LP L723 FILED DEPARTMENT OF FINANCIAL SERVICES OCT 2 2003 Docketed by- iF. J ‘ TOM GALLAGHER CHIEF FINANCIAL OFFICER IN THE MATTER OF: CASE NO.: 65235-03-AG_ MANNY ANGELO VARAS aS / ADMINISTRATIVE COMPLAINT TO: MANNY ANGELO VARAS 240 Costanera Rd. Coral Gables, FL 33143-6521 MANNY ANGELO VARAS 9212 SW 73rd AVE Pinecrest , FL 33156 You, MANNY ANGELO VARAS, license I.D. #D007814, 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, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, MANNY ANGELO VARAS, are currently licensed in this state as a General Lines (Property & Casualty Insurance) (2-20) agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, MANNY ANGELO VARAS, were licensed in this state as a General Lines (Property & Casualty Insurance) (2-20) agent. 3. At all times pertinent to the dates and occurrences referred to herein, you, MANNY ANGELO VARAS, were listed as a signatory on the bank account #003061487740 with Bank of America for Professional Casualty Insurance Agency Incorporated (hereinafter “Professional Casualty”). 4. At all times pertinent to the dates and occurences referred to herein, you, MANNY ANGELO VARAS, were the director and primary agent for Professional Casualty. 5. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (hereinafter “Department”) has jurisdiction over your insurance licenses and appointments. 6. At all times relevant to the dates and occurrences referred to herein, all funds received by you, MANNY ANGELO VARAS, from consumers or on behalf of consumers representing premiums for insurance policies, were trust funds pursuant to Section 626.561(1), Florida Statutes, and were received in a fiduciary capacity and were to be accounted for and paid over to the insurer, insured or other persons entitled thereto in the regular course of business. COUNT I 7. The above general allegations are hereby realleged and fully incorporated herein by reference. 8. You, MANNY ANGELO VARAS, wrote dwelling fire coverage (DP-3) forms as opposed to homeowners (HO) forms on numerous accounts, without the knowledge or permission of your insureds, thus providing them with less coverage. For example, while included on a homeowners policy, a dwelling fire policy does not provide theft coverage, and a replacement cost contents endorsement is not an option. 9. You, MANNY ANGELO VARAS, reduced your insureds’ contents limits to $10,000.00 without their knowledge or permission. By writing dwelling fire policies as opposed to homeowners, you provided your insureds with less personal property coverage, as a homeowners policy automatically includes a contents limit of 50 % of the dwelling limit. Further, you represented to mortgage brokers that these were homeowners policies for loan closings. 10. You, MANNY ANGELO VARAS, by the actions described above, caused your insureds to unknowingly go without the necessary coverage to protect their investment. IT IS THEREFORE CHARGED that you, MANNY ANGELO VARAS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your license and appointments: (a) 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); (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(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) 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]; () 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) In the conduct of business under the 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 himself or herself to be a source of injury or loss to the public or detrimental to the public interest. [Section 626.621(6), Florida Statutes]. COUNT II 11. The above general allegations are hereby realleged and fully incorporated herein by reference. 12. You, MANNY ANGELO VARAS, issued a New America Homeowners Renewal Policy #NV623705#2 to A.L.A.. and M.M.A. of Hallandale, FL. 13. New America assessed the total amount of renewal policy premium charges at $390.00. 14. You, MANNY ANGELO VARAS, billed the mortgagee, Washington Mutual Home Loans Inc. (Washington Mutual) for $590.00, when you knew or should have known that the actual premium was $390.00. 15. You, MANNY ANGELO VARAS, sent check #4991 in the amount of $390.00 from Professional Casualty to New America for policy #NV623705, and retained the $200.00. 