” TOM GALLAGHER IN THE MATTER OF DELORES JOAN SAPSIN CASE NO.: 21253-01-AG TO: ADMINISTRATIVE COMPLAINT DELORES JOAN SAPSIN Route 4, Box 294 Chiefland, FL 32626-9600 DELORES JOAN SAPSIN Coastal Underwriters of North West Florida Inc. d/b/a Ameriway insurance Agency 608 North Main Street Chiefland FL 32626-1101 YOU, DELORES JOAN SAPSIN, are hereby notified that the Insurance Commissioner of the State of Florida ("the Department") has caused to be made an investigation of your activities while licensed as an insurance agent in this state, asa result of which it is alleged: 1. GENERAL ALLEGATIONS Pursuant to Chapter 626, Florida Statutes, you, DELORES JOAN SAPSIN, license identification number A232034, are currently licensed in this state as a life and health, general lines, health insurance, and legal expense insurance agent. . Atal times pertinent to the dates and occurrence referred to herein, you, DELORES JOAN SAPSIN, were licensed in this state to transact such insurance. . Pursuant to Chapter 626, Florida Statutes, the Florida Department of insurance has jurisdiction over your insurance licenses and appointments. . During all times material to the allegations contained in this complaint you, DELORES JOAN SAPSIN, operated Coastal Underwriters of North West Florida, Inc. d/b/a Ameriway Insurance Agency of Chiefland, an insurance agency located at 608 North Main Street, Chiefland, Florida (hereafter “Ameriway’). . At all times pertinent to the allegations of this complaint, you, DELORES JOAN SAPSIN, were the licensed agent in charge of operating Ameriway, exercising supervision and control of the activities therein. . As the president of Ameriway and as the agent of record and managing agent for Ameriway, you, DELORES JOAN SAPSIN, knew or should have known of the activities of salaried employees under your direct supervision and control and you were responsible and accountable for ail such activities of the staff at the agency for the times and occurrences as hereafter presented. References to you, DELORES JOAN SAPSIN, include persons acting under your direct supervision and control at the agency described herein. . You, DELORES JOAN SAPSIN, were the authorized individual on the business checking avcuunt number 100186, held in the name of Ameriway. . You, DELORES JOAN SAPSIN, as supervising agent for Ameriway, were responsible for the proper collection, disbursement, and accounting of agency premiums and the collection and charging of the correct premiums for insurance sold by you, DELORES JOAN SAPSIN, and Ameriway. COUNT | 9. The above General Allegations are hereby realleged and fully incorporated herein by reference. 10. On September 10, 1996, Ms. Candy Allen went to Ameriway to purchase basic automobile insurance on her vehicle. You, DELORES JOAN SAPSIN, quoted her a premium of $482 and collected a down payment of $105 for the coverage. 11. You, DELORES JOAN SAPSIN issued Ms. Allen a receipt for a “down payment” in the amount of $105. Later Ms. Allen discovered that the actual down payment due the insurer was only $75. Ms. Allen inquired about this discrepancy and you, DELORES JOAN SAPSIN, told her everything was okay and once the paperwork was processed, the $105 down payment would be reflected. This was a false statement and material misrepresentation of fact. 12. Again on or about April 11, 1997, Ms. Allen returned to purchase an additional policy and was quoted that she must make a down payment of $162. However, the receipt indicated a collection of $132. 13. You, DELORES JOAN SAPSIN, indicated to Ms. Allen that she was charged an additional “fee” of $30 for finding the customer the lowest insurance premium. 14. You, DELORES JOAN SAPSIN, collected and charged an unauthorized, excess fee of $30 iu: the piacement of insurance coverage which is considered a part of the premium for the policy. rere 15. You, DELORES JOAN SAPSIN, without the informed consent of the insured, collected funds for an illusory product or service. IT IS THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated Or are accountable under the following provisions of the Florida Insurance Code: (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes] (b) Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.61 1(9), Florida Statutes] (c) 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] (d) 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 permit. [Section 626.621(2), Florida Statutes] (e) 