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]
(m) An agentshall inform the prospective purchaser, prior to commencing a life
insurance sales presentation, that he is acting as a life insurance agent and shall inform the prospective
purchaser of the full name of the insurance company which he is representing. In sales situations in
which an agent is not involved, the insurer shall identify its full name. [Section 626.99(5)(b), Florida
Statutes]
(n) Misrepresentations are declared to be unethical. No person shall make, issue,
circulate, or cause to be made, issued, or circulated, any estimate, circular, or statement
misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised ©
thereby or the dividends or share of the surplus to be received thereon, or make any false or misleading
statement as to the dividends or share of surplus previously paid on similar policies, or make any
misleading representation or any misrepresentation as to the financial condition of any insurer, or as to
the legal reserve system upon which any life insurer operates, or use any name or.title of any policy or
class of policies misrepresenting the true nature thereof. [Rule 4-9.005(1), Florida Administrative
Code]
(0) No person shali make, publish, disseminate, circulate, or place before the public, or
cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the
public, in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet,
letter or poster, or over any radio or television station, or in any other way, any advertisement,
announcement or statement containing any assertion, representation or statement with respect to the
business of insurance or with respect to any person in the conduct of his insurance business, which is
untrue, deceptive or misleading. [Rule 4-9.005(2), Florida Administrative Code]
WHEREFORE, you,-WILLIAM FRANK STEVENS, are hereby notified that the Insurance
Commissioner and Treasurer intends to enter an Order revoking or suspending your licenses and
eligibility for licensure or to impose such penalties as may be proper under the provisions of Sections
626.611, 626.621, and 626.681, and 626.691, Florida Statutes, under the procedures and rules set forth
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 US 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.
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 Section 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 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.
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 correspondencein 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 set out above.
DATED and SIGNED this day_ 17th of July 2001.
Lo ;
KENNEY SHIPLEY
Deputy Insurance Commissioner
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative
Complaint has been furnished by United States Certified Mail, Return Receipt Requested, to
WILLIAM FRANK STEVENS, at 1260 Peppertree Lane, Port Charlotte, FL 33952, and at 2248
Sacramento Street, Port Charlotte, FL 33952 this 17th day of July 2001.
rhe LB
(James A. Bossart, Esquire
Division of Legal Services
612 Larson Building
Tallahassee, Florida 32399-0333
(904) 922-3110, Ext. 4124
10
Docket for Case No: 01-003458PL
Issue Date |
Proceedings |
Jan. 29, 2002 |
(Joint) Pretrial Stipulation filed.
|
Dec. 11, 2001 |
Petitioner`s Motion to Reassume Jurisdiction and Re-Set Final Hearing filed.
|
Oct. 11, 2001 |
Order Closing File issued. CASE CLOSED.
|
Oct. 10, 2001 |
Motion to Relinquish Jurisdiction filed by Petitioner.
|
Sep. 10, 2001 |
Petitioner`s Response to Initial Order (filed via facsimile).
|
Sep. 10, 2001 |
Notice of Hearing issued (hearing set for October 19, 2001; 9:00 a.m.; Port Charlotte, FL).
|
Sep. 10, 2001 |
Order of Pre-hearing Instructions issued.
|
Aug. 31, 2001 |
Initial Order issued.
|
Aug. 30, 2001 |
Election of Rights filed.
|
Aug. 30, 2001 |
Administrative Complaint filed.
|
Aug. 30, 2001 |
Agency referral filed.
|