16. | You, MANNY ANGELO VARAS, misappropriated the $200.00 by failing to properly submit this amount to New America or refund it to Washington Mutual. IT IS THEREFORE CHARGED that you, MANNY ANGELO VARAS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your license and appointments: (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, 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) If the funds diverted or misappropriated are more than $300, but less than $20,000, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. [Section 626.562(3)(b), Florida Statutes]; (c) If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code. [Section 626.61 1(4), Florida Statutes}; (d) 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 dissemination of information or advertising. [Section 626.611(5), Florida Statutes]; (e) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]; (ff) 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]; (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]; (h) In the conduct of business under the license or appointment, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part IX of this chapter, or having otherwise shown himself or herself to be a source of injury or loss to the public or detrimental to the public interest. [Section 626.621(6), Florida Statutes}; (i) Knowingly making, issuing, circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison which misrepresents the benefits, advantages, conditions, or terms of any insurance policy. [Section 626.9541(1)(a)(1), Florida Statutes]; Gg) Knowingly making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public. [Section 626.9541(1)(b), Florida Statutes]; (k) Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement. [Section 626.9541(1)(e)(1)(e), Florida Statutes}; (¢)) 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]; (m) 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. This provision shall not be deemed to prohibit the charging and collection, by surplus lines agents licensed under part VIII of this chapter, of the amount of applicable state and federal taxes, or fees as authorized by s. 626.916(4), in addition to the premium required by the insurer or the charging and collection, by licensed agents, of the exact amount of any discount or other such fee charged by a credit card facility in connection with the use of a credit card, as authorized by subparagraph (q)3., in addition to the premium required by the insurer. This subparagraph shall not be construed to prohibit collection of a premium for a universal life or a variable or indeterminate value insurance policy made in accordance with the terms of the contract. [Section 626.9541(1)(0)(2), Florida Statutes]. COUNT Il 17. The above general allegations are hereby realleged and fully incorporated herein by reference. 18. | You, MANNY ANGELO VARAS, wrote Homeowners Policy # NV624109#2 with New America, for A.A. 19. | New America assessed the total amount of renewal policy premium charges at $697.00. 20. | You, MANNY ANGELO VARAS, in a fraudulent invoice, billed A.A.’s mortgage company, G.M.A.C. for $893.00. 21. G.M.A.C. sent check #1271136545 in the amount of $724.00 to New America for this policy. 22. You, MANNY ANGELO VARAS, attempted to fraudulently bill the above mortagee for the additional premium. ITIS THEREFORE CHARGED that you, MANNY ANGELO VARAS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your license and appointments: Sections 626.561(1), 626.562(3)(b), Section 626.611(4), 626.611(5), 626.611(9), 626.611(10), 626.621(2), 626.621(6), 626.9541(1)(a)(1), 626.9541(1)(b), 626.9541(1)(e)(1)(e), 626.9541(1)(k)(1), 626.9541(1)(0)(2), Florida Statutes which are set forth specifically in Count II above and are hereby realleged and fully incorporated herein by reference. COUNT IV 23. The above general allegations are hereby realleged and fully incorporated herein by reference. 24, You, MANNY ANGELO VARAS, issued Homeowners Renewal Policy #NV6250632 on behalf of New America, to L.M.L. of Miami, FL. 25. | New America assessed the total amount of renewal policy premium charges at $1,406.00. 26. Onor about November 7, 2001, you, MANNY ANGELO VARAS, sent from Professional Casualty to National City Mortgage Co. a fraudulent invoice reflecting a premium in the amount of $1,606.00. 27. | New America billed the mortgagee for $1,406.00, and they paid the correct premium by check #336026, in the amount of $1,406.00 on October 31, 2001. 28. You, MANNY ANGELO VARAS attempted to submit a fraudulent invoice for $200.00 in additional premiums. IT IS THEREFORE CHARGED that you, MANNY ANGELO VARAS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your license and appointments: Sections 626.561(1), 626.562(3)(b), Section 626.611(4), 626.611(5), 626.611(9), 626.611(10), 626.621(2), 626.621(6), 626.9541(1)(a)(1), 626.9541(1)(b), 626.9541(1)(e)(1)(e), 626.9541(1)(k)(1), 626.9541(1)(0)(2), Florida Statutes which are set forth specifically in Count Il above and are hereby realleged and fully incorporated herein by reference. COUNT V 29. The above general allegations are hereby realleged and fully incorporated herein by reference. . 30. You, MANNY ANGELO VARAS, issued Homeowners Renewal Policy #NV624314#2 on behalf of New America, to R.G.and D.G. of Hialeah, FL. 31. | New America assessed the total amount of renewal policy premium charges at $1,315.00. 32. You, MANNY ANGELO VARAS, in a fraudulent invoice, billed the mortgagee, Peninsula Mortgage Bankers Corporation, for $1,515.00. 