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 this chapter, or having otherwise shown himself to be a source of injury or loss to the public. [Section 626.621(6), Florida Statutes] (f) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 626.951 or s. 626.9561 to be, an unfair method of compeuuun or an unfair or deceptive act or practice involving the business of insurance. [Section 626.9521, Florida Statutes] a (g) 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] (h) 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: 1. In a newspaper, magazine, or other publication, 2. In the form of a notice, circular, pamphlet, letter, or poster, 3. Over any radio or television station, or 4. In any other way placing before the public an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance, which is untrue, deceptive, or misleading. [Section 626.9541(1)(b), Florida Statutes] (i) False statements and entries. - 1. Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, €. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement. [Section 626.9541(1)(e)1., Florida Statutes] @) Knowingly making any misleading representations or incomplete or fraudulent comparisons or fraudulent material omissions of or with respect tu any insurance policies or insurers for the purpose of inducing, or tending to induce, any person to lapse, forfeit, surrender, terminate, retain, pledge, assign, borrow on, or convert any insurance policy or to take out a policy of insurance in another insurer. [Section 626.9541(1)(I), Florida Statutes] (k) Sliding is the act or practice of: 1. Representing to the applicant that a specific ancillary coverage or product is required by law in conjunction with the purchase of motor vehicle insurance when such coverage or product is not required; 2. Representing to the applicant that a specific ancillary coverage or product is included in the motor vehicle policy applied for without an additional charge when such charge is required; or . 3. | Charging an applicant for a specific ancillary coverage or product, in addition to the cost of the motor vehicle insurance coverage applied for, without the informed consent of the applicant [Section 626.9541(1)(z), Florida Statutes] (I) “Premium is the consideration for insurance, by whatever name called. Any “assessment, or any “membership,” policy,” survey,” inspection,” service” or similar fee or charge in consideration for an insurance contract is deemed part of the premiuru. {Section 627.403, Florida Statutes] (m) Knowingly collecting as a premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the department, and as specified in the policy, {Section 626.954 1(1)(0)2., Florida Statutes] COUNT I 16. The General Allegations are hereby realleged and incorporated herein by reference. 17. On or about August 16, 1996, Mr. Franklin Dickson went to Ameriway to purchase automobile insurance. You, DELORES JOAN SAPSIN, quoted him a premium of $473. Mr. Dickson made a down payment of $104.00. 18. You, DELORES JOAN SAPSIN, issued a premium receipt in the amount of $104; however the actual required down payment for the automobile insurance policy was only $74.00 19. You, DELORES JOAN SAPSIN, charged Mr. Dickson an excess premium for his policy in the amount of $30. 20. You, DELORES JOAN SAPSIN, further falsely represented and misrepresented to Mr. Dickson that he was making a premium down payment when in fact you, DELORES JOAN SAPSIN, were charging him an additional $30 fee without his knowledge or informed consent. . iT IS THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated or are accountable under the following provisions of the Florida Insurance Code: Sections 620.31 1(7); 626.61 1(9); 626.61 1(13); 626.621(2); 626.621 (6); 626.9521: 626.9541(1)(a)1.; 626.9544(1)(b); 626.9541(1)(e)1.; 626.9541(1)(I); nee Ta oe Co a 626.9541(1)(z), 627.403, and 626.9541(1)(o)3., Florida Statutes, as set forth and more particularly described in Count | above. COUNT Ill 21.The General Allegations are hereby realleged and incorporated herein by reference. 22. On or about September 16, 1996, Mr. Kalanu Helton went to Ameriway to purchase automobile insurance. You, DELORES JOAN SAPSIN, quoted hima premium of $517. Mr. Helton made a down payment of $128.00. 23. You, DELORES JOAN SAPSIN, issued a premium receipt in the amount of $128; however the actual required down payment for the automobile insurance policy was only $98.00 24.You, DELORES JOAN SAPSIN, charged Mr. Helton an excess premium for his policy in the amount of $30. 