THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE Tom GALLAGHER IN THE MATTER OF: Pol 5 CASE NO; 43521-02,AGi . Goo. Zaz pam MITCHELL DEAN ADMINISTRATIVE COMPLAINT TO: MITCHELL DEAN 5276 Middle Court Orlando, FL 32811 MITCHELL DEAN State No-Fault Insurance of Kissimmee 11218 South Orange Blossom Trail Orlando, FL 32837 You, MITCHELL DEAN, 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, MITCHELL DEAN, are currently licensed in this state as a general lines (2-20) agent. Your agent license number is D055687. 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance license and appointments. 3. At all times relevant to the dates and occurrences referred to herein, you, MITCHELL DEAN, were designated the primary agent for No-Fault Insurance of Kissimmee located at 4418 South Orange Blossom Trail, Orlando, FL 32839 (hereinafter sometimes referred to as “No-Fault Insurance”). 4. Pursuant to Section 626.592, Florida Statutes, you, MITCHELL DEAN, as the primary agent for No-Fault Insurance, were responsible and accountable for the acts committed either by you or employees under your direct supervision and control, while acting on behalf of the agency if you committed or knew or should have known of such acts. 5. Pursuant to Section 624.10, Florida Statutes, “transact” with respect to transacting insurance includes solicitation or inducement, preliminary negotiations, effectuation of a contract of insurance, and transaction of matters subsequent to effectuation of a contract of insurance and arising out of it. 6. Pursuant to Section 624.11, Florida Statutes, “No person shall transact insurance in this state, or relative to a subject of insurance resident, located, or to be performed in this state, without complying with the applicable provisions of this code.” 7. Pursuant to Section 626.041, Florida Statutes, with respect to transacting property and casualty insurance, which includes automobile insurance, “No person shall unless licensed as an agent: solicit insurance or procure applications therefore; receive or receipt for any money on account of or for any insurer, or receive or receipt for money from other persons to be transmitted to any insurer for a policy, contract, or certificate of insurance or any renewal thereof, although such policy, certificate or contract is not signed by him or her as agent or representative of the insurer; directly or indirectly represent himself or herself to be an agent of any insurer or as an agent, to collect or forward any insurance premium, or to solicit, negotiate, effect, procure, receive, deliver, or forward, directly or indirectly, any insurance contract or renewal thereof or any endorsement relating to an insurance contract, or attempt to effect the same, of property or insurable business activities or interests, located in this state,... or in anywise directly or indirectly make or cause to be made, or attempt to make or cause to be made, any contract of insurance for or on account of any insurer.” 8. Pursuant to Section 626.112, Florida Statutes, “No person shall be, act as, or advertise or hold himself or herself out to be an insurance agent, customer representative, solicitor, or adjuster unless he or she is currently licensed and appointed.” 9. Pursuant to Section 626.9541(1)(z) 3, Florida Statutes, the act of sliding is 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. COUNT I 10. The above general allegations are hereby realleged and fully incorporated herein by reference. 11. Onor about April 10, 2001, Roy Gutierrez, an employee of No-Fault Insurance under your, MITCHELL DEAN, direct supervision and control, solicited and transacted insurance with Geral Stugart at No-Fault Insurance. In connection with said insurance transaction, Roy Gutierrez filled out the insurance application, collected the premium down payment for said insurance transaction, gave Geral Stugart financing instructions, and provided several documents to Geral Stugart to sign without explaining said documents. 12. Inconnection with the insurance transaction set forth in Paragraph 11, Roy Gutierrez charged Geral Stugart $60.00 for an ancillary non-insurance product, a motor club product, and $210.00 for an ancillary insurance product, medical protection assistance coverage, without Geral Stugart’s informed consent. These were products that Geral Stugart did not want and did not ask for. we 13. At the time of the insurance transaction referenced in Paragraph 10, you, MITCHELL DEAN, knew Roy Gutierrez was not licensed as an insurance agent or a customer representative. Your, MITCHELL DEAN, name was set forth on Geral Stugart’s insurance application as the agent of record. 14. As the primary agent of No-Fault Insurance, you, MITCHELL DEAN, assisted, aided, and/or abetted Roy Gutierrez, an unlicensed person, in the solicitation and transaction of insurance, which is violative of the Florida Insurance Code and Florida Administrative Code. 15. As the primary agent of No-Fault Insurance, you, MITCHELL DEAN, assisted aided, and/or abetted Roy Gutierrez in the act of “sliding” which is violative of the Florida Insurance Code. IT IS THEREFORE CHARGED that you, MITCHELL DEAN, 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 licenses and appointments: (a) No person shall transact insurance in this state, or relative to the subject of insurance resident, located, or to be performed in this state, without complying with the applicable provisions of this Code. [Section 624.11, Florida Statutes]; (b) With respect to general lines insurance, no person shall, unless licensed as an agent: solicit insurance or procure applications therefore; in