(2 149 IPC FILED reo 7 2005 THE TREASURER OF THE STATE OF FLORIDA oy DEPARTMENT OF INSURANCE Bocketed aL TOM GALLAGHER - oR. CHIEF FINANCIAL OFFICER o et ~ esa IN THE MATTER OF: mY” Sak. va CASE NO. 65408-03-AG vy JERROD KEITH ZELANKA Po oe / rm = ADMINISTRATIVE COMPLAINT TO: JERROD KEITH ZELANKA 5099 Monterey Lane Delray Beach, Florida 33484 JERROD KEITH ZELANKA 750 E. Sample Road Pompano Beach, Florida 33064-5144 JERROD KEITH ZELANKA 701 SW 15™ Street Boca Raton, Florida 33486 You, JERROD KEITH ZELANKA, are hereby notified that pursuant to Chapter 626, Florida Statutes, the Chief Financial Officer of the State of Florida, has caused to be made an investigation of your activities while licensed as an insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1, You, JERROD KEITH ZELANKA, are currently licensed in the state as a general lines insurance agent and as a surplus lines insurance agent. 2. At all time pertinent to the dates and occurrences referred to in this Administrative Complaint you, JERROD KEITH ZELANKA, were licensed as an insurance agent in this state. 3. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint, you, JERROD KEITH ZELANKA, were an officer and director of Professional Insurance Services, Inc. a Florida corporation, doing business in this state as an insurance agency under the names of American Insurance Management and Accredited Insurance Group, Inc. 4. At all times pertinent to the dates and occurrences referred to herein, a contractual relationship existed between Explorer Insurance Company and Accredited Insurance Group, Inc. 5. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint all funds received by you, JERROD KEITH ZELANKA, pursuant to Section 626.561, Florida Statutes, from consumers or on behalf of consumers were trust funds received in a fiduciary capacity and were to be paid over to persons entitled thereto in the regular course of business. COUNT 1 6. Paragraphs one through five are realleged and incorporated herein by reference. 7. Between August 9, 2001 and October 28, 2001, you, JERROD KEITH ZELANKA, or someone under your direct supervision and control, did remit 20 checks drawn on the agency bank account to Explorer Insurance Company, in the total amount of approximately $4,636.00. These funds were intended to be the premium payments on insurance policies purchased by Florida insurance consumers. 8. You, JERROD KEITH ZELANKA, or someone under your direct supervision and control, forwarded the above-mentioned checks to Explorer Insurance Company in payment of the policy premiums. 9. These checks were presented for payment to the drawee bank but payment was refused and the checks returned for insufficient funds. You, JERROD KEITH ZELANKA, or someone under your direct supervision and control, failed to remit the funds to the respective payee or anyone else so entitled 10. The above-mentioned premium payments represented trust funds received by you, JERROD KEITH ZELANKA, from insurance consumers in a fiduciary capacity for Explorer Insurance Company. 11. You, JERROD KEITH ZELANKA, have converted, misappropriated, or wrongfully withheld fiduciary funds belonging to Explorer Insurance Company. 12. Demand has been made by Explorer Insurance Company for payment of the funds, but you, JERROD KEITH ZELANKA, have refused same. As a result, Explorer Insurance Company has suffered a significant financial loss. IT IS THEREFORE CHARGED that you, JERROD KEITH ZELANKA, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department which constitute grounds for the suspension or revocation of your insurance licenses and eligibility for licensure: (a) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. [Section 626.561(1), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes}; (c) Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.61 1(9), Florida Statutes}; (d) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license. [Section 626.611(10), Florida Statutes]; (e) Failure or refusal, upon demand, to pay over to any insurer he represents or has represented any money coming into his hands belonging to the insurer. [Section 626.621(4), Florida Statutes]; WHEREFORE, you, JERROD KEITH ZELANKA, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your 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, 626.692, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. You are further notified that any order entered in this case revoking or suspending 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 Financial Services, 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. 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. If a 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 regard, you may submit oral or written 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 in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. 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. 6 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 Financial Services. 7th February 2003. DATED this day of ia Khor LC Lea ller KAREN CHANDLER Deputy Chief Financial Officer STATE OF FLORIDA “a Re DEPARTMENT OF INSURANCE 4 “f) % IN THE MATTER OF: See, ‘ Ag pee JERROD KEITH ZELANKA Nex, / Case No. 65103-03-8G "<-> ELECTION OF PROCEEDING I have received and have read the Notice of the ADMINISTRATIVE COMPLAINT filed against me, including the Notice of Rights contained therein, and I understand my options. I am requesting disposition of this matter as indicated below. (Choose one) 1 J I do not dispute any of the Department's factual allegations and I do not desire a hearing. I understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including revoking my licenses and appointments as may be appropriate. 2. I do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with section 120.57(2), Florida Statutes, In this regard, I desire to (Choose one): { ] Submit a written statement and documentary evidence in lieu of a hearing; or { ] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or [ ] Attend that same hearing by way of a telephone conference call. 3.{] I do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF INSURANCE WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: General Counsel as acting agency clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Strect, Tallahassee, Florida 32399-0333. Signature Print Name Date: Address: Phone No.: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint was mailed by certified mail to: JERROD KEITH ZELANKA, at 5099 Monterey Lane, Delray Beach, Florida 33484, 750 E. Sample Road, Pompano Beach, Florida 33064 and 701 SW 15" Street, Boca Raton, Florida 33486 on this 7th day of February 2093. ba A Kaus ‘4 JAMES A. ALL. ESQUIR \_ Division of Legal Services 612 Larson Building Tallahassee, FL 32399-0333 (850) 413-4124

Docket for Case No: 03-001447PL

Orders for Case No: 03-001447PL