. am O|-800PL ie THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE BILL NELSON IN THE MATTER OF: RONALD WILLIAM HAWS Case No. 42754-01~AG / Got : Ly, oF ADMINISTRATIVE COMPLAINT % 2.2 a TO: RONALD WILLIAM “HAWS ELS, 4 re 6608 Iosa Drive = Aen 2 Jacksonville, FL 32277-2514 “Bo. “oO Oey ¥ RONALD WILLIAM HAWS i ROGERO ROAD INSURANCE CENTER 1755 Rogero Road Jacksonville, FL 32211-4846 RONALD WILLIAM HAWS is hereby notified that the Insurance Commissioner of the State of Florida has caused to be made an investigation of his 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, RONALD WILLIAM HAWS currently is licensed in this state as general lines (2-20), life “""(2"16), life and health (2-18), and health (2-40) insurance agent, = oot having license number A114180. * 2. At all times pertinent to the dates and occurrences referred : ..to herein, RONALD WILLIAM HAWS was licensed in this state as an insurance agent. 3. At all times pertinent to the dates and occurrences referred to herein, RONALD WILLIAM HAWS was the sole proprietor of the Rogero © big ee Road Insurance Center (hereinafter “ROGERO”), with its business address as indicated above. 4. At all times pertinent to the dates and occurrences referred to herein, RONALD WILLIAM HAWS was designated as the primary agent, pursuant to Section 626.592, Florida Statutes, for the agency located at the business address as indicated above. 5. At all times pertinent to the dates and occurrences referred to herein, RONALD WILLIAM HAWS was the only licensed insurance agent who worked directly for ROGERO and was the only licensed agent who worked on the premises of ROGERO. 6. As the owner of and primary agent for ROGERO, RONALD WILLIAM HAWS, knew or should have known of the activities of the employees within the agency and was responsible and accountable for all of the activities, described below, of the employees of ROGERO for the times and occurrences as hereafter presented. 7. References to you, RONALD WILLIAM HAWS, include persons acting under your direct supervision and control at the agency described herein. COUNT I 8. The above General Allegations are hereby realleged and fully incorporated herein by reference. 9. Wanda Jo Davis, a licensed customer representative (4-40) began work with ROGERO as the office manager in May of 2000 and was an employee of the agency during all times pertinent to the dates and occurrences referred to herein. 10. Wanda Jo Davis frequently performed her duties under her License at ROGERO without you, RONALD WILLIAM HAWS, or any other licensed insurance agent, either being present or exercising any supervision over or review of these activities. 11. Wanda Jo Davis frequently wrote new insurance applications, which applications were frequently pre-signed by you, RONALD WILLIAM HAWS, bound the coverage, collected the initial premium or premium downpayment in the form of cash and checks, issued receipts, wrote agency checks to pay premiums, explained coverage, recommended 4 { 3 coverage and otherwise engaged in the business of insurance, all with the full knowledge and consent of you, RONALD WILLIAM HAWS, without you, RONALD WILLIAM:HAWS, or any other licensed insurance agent, either being present or exercising any supervision over or review of these activities. IT IS THEREFORE CHARGED that RONALD WILLIAM HAWS has violated or is 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 his licenses and appointments as ‘an insurance agent: (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 626.611(4), Florida Statutes]; (b) bemonst rated 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]; (e) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the department. [Section 626.621(12), Florida Statutes]. (£) No licensee or appointee shall allow any other person to transact insurance by utilizing the license or appointment issued to such licensee or appointee [Section 626.441, Florida Statutes]. (g) An agent who appoints a customer representative incurs obligations to supervise the customer representative [Section 626.7354, Florida Statutes; Rules 4-213.020, 4-213.080, 4-213.100, 4-213.120, Florida Administrative Code]. COUNT II 12. The above General Allegations are hereby realleged and fully incorporated herein by reference. 13. Kathleen “Kassie” Steffens was an employee of ROGERO during all times pertinent to the dates and occurrences referred to herein. 