25. You, DELORES JOAN SAPSIN, further falsely represented and misrepresented to Mr. Helton that he was making a premium down payment when in fact you, DELORES JOAN SAPSIN, were charging him an additional $30 fee without his knowledge or informed consent. IT IS THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated or are accountable under the following provisions of the Florida Insurance Code: Sections626.611(7); 626.611(9); 626.61 1(13); 626.621 (2); 626.621 (6); 626.9521; 626.9541(7)(a)1.; 626.9541 (1)(b); 626.9541 (1)(e)1.; 626.9541(1)(I); 626.954 1(1)(z), 627.408, and 626.9541(1)(0)3., Florida Statutes, as set forth and more particularly described in Count | above. TEER: ce pee COUNT IV 26. The General Allegations are hereby realleged and incorporaied herein by reference. 27. On or about October 3, 1996, Mr. Robert Morris and Ms. Beverly Schuyler went to Ameriway to reinstate their automobile insurance. You, DELORES JOAN SAPSIN, charged them a reinstatement fee of $105. However, instead of reinstating the policy, you caused a new policy to be issued by National Insurance Association. The required down payment was only $75. 28. You, DELORES JOAN SAPSIN, issued a premium receipt in the amount of $105; however the actual required down payment for the automobile insurance policy was only $75.00. 29. You, DELORES JOAN SAPSIN, charged Mr. Mortis and Ms. Schuyler an excess premium for this policy in the amount of $30. 30. You, DELORES JOAN SAPSIN, further falsely represented and misrepresented to Mr. Morris and Ms. Schuyler that they were paying a reinstatement fee when in fact you, DELORES JOAN SAPSIN, were causing a new policy to be issued and charging them an additional $30 fee without their knowledge or informed consent. IT IS THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated or are accountable under the following provisions of the Florida Insurance Code: Sections 026.611(7); 626.61 1(9); 626.611(13); 626.621(2); 626.621(6); 626.9521; 626.9541 (1)(a)1.; 626.9541(1)(b); 626.9541(1)(e)1.; 626.9541(1)(I); 626.9541(1)(z), 627.403, and 626.9541(1)(0)3., Florida Statutes, as set forth and more particularly described in Count | above. COUNT V 31.The General Allegations are hereby realleged and incorporated herein by reference. 32. On or about February 28, 1997, Ms. Darla Van Meter went to Ameriway to purchase automobile insurance. You, DELORES JOAN SAPSIN, quoted her a premium of $235. Ms. Van Meter made a down payment of $100.00. 33. You, DELORES JOAN SAPSIN, issued a premium receipt in the amount of $100; however the actual required down payment for the automobile insurance policy was only $70.00. | 34. You, DELORES JOAN SAPSIN, charged Ms. Van Meter an excess premium for her policy in the amount of $30. 35. You, DELORES JOAN SAPSIN, further falsely represented and misrepresented to Ms. Van Meter that she was making a premium down payment when in fact you, DELORES JOAN SAPSIN, were charging her an additional $30 fee without her knowledge or informed consent. IT IS THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated or are accountable under the following provisions of the Florida Insurance Code: Sections 626.61 1(7); 626.611(9); 626.611(13); 626.621(2); 626.621 (6); 626.9521; 626.95+ i(1)(aji.; 626.954 1(1)(b); 626.9541 (1)(e)1.; 626.954 1(1)(1); 626.9541(1)(Z), 627.403, and 626.9841 (1 )(o)3., Florida Statutes, as set forth and more particularly described in Count | above. 10 ee er COUNT VI 36.The General Allegations are hereby realleged and incorpo: aied herein by reference. 37. On or about March 3, 1997, Mr. Jeffrey Williams went to Ameriway to purchase automobile insurance. You, DELORES JOAN SAPSIN, quoted him a premium of $264. Mr. Williams made a down payment of $77. 38. You, DELORES JOAN SAPSIN, issued a premium receipt in the amount of $77; however the actual required down payment for the automobile insurance policy was only $47. 39. You, DELORES JOAN SAPSIN, charged Mr. Williams an excess premium for his policy in the amount of $30. 