THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE BILL NELSON : IN THE MATTER OF: JEFFREY MARK TURNER / ADMINISTRATIVE COMPLAINT TO: JEFFREY MARK TURNER 4437 Haylock Drive Orlando, Florida 32807-1009 JEFFREY MARK TURNER. c/o All Advanced/Accurate Insurance 4950 Silver Star Road Orlando, Florida 32808-4540 You, JEFFREY MARK TURNER, 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. You, JEFFREY MARK TURNER, are currently licensed in the State of Florida as a general lines insurance agent. 2. Atail times pertinent to the dates and occurrences referred to in this Administrative Complaint you, JEFFREY MARK TURNER, were licensed as a general lines insurance agent in this State. 3. All references in this administrative complaint to you, JEFFREY MARK TURNER, are also references to Allied Auto Insurance Agency of Orlando, Inc., Advanced Auto Insurance, . and Accurate Insurance, of which you were a principal at all times pertinent to this Administrative Complaint. 4. Atall time pertinent to the dates and occurrences referred to in this Administrative ’ Complaint, all funds received by you, JEFFREY MARK TURNER, pursuant to Section 626.561, Florida Statutes, from consumers or on behalf of consumers, were trust funds received by you in a fiduciary capacity and were to be remitted to persons entitled thereto in the regular course of business. COUNTI 5. Paragraphs one through four are realleged and incorporated herein by reference. 6. Atall times pertinent to the dates and occurrences referred to in this Administrative Complaint, a contractual relationship existed between you, JEFFREY MARK TURNER, and Equivest Finance Incorporated, (hereinafter referred to as “Equivest”) an insurance premium finance company located in the State of Florida. 7. You, JEFFREY MARK TURNER, in your business capacity as an insurance agent and as an agent for Equivest, provided funds to finance insurance policy premiums for your insurance customers. Pursuant to your assistance, Equivest entered into premium finance agreements with your insurance customers. 8. You, JEFFREY MARK TURNER, received insurance commissions from your sale of insurance to customers’ insurance where premium were financed through Equivest. | | ) | Ee Boog Re 9, Upon cancellation of insurance policies financed through Equivest, you, JEFFREY MARK TURNER, were obligated to return any unearned commissions in a timely manner to Equivest. 10. Unearned commissions received by you, JEFFREY MARK TURNER, represented trust funds received by you in a fiduciary capacity. 11. On multiple occasions following the cancellation of insurance policies which were premium financed, Equivest made written demands to you, JEFFREY MARK TURNER, for the return of all unearned commission due to Equivest, totaling $18,013.74, but you have failed to remit said unearned commission to Equivest. 12. You, JEFFREY MARK TURNER, willfully misappropriated the unearned - commission for your own use, with the specific intent to deprive Equivest of the right to said funds. 13. Onor about November 8, 1994, Equivest filed a civil complaint in Broward County, Florida Circuit Court, petitioning for the return of the unearned commission misappropriated by you, JEFFREY MARK TURNER, but you have failed to return those funds to Equivest. 14. You, JEFFREY MARK TURNER, have failed to return funds which belong to Equivest and which you received in a fiduciary capacity through the use of insurance licenses issued to you by the State of Florida. , IT IS THEREFORE CHARGED that you, JEFFREY MARK TURNER, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the State Treasurer and Insurance Commissioner which constitute grounds for the suspension or revocation of your insurance licenses and eligibility for licensure: coaeernep weyee (a) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. [Section 626.561(1), Florida Statutes]; (b) The department shall deny an application for, suspend, revoke, or refuse to renew or continue the license or appointment of any applicant, agent, title agency, solicitor, adjuster, customer representative, service representative, or managing general agent, and it shall suspend or revoke the eligibility to hold a license or appointment of any such person, if it finds that as to the applicant, licensee, or appointee any one or more of the following applicable grounds exist: 1. 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]; 2. Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; 3. Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.611(9), Florida Statutes]; 4. 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. [Section 626.611(10), Florida Statutes]; (c) The department may, in its discretion, deny an application for, suspend, revoke, or refuse to renew or continue the license or appointment of any applicant, agent, solicitor, adjuster, customer representative, service representative, or managing general agent, and it may suspend or revoke the eligibility to hold a license or appointment of any such person, if it finds that as to the applicant, licensee, or appointee any one or more of the following applicable grounds exist under circumstances for which such denial, suspension, revocation, or refusal is not mandatory under ss. 626.611: 1. 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]; 2. Failure or refusal, upon demand, to pay over to any insurer he represents | or has represented any money coming into his hands belonging to the insurer. [Section 626.621(4), Florida Statutes]. COUNT II 15. Paragraphs one through four are realleged and incorporated herein by reference. 16. Atall times pertinent to the dates and occurrences referred to in this Administrative Complaint, a contractual relationship existed between you, JEFFREY MARK TURNER, and Appco Finance Corporation, (hereinafter referred to as “Appco”) an insurance premium finance company located in the State of Florida. 17. You, JEFFREY MARK TURNER, in your business capacity as an insurance agent and as an agent for Appco, provided funds to finance insurance policy premiums for your insurance customers. Pursuant to your assistance, Appco entered into premium finance agreements with your insurance customers. 18. You, JEFFREY MARK TURNER, received insurance commissions from your sale of insurance to customers’ insurance where premium were financed through Appco. 19. Upon cancellation of insurance policies financed through Appco, you, JEFFREY MARK TURNER, were obligated to return any unearned commissions in a timely manner to _ Appco. . 