this state receive or receipt for any money on account of or for any insurer, or receive or receipt for money from other persons to be transmitted to any insurer for a policy, contract, or certificate of insurance or any renewal thereof, although such policy, certificate, or contract is not signed by him or her as agent or representative of the insurer; directly or indirectly represent himself or herself to be an agent of any insurer or as an agent, to collect or forward any insurance premium, or to solicit, negotiate, effect, procure, receive, deliver, or forward, directly or indirectly, any insurance contract or renewal thereof or any endorsement relating to an insurance contract, or attempt to effect the same, of property or insurable business activities or interests, located in this state. [Section 626.041(a)(b)(c), Florida Statutes]; (c} 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]; (d) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (e) 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]; (f) 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) 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) Unlawful Activities by Unlicensed Insurance Agency Personnel. -- (1) Comparing insurance products; advising at to insurance needs or insurance matters; or interpreting policies or coverages. (2) Binding new, additional, or replacement coverage for new or existing customers; or binding coverage on or recording additional property under existing policies. (3) Soliciting the sale of insurance by telephone, in person, or by other communication. [Rule 4-222.060, Florida Administrative Code]. COUNT II 16. The above general allegations are hereby realleged and fully incorporated herein by reference. 17. On or about May 8, 2001, Roy Gutierrez, an employee of No-Fault Insurance under your, MITCHELL DEAN, direct supervision and control, solicited and transacted insurance with Fernando Nava. In connection with said insurance transaction, Roy Gutierrez filled out the insurance application, collected the premium down payment for said insurance transaction, gave Fernando Nava financing instructions, and provided several documents to Fernando Nava to sign without explaining said documents. 18. Inconnection with the insurance transaction set forth in Paragraph 17, Roy Gutierrez charged Fernando Nava $35.00 for an ancillary non-insurance product, a motor club product, and $110.00 for an ancillary insurance product, medical protection assistance coverage without Fernando Nava’s informed consent. These were ancillary products that Fernando Nava did not want and did not ask for. 19. At the time of the insurance transaction referenced in Paragraph 17, you, MITCHELL DEAN, knew Roy Gutierrez was not licensed as an insurance agent or a customer representative. Your, MITCHELL DEAN, name was set forth on Fernando Nava’s insurance application as the agent of record. 20. As the primary agent of No-Fault Insurance, you, MITCHELL DEAN, assisted, aided and/or abetted Roy Gutierrez, an unlicensed person, in the solicitation and transaction of insurance, which is violative of the Florida Insurance Code and Florida Administrative Code. 21. As the primary agent of No-Fault Insurance, you, MITCHELL DEAN, assisted, aided, and/or abetted Roy Gutierrez in the act of “sliding” which is violative of the Florida Insurance Code. IT IS THEREFORE CHARGED that you, MITCHELL DEAN, 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 licenses and appointments: (a) No person shall transact insurance in this state, or relative to the subject of insurance resident, located, or to be performed in this state, without complying with the applicable provisions of this Code. [Section 624.11, Florida Statutes]; (b) With respect to general lines insurance, no person shall, unless licensed as an agent: solicit insurance or procure applications therefore; in this state receive or receipt for any money on account of or for any insurer, or receive or receipt for money from other persons to be transmitted to any insurer for a policy, contract, or certificate of insurance or any renewal thereof, although such policy, certificate, or contract is not signed by him or her as agent or representative of the insurer; directly or indirectly represent himself or herself to be an agent of any insurer or as an agent, to collect or forward any insurance premium, or to solicit, negotiate, effect, procure, receive, deliver, or forward, directly or indirectly, any insurance contract or renewal thereof or any endorsement relating to an insurance contract, or attempt to effect the same, of property or insurable business activities or interests, located in this state. [Section 626.041(a)(b)(c), Florida Statutes]; (c) 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]; (d) | Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (e) 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]; (fA 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) 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) Unlawful Activities by Unlicensed Insurance Agency Personnel. -- (1) Comparing insurance products; advising at to insurance needs or insurance matters; or interpreting policies or coverages. (2) Binding new, additional, or replacement coverage for new or existing customers; or binding coverage on or recording additional property under existing policies. (3) Soliciting the sale of insurance by telephone, in person, or by other communication. [Rule 4-222.060, Florida Administrative Code]. COUNT III 22 The above general allegations are hereby realleged and fully incorporated herein by reference. 