14. ‘Kathleen “Kassie” Steffens did not hold any type of insurance ; agent or customer service “representative licensé “issued by the State of Florida during any time pertinent to the dates and occurrences > : referred to herein. Fpevgpete ange Onn wee ee 15. Although Ms. Steffens was not a licensed insurance agent or customer service representative she regularly, and not simply on an incidental basis, engaged in activities that are illegal | for Persons “who are not licensed as an insurance ‘agent’ « or a customer service representative, including: giving premium quotes, taking insurance applications, accepting premium payments and downpayments in the form of cash and checks, issuing receipts, binding coverage, writing agency checks to pay premiums, and otherwise engaging in insurance activities, all with the full knowledge and consent of you, RONALD WILLIAM HAWS. 16. You, RONALD WILLIAM HAWS, knowing that Ms. Steffens was not licensed as an insurance agent or a customer service representative, gave either express or implied permission authorizing her to transact insurance for you, RONALD WILLIAM HAWS. IT IS THEREFORE CHARGED that RONALD WILLIAM HAWS has violated or _is 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 his licenses and appointments as an insurance agent: (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 626.611(4), 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 th s code. [Section 626.611 13), Florida Statutes]; Em epee em (e) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code.or any order or rule of the department. [Section 626.621(12), Florida Statutes]. (£) No licensee or appointee shall allow any other person to transact insurance by utilizing the license or appointment issued to such licensee or appointee [Section 626.441, Florida Statutes]. COUNT III 17. The above General Allegations are hereby realleged and fully incorporated herein by reference. 18. Janice “Jan” Townsend was an employee of ROGERO during all times pertinent to the dates and occurrences referred to herein. 19. Ms. Townsend did not hold any type of insurance agent or customer service representative license issued by the State of Florida during any time pertinent to the dates and occurrences referred to herein. 20. Although Ms. Townsend was not a licensed insurance agent or customer service representative she regularly, and not simply on an incidental basis, engaged in activities that are illegal for persons who are not licensed as an insurance agent or a customer service representative, including: giving premium quotes, taking insurance applications, accepting premium payments and downpayments in the form of cash and checks, issuing receipts, binding coverage, writing agency checks to pay premiums, and otherwise engaging in insurance activities, all with the full knowledge and consent of you, RONALD WILLIAM HAWS. rr nmttte ae anaR A aaa Ae to SR RARE at tte 21. You, RONALD WILLIAM HAWS, knowing that Ms. Townsend was not licensed as an insurance agent or a customer service representative, gave either express or implied permission authorizing her to transact insurance for you, RONALD WILLIAM HAWS. IT IS THEREFORE CHARGED that RONALD WILLIAM HAWS has violated or is 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 his licenses and appointments as an insurance agent: (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 626.611(4), 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]; (e) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the department. [Section 626.621(12), Florida Statutes]. . (f) No licensee or appointee shall allow any other person to na transact insurance by utilizing the License or appointment. issued to such ‘Licensee. or appointee. [section 626. 441, “Florida Statutes]. ee | Pe pape agi = or as COUNT IV 22. The above General Allegations are hereby realleged and fully incorporated herein by reference. 23. Adrienne R. Sherfy was an employee of ROGERO during all times pertinent to the dates and occurrences referred to herein. 24. Ms. Sherfy did not hold any type of insurance agent or customer service representative license issued by the State of Florida during any time pertinent to the dates and occurrences referred to herein. . . 25. Although Ms. Sherfy was not a licensed insurance agent or customer service representative she regularly, and not simply on an incidental basis, engaged in activities that are illegal for persons who are not licensed as an insurance agent or a customer service representative, including: giving premium quotes, taking insurance applications, accepting premium payments and downpayments in the form of cash and checks, issuing receipts, binding coverage, writing agency checks to pay premiums, and otherwise engaging in insurance activities, all with the full knowledge and consent of you, RONALD WILLIAM HAWS. 26. You, RONALD WILLIAM HAWS, knowing that Ms. Sherfy was not licensed as an insurance agent or a customer service representative, gave either express or implied permission authorizing her to transact vege nits ett a vs Ge Hohe shiping oe Fuentes on insurance for you, RONALD WILLIAM ‘HAWS. ~ Ea "Code and R for the suspension or revocation of his licenses and appointments as an insurance agent: (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 626.611(4), 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]; (e) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the department. [Section 626.621(12), Florida Statutes]. (£) No Licensee or appointee shall allow any other person to transact insurance by utilizing the license or appointment issued to * ' : such licensee or _ appointee [section (626. 