20. Unearned commissions received by you, JEFFREY MARK TURNER, represented trust funds received by you in a fiduciary capacity. 21. On multiple occasions following the cancellation of insurance policies which were premium financed, Appco made written demands to you, JEFFREY MARK TURNER, for the return of all unearned commission due to Appco, totaling $34,047.60, but you have failed to remit said unearned commission to Appco. . 22. You, JEFFREY MARK TURNER, willfully misappropriated the unearned commission for your own use, with the intent to deprive Appco of the right to said funds. 23. Onor about June 30, 1994, a Default Final Judgment was entered against you, JEFFREY MARK TURNER, based upon a civil complaint filed by Appco petitioning for the return of the unearned funds misappropriated by you, JEFFREY MARK TURNER, but Appco has not been compensated for said funds you misappropriated. | 24. You, J EFFREY MARK TURNER, have failed to return funds which belong to Appco and which you received i in a fiduciary capacity through the use of i insurance licenses issued to you by the State of Florida. IT IS THEREFORE CHARGED that you, JEFFREY MARK TURNER, have violated and are accountable under the following provisions of the Florida Insurance Code and Rules of the State Treasurer and Insurance Commissioner which constitute grounds for the suspension or revocation of your insurance licenses and eligibility for licensure: Sections — 626.561(1); 626.611(13); 626.611(7); 626.61 1(8); 626.611(9); 626.611(10); 626.611(13); 626.621(2); and 626.621(4); Florida Statutes, as more particularly alleged above. COUNT HI 25. Paragraphs one through four are realleged and incorporated herein by reference. 26. Atall times pertinent to the dates and occurrences referred to in this Administrative Complaint, a contractual relationship existed between you, JEFFREY MARK TURNER, and Union General Insurance Company, (hereinafter referred to as “Union General”). 27. You, JEFFREY MARK TURNER, received insurance commissions from insurance transactions with policyholders of Union General. 28. You, JEFFREY MARK TURNER, were obligated to return any unearned commissions in a timely manner to Union General when Union General policies cancelled. 29. Unearned commissions received by you, JEFFREY MARK TURNER, represented trust funds received by you in a fiduciary capacity. 30. On multiple occasions following the cancellation of Union General insurance policies, Union General made written demands to you, JEFFREY MARK TURNER, for the return of all unearned commission due to Union General, totaling $1,431.20, but you have failed 7 to remit said unearned commission to Union General. 31. You, JEFFREY MARK TURNER, willfully misappropriated the unearned commission for your own use, with the intent to deprive Union General of the right to said funds. 32. On or about January 6, 1994, the Florida Department of Insurance, as receiver of Union General, obtained a Summary Order from the Leon County Circuit Court against you, JEFFREY MARK TURNER, for your immediate return of unearned commission totaling $1,431.20 to Union General. one 33. You, JEFFREY MARK TURNER, have failed to return funds which belong to Union General and which you received in a fiduciary capacity through the use of insurance licenses issued to you by the State of Florida. IT IS THEREFORE CHARGED that you, JEFFREY MARK TURNER, have violated and are accountable under the following provisions of the Florida Insurance Code and Rules of the State Treasurer and Insurance Commissioner which constitute grounds for the suspension or revocation of your insurance licenses and eligibility for licensure: Sections 626.561(1); 626.611(7); 626.611(8); 626.611(9); 626.61 1(10); 626.611(13); 626.621(2); and 626.621(4); Florida Statutes, as more particularly alleged above. COUNT IV. 34. Paragraphs one through four are realleged and incorporated herein by reference. 35. You, JEFFREY MARK TURNER, own and operate, and at all times pertinent to this administrative complaint, have owned, operated and been a principal with, All Advanced Auto Insurance, an insurance agency with multiple locations in the State of Florida. 36. You, JEFFREY MARK TURNER, transact, and at all times pertinent to this administrative complaint have transacted business as an insurance agent in this State. 37. You, JEFFREY MARK TURNER, failed to properly designate and file with the Department of Insurance, a primary agent for All Advanced Auto Insurance locations at 400 East Semoran Boulevard in Orlando, Florida, and also at 4950 Silver Star Road in Orlando, Florida. IT IS THEREFORE CHARGED that you, JEFFREY MARK TURNER, have violated and are accountable under the following provisions of the Florida Insurance Code and Rules of the State Treasurer and Insurance Commissioner which constitute grounds for the suspension or revocation of your insurance licenses and eligibility for licensure: Sections 626.611(13) and 626.621(2), Florida Statutes, as more particularly alleged above, as well as the following sections: (a) Each person operating an insurance agency and each location of a multiple location agency shall designate a primary agent for each insurance agency location and shall file . the name of the person so designated, and the address of the insurance agency location where he or she is primary agent, with the Department of Insurance, on a form approved by the department. The designation of the primary agent may be changed at the option of the agency, and any change shall be effective upon notification to the department. Notice of change must be sent to the department within 30 days after such change. {section 626.592(1), Florida Statutes]; 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 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 28-106, F.A.C. and contain a. Astatement 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 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 operaté 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 21st day of _ September , 2000. BILL lt. Nolte Treasurer and Insurance Commissioner 11 fc opere orere CS ee CERTIFICATE OF SERVICE LHEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint was mailed by certified mail to: JEFFREY MARK TURNER, 4437 Haylock Drive, Orlando, Florida 32807-1009; and to JEFFREY MARK TURNER, c/o All Advanced/Accurate _ Insurance, 4950 Silver Star Road, Orlando, Florida 32808-4540, on this i day of Le glen bem , 2000. CHRI PHER R. HUNT Senior Attorney Florida Department of Insurance Division of Legal Services 612 Larson Building Tallahassee, FL 32399-0333

Docket for Case No: 01-003533PL