23. On or about December 11, 2000, Domingo Rodriguez went to No-Fault to purchase automobile insurance. 24. Domingo Rodriguez informed you, MITCHELL DEAN, that he only wanted the following coverages: property damage, personal injury protection, and bodily injury. Mr. Rodriguez did not want any additional ancillary coverages or products. 25. In connection with your, MITCHELL DEAN, insurance transaction with Domingo Rodriguez for the purchase of automobile insurance, you, MITCHELL DEAN, falsely informed Domingo Rodriguez that his annual insurance premium was $675.00. 26. The insurance premium of $675.00 included a fee of $65.00 for an ancillary non- insurance product, a motor club product, and a fee of $200.00 for an ancillary insurance product, medical protection assistance coverage. These are ancillary products that Domingo Rodriguez did not want and did not ask for. 27. Domingo Rodriguez provided you, MITCHELL DEAN, with an insurance premium down payment of $187.00, of which you, MITCHELL DEAN, applied $65.00 of the monies towards the purchase of a motor club product without his (Rodriguez) informed consent. 28. You, MITCHELL DEAN, caused Domingo Rodriguez to purchase an ancillary non-insurance product, a motor club product, and an ancillary insurance product, medical protection assistance coverage, without his informed consent. 29. You, MITCHELL DEAN, knowingly collected from Domingo Rodriguez a charge in excess of the premium or charge applicable to such insurance. 30. The deceptive omissions and/or misrepresentations to Domingo Rodriguez were made for the purpose of enabling you, MITCHELL DEAN, to obtain a substantial fee, commission, money or other benefit. IT IS THEREFORE CHARGED that you, MITCHELL DEAN, 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 licenses and appointments: (a) All premiums, return premiums, or other funds belonging to others received by an agent, ..., in transactions under his license shall be trust funds so received by the licensee ina fiduciary capacity. .. . The licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other persons 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 [Florida Insurance Code]. [Section 626.611(4), Florida Statutes]; (c) 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 information or advertising. [Section 626.611(5), Florida Statutes]; (d) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (e) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (f) Misappropriation, conversion, or unlawful withholding of monies belonging to insurers or insureds or beneficiaries or to others received in conduct of business under the license or appointment. [Section 626.611(10), Florida Statutes]; (g) Willful failure to comply with, or willful violation of, an 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 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]; @ In the conduct of business under 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 [yourself] to be a source of injury or loss to the public or detrimental to the public interest. [Section 626.621(6), Florida Statutes]; Gj) No person shall engage in this state in any trade practice which is defined in [Part X, Section 626, Florida Statutes] or determined pursuant to [Sections 626.951 or 626.9561, Florida Statues] to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance. [Section 626.9521(1), Florida Statutes]; (k) ... Knowingly making, issuing, circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison which: 1.Misrepresents the benefits, advantages, conditions, or terms of any insurance policy. [Section 626.9541(1)(a)1, Florida Statutes]; qd) Knowingly making, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed 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]; (m) 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]; (n) 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; or, in cases when classifications, premiums, or rates are not required by this code to be so filed and approved, premiums and charges in excess of or less than those specified in the policy and as fixed by the insurer... [Section 626.9541(1)(o)2, Florida Statutes]; (0) 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)3, Florida Statutes]. COUNT IV 31. The above general allegations are hereby realleged and fully incorporated herein by reference. 32. On or about December 15, 2000, Rosa Alifonso went to No-Fault to purchase automobile insurance for her two automobiles. 33. In connection with your, MITCHELL DEAN, insurance transaction with Rosa Alifonso for the purchase of automobile insurance, you, MITCHELL DEAN, falsely informed Rosa Alifonso that her annual insurance premium was $1325.00. 34. The insurance premium of $1325.00 included a fee of $100.00 for an ancillary non-insurance product, a motor club product, and a fee of $320.00 for an ancillary insurance product, medical protection assistance coverage. These are ancillary products that Rosa Alifonso did not want and did not ask for. 35. Rosa Alifonso provided you, MITCHELL DEAN, with an insurance premium down payment of $345.00, of which you, MITCHELL DEAN, applied $100.00 of the monies towards the purchase of a motor club product without her informed consent. 36. You, MITCHELL DEAN, caused Rosa Alifonso to purchase an ancillary insurance product, medical protection assistance coverage, and an ancillary non-insurance product, a motor club product, without her informed consent. 37. You, MITCHELL DEAN, knowingly collected from Rosa Alifonso a charge in excess of the premium or charge applicable to such insurance. 