33. Peninsula Mortgage Bankers Corporation issued check number 37297, dated October 31, 2001, in the amount of $1,515.00 to Professional Casualty for policy #N624314#2. 34. You, MANNY ANGELO VARAS failed to submit this $200.00 in additional premium to New America or refund the overpayment to Peninsula Mortgage Bankers Corporation. , IT IS THEREFORE CHARGED that you. MANNY ANGELO VARAS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your license and appointments: Sections 626.561(1), 626.562(3)(b), Section 626.611(4), 626.611(5), 626.611(9), 626.611(10), 626.621(2), 626.621(6), 626.9541(1)(a)(1), 626.9541(1)(b), 626.9541(1)(e)(1 )(e), 626.9541(1)(k)(1), 626.9541(1)(0)(2), Florida Statutes which are set forth specifically in Count II above and are hereby realleged and fully incorporated herein by reference. COUNT VI 35. The above general allegations are hereby realleged and fully incorporated herein by reference. 36. In the fall of 2001, New America Insurance Company issued the renewal of policy #NV623974#2 for A.G., with a premium of $735.00. 37. You, MANNY ANGELO VARAS, fraudulently billed A.G.’s mortagee, Bank of America, for $935.00. 10 38. You, MANNY ANGELO VARAS, failed to submit this $200 difference in premium to New America, or refund it to the insured or the mortagee. IT IS THEREFORE CHARGED that you, MANNY ANGELO VARAS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your license and appointments: Sections 626.561(1), 626.562(3)(b), Section 626.61 1(4), 626.611(5), 626.611(9), 626.611(10), 626.621(2), 626.621(6), 626.9541(1)(a)(1), 626.9541(1)(b), 626.9541(1)(e)(1)(e), 626.9541(1)(k)(1), 626.9541 (1)(0)(2), Florida Statutes which are set forth specifically in Count II above and are hereby realleged and fully incorporated herein by reference. COUNT VII 39. | The above general allegations are hereby realleged and fully incorporated herein by reference. 40. | New America Insurance Company issued the renewal of policy #NV624351#2 for S.D., with a premium of $753.00. 41. You, MANNY ANGELO VARAS, fraudulently billed S.D’s mortagee, Bank United, for $1,148.00. 42. Bank United issued check number #629205 in the amount of $1,148.00 to Professional Casualty. 43. You, MANNY ANGELO VARAS, sent Professional Casualty check #5008 in the amount of $753.00 to New America, retaining the difference in premium. IT IS THEREFORE CHARGED that you, MANNY ANGELO VARAS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the 11 Department of Financial Services which constitute grounds for the suspension or revocation of your license and appointments: Sections 626.561(1), 626.562(3)(b), Section 626.611(4), 626.611(5), 626.611(9), - 626.611(10), 626.621(2), 626.621 (6), 626.9541(1)(a)(1), 626.9541 (1)(b), 626.9541(1)(e)(1)(e), 626.9541(1)(k)(1), 626.9541(1)(0)(2), Florida Statutes which are set forth specifically in Count II above and are hereby realleged and fully incorporated herein by reference. , COUNT VIII 45. The above general allegations are hereby realleged and fully incorporated herein by reference. 46. Inthe month of April 2000, an employee of Professional Casualty who worked for you, MANNY ANGELO VARAS, wrote a homeowners policy for R.A.E. in the name of M.E. 47. Onor about June 14, 2000, R.A.E. requested flood coverage in the name of M.E. from Professional Casualty for the property located at 3008 NW 13 Street, Miami, FL 33125. 48. _ R.A.E. paid $354.00 by check #906 made payable to Professional Casualty, dated July 3, 2000, for this coverage, and your agency furnished him with a binder evidencing Flood insurance with Gainsco Insurance Company effective June 14, 2000. 49. On or about October 3, 2000, R.A.E called Professional Casualty to report a flood loss suffered on the above reference property, and discovered that no flood policy had ever been issued. R.A.E. therefore had no flood coverage for the loss to his property. 50. You, MANNY ANGELO VARAS, failed to remit the $354.00 premium payment made by R.A.E. to New America, and failed to return the funds to him. Further, you, MANNY 12 ANGELO VARAS, knew or should have known that Gainsco did not write flood coverage according to the agency agreement you signed on or about September 7, 1999. IT IS THEREFORE CHARGED that you, MANNY ANGELO VARAS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your license and appointments: (a) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, customer representative, solicitor, 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, 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 626.611(7), Florida Statutes]; (c) 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 626.611(10), Florida Statutes.]; (ad) 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]; (e) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; 13 (63) In the conduct of business under the 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 himself or herself to be a source of injury or loss to the public or detrimental to the public interest. [Section 626.621(6), Florida Statutes]. COUNT IX 51. The above general allegations are hereby realleged and fully incorporated herein by reference. 