40. You, DELORES JOAN SAPSIN, further falsely represented and misrepresented © to Mr. Williams that he was making a premium down payment when in fact you, DELORES JOAN SAPSIN, were charging him an additional $30 fee without his knowledge or informed consent. IT IS THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated or are accountable under the following provisions of the Florida insurance Code: Sections 626.61 1(7); 626.611(9); 626.611(13); 626.621 (2); 626.621(6); 626.9521; 626.9541(1)(a)1.; 626.9541(1)(b); 626.9541(1)(e)1.; 626.9544 (1)(I); 626.9541(1)(z), 627.403, and 626.9541(1)(0)3., Florida Statutes, as set forth and more particularly descrived in Count | above. 11 COUNT VII 41. The General Allegations are hereby realleged and incorpo1aed herein by reference. 42. On or about March 3, 1997, Ms. Robert A. Lucas went to Ameriway to purchase automobile insurance. You, DELORES JOAN SAPSIN, quoted her a premium of $620. Ms. Lucas made a down payment of $148.00. 43. You, DELORES JOAN SAPSIN, issued a premium receipt in the amount of $148; however the actual required down payment for the automobile insurance policy was only $118.00 44. You, DELORES JOAN SAPSIN, charged Ms. Lucas an excess premium for her policy in the amount of $30. 45. You, DELORES JOAN SAPSIN, further falsely represented and misrepresented to Ms. Lucas that she was making a premium down payment when in fact you, DELORES JOAN SAPSIN, were charging her an additional $30 fee without her knowledge or informed consent. IT 1S THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated or are accountable under the following provisions of the Florida Insurance Code: Sections 626.611(7); 626.61 1(9); 626.611(13); 626.621 (2); 626.621(6); 626.9521; 626.954 1(1)(a)1.; 626.954 1(1)(b); 626.9541(1)(e)1.; 626.9541(1)(I): 626.9541(1)(z), 627.403, and 626.9541(1)(0)3., Florida Statutes, as set forth and more particularly described in Count | above. COUNT VIII 46. The General Allegations are hereby reaileged and incorporated herein by reference. 47. On or about March 4, 1997, Mr. Daryl Adcock went to Ameriway to purchase automobile insurance. You, DELORES JOAN SAPSIN, told Mr. Adcock that he needed to make a down payment of $189.00. 48. You, DELORES JOAN SAPSIN, issued a premium receipt in the amount of $189; however the actual required down payment for the automobile insurance policy was only $159.00. 49. You, DELORES JOAN SAPSIN, charged Mr. Adcock an excess premium for his policy in the amount of $30. 50. You, DELORES JOAN SAPSIN, further falsely represented and misrepresented to Mr. Adcock that he was making a premium down payment when in fact you, DELORES JOAN SAPSIN, were charging him an additional $30 fee without his knowledge or informed consent. IT 1S THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated or are accountable under the following provisions of the Florida Insurance Code: Sections 626.61 1(7); 626.611(9); 626.61 1(13); 626.621(2); 626.621(6); 626.9521; 626.9541(1)(a)1.; 626.9541(1)(b); 626.9541(1)(e)1.; 626.9541(1)(I); 626.9541(1)(z), 627.403, and 626.9541(1)(0)3., Florida Statutes, as set forth and more particularly descriucu in Count | above. 13 COUNT 1X 51.The General Allegations are hereby realleged and incorpc:aied herein by reference. 52. On or about March 5, 1997, Mr. George Davis went to Ameriway to purchase automobile insurance. You, DELORES JOAN SAPSIN, quoted him a premium of $424. Mr. Davis made a down payment of $109.00. 53. You, DELORES JOAN SAPSIN, issued a premium receipt in the amount of $109; however the actual required down payment for the automobile insurance policy was only $79.00 54. You, DELORES JOAN SAPSIN, charged Mr. Davis an excess premium for his policy in the amount of $30. 55. You, DELORES JOAN SAPSIN, further falsely represented and misrepresented to Mr. Davis that he was making a premium down payment when in fact you, DELORES JOAN SAPSIN, were charging him an additional $30 fee without his knowledge or informed consent. IT IS THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated or are accountable under the following provisions of the Florida Insurance Code: Sections 626.61 1(7); 626.61 1(9); 626.61 1(13); 626.621 (2); 626.621(6); 626.9521; 626.9541(1)(a)1.; 626.9541(1)(b); 626.9541 (1)(e)1.; 626.9541(1)(I); 626.9541(1)(z), 627.403, and 626.9541(1)(0)3., Florida Statutes, as set forth and more particularly descriucu in Count | above. 14 er ee mene COUNT X 96. The General Allegations are hereby realleged and incorgcrated herein by reference. 57. On or about March 11, 1997, Mr. Jason Lane went to Ameriway to purchase automobile insurance. You, DELORES JOAN SAPSIN, quoted him a premium of $439. Mr. Lane made a down payment of $112.00. 