MAY 2 2002 THE TREASURER OF THE STATE OF FLORIDA uw DEPARTMENT OF INSURANCE Docketed ys eeeamae Tom GALLAGHER + y IN THE MATTER OF: Qo CASE NO.: 60995-02-AG % 7, MICHAEL AARON SOLOMON “Dé “4. ty Kg, be ‘ ADMINISTRATIVE COMPLAINT TO: MICHAEL AARON SOLOMON 10565 Pelican Drive Wellington, Florida 33414 MICHAEL AARON SOLOMON 12230 Forest Hill Boulevard Suite 160 Wellington, Florida 33414 You, MICHAEL AARON SOLOMON, license LD. #A249064, 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, MICHAEL AARON SOLOMON, are currently licensed in this state as a life insurance (2-16) agent, a health insurance (2-40) agent, a life and health insurance (2-18) agent, a life and variable annuity insurance (2-14) agent, and a life, health, and variable annuity insurance (2-15) agent. | 2. At all times pertinent to the dates and occurrences referred to herein, you, MICHAEL AARON SOLOMON, were licensed in this state as a life insurance (2-16) agent, a health insurance (2-40) agent, a life and health insurance (2-18) agent, a life and variable annuity insurance (2-14) agent, and a life, health, and variable annuity insurance (2-15) agent. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance (hereinafter “Department”) has jurisdiction over your insurance licenses and appointments. 4. In 1996 you, MICHAEL AARON SOLOMON, were suspended by the Department of Insurance for nine months, placed on probation for two years, fined fifteen hundred dollars ($1,500) and ordered to pay one thousand seven hundred seventy-five dollars and seventy-seven cents ($1,775.77) restitution for alleged misappropriation. COUNT | 4. The above general allegations are hereby realleged and fully incorporated herein by reference. 5. On or about February 4, 1997, you, MICHAEL AARON SOLOMON, in the Circuit Court in the 17th Judicial Circuit in and for Broward County, Florida, Case No. 96- 11564CF10, pled nolo contendere to grand theft of over $100,000, a felony. Your sentence included twenty (20) years probation, restitution capped at $330,000, surrender of your securities license, and orders to not enter into a fiduciary relationship, or to accept powers of attorney, with an elderly person. IT Is THEREFORE CHARGED that you, MICHAEL AARON SOLOMON, 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) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. (Section 626.611(7), Florida Statutes]; ee ee (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) Having been found guilty of or having pleaded guilty or nolo contendere to a felony or a crime punishable by imprisonment of 1 year or more under the law of the United States of America or of any state thereof or under the law of any other country which involves moral turpitude, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases. [Section 626.611(14), Florida Statutes]; (a) Any cause for which issuance of the license or permit could have been refused had it then existed and been known to the department. [Section 626.621(1), Florida Statutes); (e) Having been found guilty of or having pleaded guilty or nolo contendere to a felony or acrime punishable by imprisonment of 1 year or more under the law of the United States of America or of any state thereof or under the law of any other country, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases. (Section 626.621(8), Florida Statutes]. COUNT II 6. The above paragraphs one through five are hereby realleged and fully incorporated herein by reference. 7. ) You, MICHAEL AARON SOLOMON, failed to notify the Department in writing of your nolo contendere plea within 30 days. IT IS THEREFORE CHARGED that you, MICHAEL AARON SOLOMON, have violated or are accountable under the following provisions of the Florida Insurance Code and ee Rules of the Department of Insurance which constitute rounds for the suspension or revocation of your licenses and appointments: (a) Failure to inform the department in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony or a crime punishable by imprisonment of 1 year Or more under the law of the United States or of any state thereof, or under the law of any other country without regard to whether a Judgment of conviction has been entered by the court having jurisdiction of the case. [Section 626.621(11), 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 626.61 1(13), Florida Statutes], WHEREFORE, you, MICHAEL AARON SOLOMON, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your licenses and appointment as an insurance agent or to impose such penalties as may be provided under the provisions of Sections 626.611, 626.62 1, 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, 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 28-1 07, 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 — nS ee cane een + Agency Clerk, at the Florida Department of Insurance, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written Tesponse 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. If you request a Proceeding, you must provide information that complies with the requirements of Rule 28-107.004, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specifically, your response must contain: (a) The name and address of the party making the request, for Purpose of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show Cause, administrative complaint, or other communication that the party has received form the agency. Ifa hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. If a proceeding is requested and there is no dispute of material fact, the provisions of section 120.57(2), Florida Statutes, apply. In this tegard, you may submit oral or written ens unisuumeeengee evidence in opposition to the action taken by the Department or a written Statement challenging the grounds upon which the Department has relied. While a hearing is normally not required jn the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, F lorida, or by telephonic conference call upon your request, However, if you dispute material facts which are the basis for the Department’s action, you must request an adversarial proceeding pursuant to sections 120.569 and 120.57(1), Florida Statutes. These Proceedings are held before a State administrative law judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied, Al! 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 and SIGNED this [# day of Mex. , 2002. K Shc, KENNEY SHIPLEY Deputy Insurance Commissioner

Docket for Case No: 02-004592PL