38. The deceptive omissions and/or misrepresentations to Rosa Alifonso were made for the purpose of enabling you, MITCHELL DEAN, to obtain a substantial fee, commission, money or other benefit. IT IS THEREFORE CHARGED that you, MITCHELL DEAN, 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 licenses and appointments: (a) All premiums, return premiums, or other funds belonging to others received by an agent, . . . .in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity. ... The licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other persons 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) 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 information or advertising. [Section 626.611(5), Florida Statutes]; (d) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]; (e) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]; (69) Misappropriation, conversion, or unlawful withholding of monies belonging to insurers or insureds or beneficiaries or to others received in conduct of business under the license or appointment. [Section 626.611(10), Florida Statutes]; (g) Willful failure to comply with, or willful violation of, an 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 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]; (i) In the conduct of business under 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 [yourself] to be a source of injury or loss to the public or detrimental to the public interest. (Section 626.621(6), Florida Statutes); q) No person shall engage in this state in any trade practice which is defined in [Part X, Section 626, Florida Statutes] or determined pursuant to [Sections 626.951 or 626.9561, Florida Statues] to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance. [Section 626.9521(1), Florida Statutes}; (k) Knowingly making, issuing, circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison which: 1. Misrepresents the benefits, advantages, conditions, or terms of any insurance policy. [Section 626.9541(1)(a)1, Florida Statutes]; () Knowingly making, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed 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]; (m) 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]; (n) 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; or, in cases when classifications, premiums, or rates are not required by this code to be so filed and approved, premiums and charges in excess of or less than those specified in the policy and as fixed by the insurer... [Section 626.9541(1)(0)2, Florida Statutes]; (0) 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)3, Florida Statutes]. WHEREFORE, you, MITCHELL DEAN, 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 in this state or to impose such penalties as may be provided under the provisions of Sections 626.611, 626.621, 626.681 and 626.691, Florida Statutes as set out in this Administrative Complaint. You are further notified that any order entered in this case suspending or revoking any license or eligibility for licensure held by you shall also apply to all other licenses and eligibility held by you under the Florida Insurance Code. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-107, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel as acting Agency Clerk, at the Florida Department of Insurance, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written response must be received by the Department no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to a hearing. YOUR FAILURE TO RESPOND IN WRITING WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE 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. 16 oe) : . Administrative Hearings. Unless the majority of witnesses are located elsewhere, the/,. ONT fe CY Oo . ihe Department will request that the hearing be conducted in Tallahassee, F loridé; “¢, ~ e Jy Failure to follow the procedure outlined with regard to your response to thisiptice-may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an 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. Mediation of this matter pursuant to Section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department of Insurance. DATED this 23rd day of April , 2002 KENNEY SHIPLE Deputy Insurance Commissioner CERTIFICATE OF SERVICE < “0, > Ws 1 HEREBY CERTIFY that a true and correct copy of the foregoing Ad. iis ae Complaint has been furnished to: OS “#4 MITCHELL DEAN 5276 Middle Court Orlando, FL 32811 MITCHELL DEAN State No-Fault Insurance of Kissimmee 11218 South Orange Blossom Trail Orlando, FL 32837 by Certified Mail/Restricted Delivery this _23°4 day of April , 2002. Mechele R. McBride, Esquire ekg Florida Bar No. 0079197 Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Fl 32399-0333 (850) 413-4114 THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE TOM GALLAGHER May 16, 2002 Honorable Sharyn Smith, Director Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Re: IN THE MATTER OF: LARRY YALE KRAKOW DOI CASE NO.: 43050-02-AG (Ad007 Al. Dear Ms. Smith: Enclosed please find two copies of the Administrative Complaint and one copy of the Election of Proceeding requesting a formal administrative proceeding in accordance with Section 120.57(1), Florida Statutes. | will be representing the Department in this matter. Please assign an administrative law judge to consider this matter. Thank you for your consideration of this request. Sincerely, Ub hel. Me Shoe yyy Enclosure JLS/sy TREASURER ¢ INSURANCE COMMISSIONER © FIRE MARSHAL eee MECHELE R. MCBRIDE ¢ SENIOR ATTORNEY ¢ DIVISION OF LEGAL SERVICES 200 EAST GAINES STREET ¢ TALLAHASSEE, FLORIDA 32399-0333 © (850) 413-4114 © FACSIMILE (850) 488-0697 Affirmative Action / Equal Opportunity Employer

Docket for Case No: 02-002006PL