58. You, DELORES JOAN SAPSIN, issued a premium receipt in the amount of $112; however the actual required down payment for the automobile insurance policy was only $82.00. 59. You, DELORES JOAN SAPSIN, charged Mr. Lane an excess premium for his policy in the amount of $30. 60.You, DELORES JOAN SAPSIN, further falsely represented and misrepresented to Mr. Lane that he was making a premium down payment when in fact you, DELORES JOAN SAPSIN, were charging him an additional $30 fee without his knowledge or informed consent. IT IS THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated or are accountable under the following provisions of the Florida Insurance Code: Sections 626.611(7); 626.61 1(9); 626.611(13); 626.621 (2); 626.621 (6); 626.9521; 626.9541(1)(a)1.; 626.9541(1)(b); 626.9541 (1)(e)1.; 626.954 1(1)(I); 626.954 1(1)(z), 627.403, and 626.9541(1)(0)3., Florida Statutes, as set forth and more particularly descz‘bed in Count | above. pee RR Terr a COUNT XI 61. The General Allegations are hereby realleged and incorpcrated herein by reference. 62. On or about March 28, 1997, Ms. Shelli Bischoff went to Ameriway to purchase automobile insurance. You, DELORES JOAN SAPSIN, quoted her a premium of $995. Ms. Bischoff made a down payment of $215.00. 63. You, DELORES JOAN SAPSIN, issued a premium receipt in the amount of $215; however the actual required down payment for the automobile insurance policy was only $185.00. 64. You, DELORES JOAN SAPSIN, charged Ms. Bischoff an excess premium for her policy in the amount of $30. 65. You, DELORES JOAN SAPSIN, further falsely represented and misrepresented to Ms. Bischoff that she was making a premium down payment when in fact you, DELORES JOAN SAPSIN, were charging her an additional $30 fee without her knowledge or informed consent. IT 1S THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated or are accountable under the following provisions of the Florida Insurance Code: Sections 626.611(7); 626.611(9); 626.611(13); 626.621 (2); 626.621(6); 626.9521; 626.9541(1)(a)1.; 626.9541(1)(b); 626.9541(1)(e)1.; 626.9541(1)(I); 626.9541(1)(z), 627.403, and 626.9541(1)(0)3., Florida Statutes, as set forth and more particularly desczbed in Count | above. fad COUNT XII 66. The Generai Allegations are hereby realleged and incorpo. aied herein by reference. 67. On or about April 2, 1997, Mr. Earl Rodgers went to Ameriway to purchase automobile insurance. You, DELORES JOAN SAPSIN, quoted him a premium of $289. Mr. Rodgers made a down payment of $82.00. 68.You, DELORES JOAN SAPSIN, issued a premium receipt in the amount of $82: however the actual required down payment for the automobile insurance policy was only $62.00 69. You, DELORES JOAN SAPSIN, charged Mr. Rodgers an excess premium for his policy in the amount of $20. 70. You, DELORES JOAN SAPSIN, further falsely represented and misrepresented to Mr. Rodgers that he was making a premium down payment when in fact you, DELORES JOAN SAPSIN, were charging him an additional $20 fee without his knowledge or informed consent. IT IS THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated or are accountable under the following provisions of the Florida Insurance Code: Sections 626.611(7); 626.611(9); 626.611(13); 626.621 (2); 626.621(6); 626.9521; 626.9541(1)(a)1.; 626.9541(1)(b); 626.9541(1)(e)1.; 626.954 1(1)(1); 626.9541(1)(z), 627.403, and 626.9541(1)(0)3., Florida Statutes, as set forth and more particularly descriued in Count | above. re COUNT XIII 71.The General Allegations are hereby realleged and incorpc.aied herein by reference. 72. On or about May 1, 1997, Ms. Melanie Fernandez went to Ameriway to purchase automobile insurance. You, DELORES JOAN SAPSIN, quoted him a premium of $329. Ms. Fernandez made a down payment of $90.00. 73.You, DELORES JOAN SAPSIN, issued a premium receipt in the amount of $90; however the actual required down payment for the automobile insurance policy was only $60.00 74.You, DELORES JOAN SAPSIN, charged Ms. Fernandez an excess premium for his policy in the amount of $30. 75. You, DELORES JOAN SAPSIN, further falsely represented and misrepresented to Ms. Fernandez that she was making a premium down payment when in fact you, DELORES JOAN SAPSIN, were charging her an additional $30 fee without her knowledge or informed consent. IT IS THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated or are accountable under the following provisions of the Florida Insurance Code: Sections 626.611(7); 626.611(9); 626.611(13); 626.621(2); 626.621(6); 626.9521; 626.954 1(1)(a)1.; 626.9541(1)(b); 626.954 1(1)(e)1.; 626.954 1(1)(I); 626.9541(1)(z), 627.403, and 626.9541(1)(0)3., Florida Statutes, as set forth and more particularly descrived in Count | above. COUNT XIV 76. The General Allegations are hereby realleged and incorpo: aed herein by reference. 