AUG 22 2005 TOM GALLAGHER CHIEF FINANCIAL OFFICER Docketed py tg IN THE MATTER OF: CASE NO: 67417-03-AG PATRICIA DIANE HESLINGTON-PETRE a ADMINISTRATIVE COMPLAINT TO: PATRICIA DIANE HESLINGTON-PET RE 7860 NW 12" Street Pembroke Pines, FL 33204 You, PATRICIA DIANE HESLINGTON-PETRE, license LD. #A117977, are hereby notified that the Chief Financial Officer, f/k/a 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 Statues, you, PATRICIA DIANE HESLINGTON-PETRE, are curiently licensed in this state as a General Lines Agent (2-20). Your license identification number is A117977. 2. At all times pertinent to the dates and occurrences referred to herein, you, PATRICIA DIANE HESLINGTON-PETRE, were licensed in this state as 4 General Lines Insurance Agent. 3. Pursuant to Chapter 626, Florida Statutes, and the Florida Insurance Code, the Florida Department of Financial Services, f/k/a the Florida Department of Insurance, has jurisdiction over your insurance licenses and appointments. 4. Prior to March 2000, you, PATRICIA DIANE HESLINGTON-PETRE, were the designated Primary Agent for Adler & Adler Insurance Agency, which is located at 733 NE 167" Street, North Miami Beach, Florida 33162. 5. After March 2000, you, PATRICIA DIANE HESLINGTON-PETRE, became the designated primary agent, owner, and operator for All-Secured Insurance, Inc., which is located at 7860 NW 12'" Street, Pembroke Pines, Florida 33024. 6. Pursuant to Section 626.592, Florida Statutes, you, PATRICIA DIANE HESLINGTON-PETRE, were responsible for the hiring and supervision of all individuals within the insurance agency location whether such individuals dealt with the public in the solicitation or negotiation of insurance contracts or in the collection or accounting of moneys from the general public, at the locations described above for the times and occurrences as hereafter presented. References to you, PATRICIA DIANE HESLINGTON-PETRE, include persons acting under your direct supervision and control at the agency locations described above. 7. Your residence is also listed in Department records as 7860 NW 12" Street, Pembroke Pines, Florida 33204. COUNT 1 8. The above general allegations are realleged and fully incorporated herein by reference. 9. On or about November 29, 2000, you, PATRICIA DIANE HESLINGTON- PETRE, received a check from First Nationwide Mortgage of Frederick, Maryland as premium payment for hazard insurance on behalf of Joseph E. Toussaint of Miami, Florida. This payment totaled $1,211.00. You, PATRICIA DIANE HESLINGTON-PETRE, deposited the above mentioned funds into your business bank account. 10. You, PATRICIA DIANE HESLINGTON-PETRE, failed to remit the } premium . funds to any insurance company or to refund the premiums | to either First Nationwide Mortgage . or Joseph E. Toussaint. Asa result, Mr. Toussaint’s insurance policy lapsed. 11. You, PATRICIA DIANE HESLINGTON-PETRE, have misappropriated, converted, or withheld moneys belonging to First Nationwide Mortgage and/or Joseph E. Toussaint. As a result, Mr. Toussaint lost his homeowners insurance coverage and has suffered a significant financial loss. IT IS THEREFORE CHARGED that you, PATRICIA DIANE HESLINGTON-PETRE, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance, n/k/a the Department of Financial Services, which constitute grounds for the suspension or revocation of your licenses and appointments as a general lines insurance agent: (a) All premiums, return premiums, or other funds belonging to insurers, insureds, or others received by an agent under his license are trust funds received by the licensee in a fiduciary capacity. The licensee in the regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. [Section 626.561, Florida Statutes); (b) Demonstrated lack of fitness or trustworthiness to engage in the business of ‘insurance. [Section 626.611(7)]; (c) 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]; (d) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes}; (e) 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 or appointment. [Section 626.61 1(10)]; (f) 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]; (g) 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]; COUNT II 12, The above general allegations are hereby realleged and fully incorporated herein by reference. 13. On or about December 3, 2002, Florida Department of Financial Services Investigator, Ana Martinez, conducted an inspection of All-Secured Insurance, Inc.’s office, which is located at 7860 NW 12" Street, Pembroke Pines, Florida 33024. 14, Upon inspection, Ms. Martinez viewed no signs posted that would signify your residence as the location of your place of business and viewed no signs that your place of business was accessible to the public. 15. You, PATRICIA DIANE HESLINGTON-PETRE, as the owner and operator of All-Secured Insurance, a licensed general agent, and the primary agent for All-Secured Insurance are responsible for maintaining a place a business that is easily accessible to the public and whose existence is suitably advertised to the public. You, PATRICIA DIANE HESLINGTON- ee wee PETRE, failed to maintain an easily accessible and suitably advertised place of business. IT IS THEREFORE CHARGED that you, PATRICIA DIANE HESLINGTON-PETRE, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance, n/k/a the Department of Financial Services, which constitute grounds for the suspension or revocation of your licenses and appointments as a general lines insurance agent: (a) Sections 626.611(7), 626.61 1(8), 626.611(9), 626.61 1(13) and 626.621(2), Florida Statutes, which are more fully set forth in Count J above and fully incorporated herein by reference. (b) An agent may maintain within the state a place of business which is accessible to the public in connection with the place of residence of the agent if the office is easily accessible to the public and is in fact in the usual course of business used by the agent in his or her dealings with the public. [Section 626.749(2), Florida Statutes] (c) An agent may maintain within the state a place of business, which is accessible to the public in connection with the place of residence of the agent if the existence of such place of business is suitably advertised, as determined by the Department. [Section 626.749(3), Florida Statutes] WHEREFORE, you, PATRICIA DIANE HESLINGTON-PETRE, are hereby notified that the Chief Financial Officer, f/k/a the Treasurer and Insurance Commissioner, intends to enter an Order suspending or revoking your licenses and appointments as a general lines insurance agent or to impose such penalties as may provided under the provisions of Sections 626.611, 626.621, 626.681, 626.691, and 626.901, Florida Statutes, under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint, and under the provisions of Rule Chapter 4-231, Florida Administrative Code. 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. The Department must receive your written response 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 from 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 a rr EET LA Se ARASCcc I 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. 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 Financial Services, f/k/a the Department of Insurance. web DATED this = day of en , 2003. s KAREN CHANDLER Deputy Chief Financial Officer CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished to PATRICIA DIANE HESLINGTON-PETRE, TON 12" Street, Pembroke Pines, Florida 33024, by —d restricted U.S. Certified Mail this ay of_ Cuguad 2003. ) ee Casta R. Belk Fla. Bar. No. 0616885 Florida Department of Financial Services Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4170

Docket for Case No: 03-003333PL