FILED JUL 29 2001 ThEASIRER mesure UoeseTlonen Docketed by iC THE TREASURER OF THE STATE OF FLORIDA ’ DEPARTMENT OF INSURANCE Tom GALLAGHER (© |-BU TPL IN THE MATTER OF: 8 . 2. TAMARIAN CLARETHA SMITH CASE NO. : 42237-01-AG et / m0 ADMINISTRATIVE COMPLAINT TO: TAMARIAN CLARETHA SMITH P.O. Box 5325 Lighthouse Point, Florida 33074-5325 TAMARIAN CLARETHA SMITH Capital Security Insurance 4760 N. State Road 7, Ste. A Ft. Lauderdale, Florida 33319-5860 You, TAMARIAN CLARETHA SMITH, license 1D. #4247809, 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, TAMARIAN CLARETHA SMITH, are currently licensed in this state as a life and health agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, TAMARIAN CLARETHA SMITH, were licensed in this state as a life and health agent. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance (hereinafter referred to as “Department”) has jurisdiction over your insurance license and appointments. 4, At all times relevant to the dates and occurrences referred to herein you, TAMARIAN CLARETHA SMITH, were an agent of Monumental Life Insurance Co. 5. At all times relevant to the dates and occurrences referred to herein, all funds received by you, TAMARIAN CLARETHA SMITH, from consumers or on behalf of consumers representing premiums for insurance policies, were trust funds pursuant to Section 626.561(1), Florida Statutes, and were received in a fiduciary capacity and were to be accounted for and paid over to the insurer, insured or other persons entitled thereto in the regular course of business. COUNT I 6. The above general allegations are hereby re-alleged and fully incorporated herein _ by reference. 7. Subsequent to your resignation on or about May 12, 2000, Monumental Life Insurance Co. conducted an audit of their records for you, TAMARIAN CLARETHA SMITH. 8. According to the aforementioned audit, you, TAMARIAN CLARETHA SMITH, failed to remit a total of THREE HUNDRED NINETY-FIVE DOLLARS AND EIGHTEEN CENTS ($395.18) worth of insurance policy premiums which you, TAMARIAN CLARETHA SMITH, had collected on behalf of Monumental Life Insurance Co. and failed to remit to said company. et 9. As of the date of the filing of this Administrative Complaint, you, TAMARIAN CLARETHA SMITH, still have an outstanding debt of THREE HUNDRED NINETY-FIVE DOLLARS AND EIGHTEEN CENTS ($395.18) with Monumental Life Insurance Co. IT IS THEREFORE CHARGED that you, TAMARIAN CLARETHA SMITH, 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 license and appointments: . (a) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, customer representative, solicitor, or adjuster in transactions under his or her license are trust funds received by the licensee in a fiduciary capacity. An agent shall keep the funds belonging to each insurer for which he or she is not appointed, other than a surplus lines insurer, in a separate account so as to allow the department to properly audit such funds. The licensee in the applicable regular course of business shall account for and pay the same to the irisurer, insured, or other person entitled thereto. [Section 626.561(1), Florida Statutes]; (b) If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code. [Section 626.611(4), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), 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. ]; ete se tte $e ate rip RE (ec) 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]; (f) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (g) 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]; (h) 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]; | (i) In the conduct of business under the license or permit, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of Chapter 626, Florida Statutes, or having otherwise shown himself or herself to be a source of injury or loss to the public or detrimental to the public interest. [Section 626.621(6), Florida Statutes]. WHEREFORE, you, TAMARIAN CLARETHA SMITH, 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. —— she TICE Pursuant to Sections 120.569 and 120.57, Florida Statutes 4nd Rule 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. 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 Sections 120.569 and 120.57(1), Florida Statutes. If ite & a « 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. Ifa 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 avalid 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. Re ee oat DATED and SIGNED this 19th dayof__ July , 2001. S KENNEY SHIPLEY Deputy Insurance Commissioner : bey E.- a2t222ZIgy, 1 Fay se taney. scat | O re RTIFICA’ F SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to: TAMARIAN CLARETHA SMITH, P.O. Box 5325, Lighthouse Point, Florida 33074-5325; TAMARIAN CLARETHA SMITH, Capital Security Insurance, 4760 N. State Road 7, Ste. A, Ft. Lauderdale, Florida 3319- 5860; by Certified Mail this 19thday of ___July 2001. WILLIAM W. THARPE, JRi Division of Legal Services 612 Larson Building 200 East Gaines St. Tallahassee, Florida 32399-0333 9 922 3110 Ext. 4110 cress . SPLETE THIS 5 SECTION ON DELIVER’ B. Date of Delivery COM A. Received by (Please Print Clearly) WM Tivery ‘address different from item ° YES, enter delivery address 25 below: uu 7b “ys75 Let 3255 SoU 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) 4. Article ‘Addressed to: TAMARIAN CLARETHA SMITH / 0. BOX 5325 LIGHTHOUSE POINT, FL 33074- -5325 SENDER: = THARPE/C&S i ~ aali oe a“ Domestic Return Receipt ke PS Form 3811, June 2000

Docket for Case No: 01-003476PL