77. On or about May 8, 1997, Mr. Thomas Collins went to Ameriway to purchase automobile insurance. You, DELORES JOAN SAPSIN, quoted him a premium of $160. Mr. Collins made a down payment of $73.00. 78. You, DELORES JOAN SAPSIN, issued a premium receipt in the amount of $73; however the actual required down payment for the automobile insurance policy was only $43.00 79. You, DELORES JOAN SAPSIN, charged Mr. Collins an excess premium for his . policy in the amount of $30. 80. You, DELORES JOAN SAPSIN, further falsely represented and misrepresented to Mr. Collins that he was making a premium down payment when in fact you, DELORES JOAN SAPSIN, were charging him an additional $30 fee without his knowledge or informed consent. IT IS THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated or are accountable under the following provisions of the Florida Insurance Code: Sections 626.61 1(7); 626.611(9); 626.611(13); 626.621 (2); 626.621(6); 626.9521; 626.9541(1)(a)1.; 626.9541(1)(b); 626.9541(1)(e)1.; 626.9541(1)(1); 626.9541(1)(z), 627.403, and 626.9541(1)(0)3., Florida Statutes, as set forth and more particularly descrived in Count | above. 19 COUNT XV 81.The General Allegations are hereby realleged and incorpo: aied herein by reference. 82. On or about May 13, 1997, Ms. Kathleen Hinton went to Ameriway to purchase automobile insurance. You, DELORES JOAN SAPSIN, quoted her a premium of $399. Ms. Hinton made a down payment of $155.00. 83. You, DELORES JOAN SAPSIN, issued a premium receipt in the amount of $155; however the actual required down payment for the automobile insurance policy was only $125.00 84.You, DELORES JOAN SAPSIN, charged Ms. Hinton an excess premium for her policy in the amount of $30. 85. You, DELORES JOAN SAPSIN, further falsely represented and misrepresented to Ms. Hinton that she was making a premium down payment when in fact you, DELORES JOAN SAPSIN, were charging her an additional $30 fee without her knowledge or informed consent. IT IS THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated or are accountable under the following provisions of the Florida Insurance Code: Sections 626.611(7); 626.61 1(9); 626.611(13); 626.621 (2); 626.621 (6); 626.9521; 626.9541(1)(a)1.; 626.9541(1)(b); 626.9541 (1)(e)1.; 626.9541(1)(I); 626.9541(1)(Z), 627.403, and 626.9541(1)(0)3., Florida Statutes, as set forth and more particularly descrived in Count | above. 20 mop RRR COUNT XVI 86. The General Allegations are hereby reaileged and incorpoiaied herein by reference. 87. On or about June 6, 1997, Ms. Ada Ortiz went to Ameriway to purchase automobile insurance. You, DELORES JOAN SAPSIN, quoted her a premium of $347. Ms. Ortiz made a down payment of $138.00. 88. You, DELORES JOAN SAPSIN, issued a premium receipt in the amount of $138; however the actual required down payment for the automobile insurance policy was only $108.00 89. You, DELORES JOAN SAPSIN, charged Ms. Ortiz an excess premium for her policy in the amount of $30. 90. You, DELORES JOAN SAPSIN, further falsely represented and misrepresented to Ms. Ortiz that she was making a premium down payment when in fact you, DELORES JOAN SAPSIN, were charging her an additional $30 fee without her knowledge or informed consent. iT IS THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated or are accountable under the following provisions of the Florida insurance Code: Sections 626.611(7); 626.61 1(9); 626.611(13); 626.621(2); 626.621 (6); 626.9521; 626.9541(1)(a)1.; 626.9541(1)(b); 626.9541(1)(e)1.; 626.9541(1}(1); 626.9541(1)(z), 627.403, and 626.9541(1)(0)3., Florida Statutes, as set forth and more particularly descrived in Count | above. 21 SRR gra COUNT XVII 91.The General Allegations are hereby realleged and incorpo: aied herein by a reference. 92. On or about August 16, 1996, Ms. Gynell Chancey went to Ameriway to purchase automobile insurance. You, DELORES JOAN SAPSIN, quoted her a premium of $304. Ms. Chancey made a down payment of $77.00. 