TOM GALLAGHER CHIEF FINANCIAL OFFICER IN THE MATTER OF: SORAYA DEL-C MEMBRENO / TO: ADMINISTRATIVE COMPLAINT SORAYA DEL-C MEMBRENO 24922 S.W. 127" Path Princeton, Florida 33032 SORAYA DEL-C MEMBRENO C/O All Florida Insurance Agency 7243 S.W. 24" Street Miami, Florida 33155 SORAYA DEL-C MEMBRENO C/O All Florida Insurance of Miami, Inc. 8450 Bird Road Miami, Florida33155 (2 3607 FILED SEP 17% 2003 CASE NO.: 70516-03-AG You, SORAYA DEL-C MEMBRENO, are hereby notified that 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 and as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, SORAYA DEL-C MEMBRENO, currently are licensed in this state as a general lines (2-20) agent, and were so licensed at all times relevant to the dates and occurrences referenced herein. Your license identification number is Al176170. 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (hereinafter referred to as the “Department”) has jurisdiction over your license and appointments. 3. At all times relevant to the dates and occurrences referenced herein, you, SORAYA DEL-C MEMBRENO, were a corporate officer of S.M. Insurance Services, Inc. d/b/a All Florida Insurance Agency (hereinafter “All Florida”), located at 7243 S.W. 24" Street, Miami, Florida 33155. 4. At all times relevant to the dates and occurrences referenced herein, pursuant to Section 626.734, Florida Statutes, you, SORAYA DEL-C MEMBRENO, were personally and fully liable and accountable for any wrongful acts, misconduct, or violation of any provision of the Insurance Code committed either by you or anyone under your direct supervision and control while acting on behalf of the corporation. References to you, SORAYA DEL-C MEMBRENO, include persons acting under your direct supervision and control. COUNT I 5. The above general allegations are hereby realleged and fully incorporated herein by reference. 6. On or about September 8, 2000, you, SORAYA DEL-C MEMBRENO, issued a “Evidence of Property Insurance” form indicating that insurance was in force for property about to be purchased by SM. 7. On this same date, you, SORAYA DEL-C MEMBRENO, issued a “Premium Invoice” for this insurance indicating an amount due from SM of $832.00. 8. On this same date, SM remitted $832.00 in cash to the Law Offices of VCR, closing agent on the property, representing payment of the amount owed for this insurance. 9. The following day VCR issued a law firm trust account check forwarding the $832.00 to All Florida. This trust account check was not deposited by All Florida until approximately fifty-one (51) weeks later, on September 4, 2001. In the meantime, no insurance actually was purchased by All Florida for SM’s property, leaving SM vulnerable to losses she intended to be insured against. 10. The $832.00 eventually was reimbursed by All Florida to SM, but only after a civil court found you, SORAYA DEL-C MEMBRENO, liable to SM for this amount on January 29, 2003. If IS THEREFORE CHARGED that you, SORAYA DEL-C MEMBRENO, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this state: (a) _—_ All premiums, return premiums, or other funds belonging to insurers or others received by an agent, customer representative, or adjuster in transactions under his or her license are trust funds received by the licensee in a fiduciary capacity. An agent shall keep the funds belonging to each insurer for which he or she is not appointed, other than a surplus lines insurer, SSE ie SASS in a separate account so as to allow the department to properly audit such funds. 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) 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]. (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), Florida Statutes]. (69) 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]. WHEREFORE, you, SORAYA DEL-C MEMBRENO, 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, and 626.691, Florida Statutes, and 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. 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 from the agency. Tf 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. 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. nr Et PE en we 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. DATED and SIGNED this } 44 h day of Sephember 2003. PAUw NN CHANDLER Deputy Chief Financial Officer 2. Article Number CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to: SORAYA DEL-C MEMBRENO, 24922 §.W. 127!" Path, Princeton, Florida 33032; SORAYA DEL-C MEMBRENO, C/O All Florida Insurance Agency, 7243 S.W. 24" Street, Miami, Florida 33155; and, SORAYA DEL-C MEMBRENO, C/O All Flori: Insurance of Miami, Inc., 8450 Bird Road, Miami, Florida 33155 by Certified Mail this day of oy 2003. 2 rep S. Florida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4180 Florida Bar Number 0131369 COMPLETE THIS SECTION ON DELIVERY ‘A. Received by (Please Print Clearly) C. Signature xf Newbryrer) Pitan 35 + || D. Is delivery address different from Item 17 a tes 7abO 3501 seu4 2700 34 ole Thy YES, enter delivery address below: 4. Restricted Delivery? (Extra Fee) Biles 3. Service rE CERTIFIED MAIL | 1. Article Aqdressed to: SORAYA DEL-C MEMBRENO C/O ALL FLORIDA INSURANCE AGENCY 7243 S. W. 24TH STREET MIAMI, FL 33155 eference Information 70516-03-AG A/C 09/17/2003 Marr PS Form 3811, July 2001 Domestic Return Receipt

Docket for Case No: 03-003803PL