441, Florida Statutes]. “COUNT v tal Allégations are hereb “realleged and fully incorporated herein by reference. pertinent to the dates and occurrences referred to herein. 29. Ms. Diaz did not hold any type of insurance agent or customer service representative license issued by the State of Florida code. [Section 626. 611(4), Florida Statutes]; during any time pertinent to the dates and occurrences referred to herein. 30. Although Ms. Diaz was not a licensed insurance agent or customer service representative she regularly, and not simply on an incidental basis, engaged in activities that are illegal for persons who are not licensed as an insurance agent or a customer service representative, including: giving premium quotes, taking insurance applications, accepting premium payments and downpayments in the form of cash and checks, issuing receipts, binding coverage, writing agency checks to pay premiums, and otherwise engaging in insurance activities, all with the full knowledge and consent of you, RONALD WILLIAM HAWS. 31. You, RONALD WILLIAM HAWS, knowing that Ms. Diaz was not licensed as an insurance agent or a customer service representative, gave either express or implied permission authorizing her to transact insurance for you, RONALD WILLIAM HAWS. IT IS THEREFORE CHARGED that RONALD WILLIAM HAWS has violated or is 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 his licenses and appointments as an insurance agent: (a) Tf the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this (b) bemonstrated lack of ‘fitness | or trustworthiness t to. engage in the business of insurance. [Section 626.611(7), Florida Statutes]; at ten om SMA | F ; i me nnnnanataneeh see AR eh ERN (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]; (e) Knowingly aiding, assisting, procuring, advising, or abetting sany person in the violation of or to violate a provision of the insurance code ot any order or rule of the department. [Section 626.621(12), Florida Statutes]. (£) No licensee or appointee shall allow any other person to transact insurance by utilizing the license or appointment issued to such licensee or appointee [Section 626.441, Florida Statutes]. . COUNT VI 32. ‘The above General Allegations are > hereby realleged and fully incorporated h herein by reference. 33. Erin Davenport was an employee of ROGERO during all times pertinent to the dates and occurrences referred to herein. 34. Ms. Davenport ~ did not hold any type of insurance agent or customer service representative license issued by the State of Florida Bs during any time pertinent to the dates and occurrences referred to herein. ~ : Pa oes 35. _ Although Ms. Davenport was not a licensed insurance agent or customer service representative she regularly, and not ‘simply on an incidental basis, engaged in activities that are illegal for persons : who are “not “Ticensed ‘as. an “insurance “agent | or 2 _ customer service representative, including: giving premium quotes, taking insurance applications, accepting premium payments and downpayments in the form of cash and checks, issuing receipts, binding coverage, writing agency checks to pay premiums, and otherwise engaging in insurance activities, all with the full knowledge and consent of you, RONALD WILLIAM HAWS. 36. You, RONALD WILLIAM HAWS, knowing that Ms. Davenport was not licensed as an insurance agent or a customer service representative, gave either express or implied permission authorizing her to transact insurance for you, RONALD WILLIAM HAWS. IT Is THEREFORE CHARGED that RONALD WILLIAM HAWS has violated or is 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 his licenses and appointments as an insurance agent: _ . - (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. 611 (4), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insur. department or wiltful Vv iolation of any iolation of or to | vi late. a provision of the comply with, 0 or willful violation of, any e “nent A A eo ee | ECEOENESRS insurance code or any order or rule of the department. [Section 626.621(12), Florida Statutes]. (f) No licensee or appointee shall allow any other person to transact insurance by utilizing the license or appointment issued to ‘such licensee or appointee [Section 626.441, Florida Statutes]. ry COUNT VII 37. The above General Allegations are hereby realleged and fully incorporated herein by reference. 38. Shirley Motts was an employee of ROGERO during all times pertinent to the dates and occurrences referred to herein. 39. Ms. Motts did not hold any type of insurance agent or customer service representative license issued by the State of Florida during any time pertinent to the dates and occurrences referred to _ herein. 