93. You, DELORES JOAN SAPSIN, issued a premium receipt in the amount of $77.00; however the actual required down payment for the automobile insurance policy was only $47.00 94. You, DELORES JOAN SAPSIN, charged Ms. Chancey an excess premium for her policy in the amount of $30. 95. You, DELORES JOAN SAPSIN, further falsely represented and misrepresented to Ms. Chancey that she was making a premium down payment when in fact you, DELORES JOAN SAPSIN, were charging her an additional $30 fee without her knowledge or informed consent. 96. You, DELORES JOAN SAPSIN, as owner/operator of the referenced insurance agency have failed to have primary agents designated at such location in violation of Section 626.592, Florida Statutes. IT IS THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated or are accountable under the following provisions of the Florida Insurance Code: Sections 620.611(/); 626.61 1(9); 626.611(13); 626.621(2); 626.621 (6); 626.9521; 626.9541(1)(a)1.; 626.9541(1)(b); 626.9541(1)(e)1.; 626.9541(1)(1); 626.9541(1)(z), 627.403, and 626.9541(1)(0)3., Florida Statutes, as set forth and more particularly described in Count | above. COUNT XVIII 97. The Generai Allegations are hereby realleged and incorporated herein by reference. 98. You, DELORES JOAN SAPSIN, are the owner and/or operator of Coastal Underwriters of North West Florida, Inc. d/b/a Ameriway Insurance Agency. 99. You, DELORES JOAN SAPSIN, as owner and/or operator of the referenced insurance agency have failed to have primary agents designated at such location in violation of Section 626.592, Florida Statutes. IT IS THEREFORE CHARGED that you, DELORES JOAN SAPSIN, have violated or are accountable under the following provision of the Florida Insurance Code: Failing to designate a primary agent at each insurance agency location where any agent is engaged in the business of insurance. [Section 626.592, 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 vy 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 23 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 6 12 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 normaily 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. 11 you request this type of proceeding, the request must comply with all of the requirements of Rule 28-106, F.A.C. and contain 24 wre pe 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. Uniess 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 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 _15thday of _November , 2001. KENNEY SMPLER Deputy Insurance Commissioner 25 STATEOF FLORIDA ; DEPARTMENT OF INSURANGE PH 4 32 Win' IN THE MATTER OF: SOME wr DELORES JOAN SAPSIN ne / ELECTION OF RIGHTS | have received and have read the Administrative Complaint filed against me including the Notice of Rights contained therein and | understand my options. | am requesting disposition of this matter as indicated below. (Choose one) 1.[.] 1 do not desire a proceeding. The Department may enter a final order revoking my license(s). 2. | do not dispute any of the Department's factual allegations and | hereby elect an informal proceeding to be conducted in accordance with section 120.57(2), Florida Statutes. In this regard | desire to (Choose one): {] submit a written statement and documentary evidence {] attend an informal hearing to be held in Tallahassee; or {] attend an informal hearing by way of a telephone conference call. 3. [] | do dispute the Department's factual allegations. | have attached to this form a statement indicating the specific issues of fact which are disputed and other required information indicated in the Notice of Rights. | hereby request a formal adversarial proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes to be held before the Division of Administrative Hearings. DATE: Signature of Petitioner TO PRESERVE YOUR RIGHT TOA Name: PROCEEDING, YOU MUST RETURN THIS FORM WITHIN TWENTY-ONE Address: (21) DAYS OF RECEIPT TO THE DEPARTMENT OF INSURANCE AT THE ADDRESS INDICATED IN THE NOTICE OF RIGHTS. Phone: 26 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to: DELORES JOAN SAPSIN, Route 4, Box 294, Chiefland, FL 32626-9600; and DELORES JOAN SAPSIN, Coastal Underwriters of North West Florida Inc., d/b/a Ameriway Ip November , 2001. IMegalattys\fredrickson\sapsin\sapsinAC.doc: urance Agency, 608 North A me EVD Vibe. Lilley J SFEPHEN C. FREDRICKSON, ESQUIRE la. Bar No. 350478 Florida Department of Insurance | Division of Legal Services 645 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4144 27

Docket for Case No: 01-004924PL