52. | Onor about June 28, 2002, the Department investigator visited Professional Casualty located at 9212 SW 73” Ave., Pinecrest, Florida 33156, and found no licensed insurance agent available. 53. The only employee present at the business was an unlicensed clerical worker named Veronica Chaveco, who stated that she did not sell insurance. However, the Department investigator obtained a business card that identified Ms. Chaveco as a Sales Representative. 54. Upon request by the Department investigator, neither a binder book nor a copy of the file requested was available. 55. You, MANNY ANGELO VARAS, failed to have a licensed agent present at all times, and failed to keep adequate records. IT IS THEREFORE CHARGED that you, MANNY ANGELO VARAS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your license and appointments: (a) The licensee shall keep and make available to the department books, accounts, and records as will enable the department to determine whether such licensee is complying with 14 the provisions of this code. Every licensee shall preserve books, accounts, and records pertaining to a premium payment for at least 3 years after payment; provided, however, the preservation of records by computer or photographic reproductions or records in photographic form shall constitute compliance with this requirement. All other records shall be maintained in accordance with s. 626.748. The 3-year requirement shall not apply to insurance binders when no policy is ultimately issued and no premium is collected. [Section 626.561(2), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(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) No employee of an agent or agency may initiate contact with any person for the purpose of soliciting insurance unless licensed and appointed as a general lines agent or customer representative. [Section 626.0428(3), Florida Statutes]; (e) Authorized or knowingly allowed individuals to transact insurance who were not then licensed as required by this code. [Section 626.112(7)(b)(4)(m), Florida Statutes]. COUNT X 56. The above general allegations are hereby realleged and fully incorporated herein by reference. 57. | Onor about June 30, 2000, Y.S. purchased insurance from Professional Casualty for her home. 58. During July of 2000, Y.S.’s home suffered a water loss. The company denied coverage of the loss. 15 59. At the time of the loss Y.S. was informed by the adjuster that her policy provided only $10,000.00 contents protection, which was less than the amount normally written. 60. Y.S. did not request lower than normal contents coverage protection and was not aware of the lower than normal contents coverage amount provided for in her policy. Y.S. did request higher limits when she was ultimately informed, after her inquiry regarding the water loss. 61. You, MANNY ANGELO VARAS, did not inform Y.S. of the lower limits on her policy, thus causing her to have less than adequate coverage for her personal property. IT IS THEREFORE CHARGED that you, MANNY ANGELO VARAS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your license and appointments: (a) 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 dissemination of information or advertising. [Section 626.611(5), Florida Statutes]; (b) | Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(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 626.61 1(8), Florida Statutes]; (d) ‘In the conduct of business under the license or permit, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of Chapter 16 626, Florida Statutes, or having otherwise shown himself or herself to be a source of injury or loss to the public or detrimental to the public interest. [Section 626.621(6), Florida Statutes]. WHEREFORE, you, MANNY ANGELO VARAS, 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, 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 28-107, 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. 17 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) — Asstatement 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 Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. 18 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. DATED and SIGNED this _2nq day of o¢toher , 2003. KAREN CHANDLER Deputy Chief Financial Officer 19 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to: MANNY ANGELO VARAS, 240 Costanera Rd., Coral Gables, FL 33143-6521; MANNY ANGELO VARAS, 9212 SW 73rd AVE, Pinecrest, FL 33156, by Certified Mail this___2nq day of. October _, 2003. David Busch Florida Bar Number 0140945 Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 Phone: (850) 413-4212 Fax: (850) 487-4907 20

Docket for Case No: 03-004175PL