40. Although Ms. Motts was not a licensed insurance agent or customer service representative she regularly, and not simply on an incidental basis, engaged in activities that are illegal for persons who are not licensed as an insurance agent or a customer service representative, including: giving premium quotes, taking insurance applications, accepting premium payments and downpayments in the form of cash and checks, issuing receipts, binding coverage, writing agency checks to pay premiums, and otherwise engaging in insurance activities, all with the full knowledge and consent of you, RONALD WILLIAM HAWS. 41. wou, RONALD WILLIAM M HAWS, knowing that Ms. Motts: was “not licensed as, an ,Lnsurance agent or a customer service representative, gave either express or implied permission authorizing her to transact insurance for you, RONALD WILLIAM HAWS. IT IS THEREFORE CHARGED that RONALD WILLIAM HAWS has violated or is 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 his licenses and appointments as an insurance agent: (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 626.611(4), 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]; (e) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the > department . {Section ; 626. 621(12), ‘Florida’ Statutes). _ co ee tantsafnge gta yay tutte teat} COUNT VIII 42. The above General Allegations are hereby realleged and fully incorporated herein by reference. Mer a papery OS 43. On or about December 5 and 6, 2000, representatives of the Department of Insurance performed an inspection of the books and records relating to insurance transactions by ROGERO and its employees. 44, The staff of ROGERO was unable to readily produce all of the records requested. 45. Of the records produced, many files were incomplete. IT IS THEREFORE CHARGED that RONALD WILLIAM HAWS has violated or is 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 his licenses and appointments as an insurance agent: . (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. {Section 626, 611(7), Florida Statutes]; (b) 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]; (c) Failure to maintain in his or her office, or have readily accessible by electronic or photographic means, such records of policies transacted by him or her as to enable the policyholders and department to obtain all necessary information, including daily Treasurer a suspending or revoking his 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. RONALD WILLIAM HAWS is further notified that any order entered in this case revoking or suspending any license or eligibility for licensure held by him shall also apply to all other licenses and eligibility held by him under the Florida Insurance Code. NOTICE OF RIGHTS a 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 not 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 . 7 . Ssyernes nee beany sof received by, and filed dn | the Department within “‘twenty- one (21) days co 7 of the date of your, receipt of this notice. youR FAILURE TO RESPOND TO. THIS “ADMINISTRATIVE ’ ) DAYS WILL ~ CONSTI? TE A WAIVER OF YOUR RIGHT TO REQUEST A -“ PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN a oe 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 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, PAA.C, and contain (a) A statement identifying with particularity the allegations of the Department that you dispute and the nature of the dispute; (b) An explanation of the relief you seek and believe you are entitled to; and (¢) Any other information that you contend is material. _ These proceedings are held before a State administrative law judge of the Division of Administrative Hearings. Unless the majority of BS ee witnesses are located elsewhere, the Department will request that, the t hearing be conducted in Tallahassee. ; bl at ef ‘ If _you request a hearing, you have the right to be 3 re resented b You are hereby notified that mediation under Section 120.573, Florida Statutes, is not available. “a 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 3\sr day of August, 2001. 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 to: RONALD WILLIAM HAWS, 6608 Iosa Drive, Jacksonville, FL 32277-2514, and to RONALD WILLIAM NTER, 1755 Rogero Road, Jacksonville, FL Segtemloer is OTH day of Auserst, 2001. 612 Larson Building Tallahassee, FL 32399-0333 (850) 413-4237 a FLORIDA DEPARTMENT OF INSURANCE CHARGING DOCUMENT REPORTING FORM - AGENT AGS NS : a Fy iz 41 SEp NAME OF AGENT: Ronald William Haws CRSEMNOD; 6 754-01-AG LICENSE NUMBER: A114180 SOCIAL § VBITY NO.:°380-40-2414 CITY AND STATE OF RESIDENCE: Jacksonville, FL BE FRAIRTH: 3/25/1941 ARinga VE , CATEGORY OF ACTION: : —xJAdministrative Complaint (Emergency Order (JNotice of Intent to Issue , wag PT ON : os : , . Cease & Desist Order [_ Other: PRIMARY CAUSE OF ACTION: (_|Misappropriation of Funds [Solicitation without proper License or {XIMisrepresentation Appointment [License Application Violation [Aiding & Abetting Unauthorized Insurer [_|Criminal Proceedings (_]Failure to Meet Continuing Education [XlOther: Aiding & Abetting Unlicensed Persons to Requirement Act as Insurance Agents; Failure to Supervise (unfair Trade Practices Employees; Failure to Properly Maintain Records Date of Action: 0 y Effective Date of Action (i ditterent): OI REPORTING ATTORNEY: R. TERRY BUTLER EXTENSION: O For LICENSING USE ONLY Inquiry Code: ; Add: Change: | No NSTRUCTOR/SCHOOL OFFICIAL - YES aga RR

Docket for Case No: 01-003800PL