Tom GALLAGHER CHIEF FINANCIAL OFFICER IN THE MATTER OF: CHRISTIAN O. CRUZ LA LEIA Pe FILED FEB 25 2004 DEPARTMENT OF FINANCIAL SERVICES proms OL TO: ADMINISTRATIVE COMPLAINT CHRISTIAN O. CRUZ 6251 S.W. 41* Street Miami, Florida 33155 CHRISTIAN O. CRUZ C/o All American Insurance 8234 N.W. 14" Street Miami, Florida 33126 You, CHRISTIAN O. CRUZ, 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 insur ance agent in this state and as a result of which it is alleged: GENERAL ALLEGATIONS 1. , Pursuant to Chapter 626, Florida Statutes, you, CHRISTIAN O. CRUZ, currently are licensed in this state as a Life and Variable Annuity (2-14), and Life (2-16) agent, and a Customer Representative (4-40). Your license identification number is D060599. 2. You, CHRISTIAN O. CRUZ, were not licensed as a Customer Representative until December 20, 2002. 3. 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. COUNT I 4. The above General Allegations are hereby realleged and fully incorporated herein by reference. 5. On or about July 1, 2001, you, CHRISTIAN O. CRUZ, sold a private passenger automobile insurance policy to Ana V. Castro at Braman Honda in Coral Way. You, CHRISTIAN O. CRUZ, were not licensed to sell this type of insurance. IT IS THEREFORE CHARGED that you, CHRISTIAN O. CRUZ. 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. No person shall transact insurance in this state, or relative to a subject of insurance resident, located, or to be performed in this state, without complying with the applicable provisions of this code. [Section 624.11(1), Florida Statutes]. . b. .. Demonstrated lack of fitness or trustworthiness to engage :n the business of insurance. [Section 626.611(7), Florida Statutes]. ce Willful failure to comply with, or willful violation of, any proper order or rule of the department, commission, or office or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]. d. 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]. e. Violation of any lawful order or rule of the department, commission, or office. [Section 626.621(3), Florida Statutes]. COUNT II 6. The above General Allegations are hereby realleged and fully incorporated herein by reference. 7. On or about July 1, 2001, you, CHRISTIAN O. CRUZ, sold Ana V. Castro an ancillary product without her informed consent. IT IS THEREFORE CHARGED that you, CHRISTIAN O. CRUZ, 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. No person shall transact insurance in this state, or relative to a subject of insurance resident, located, or to be performed in this state, without complying with the applicable provisions of this code. [Section 624.11(1), Florida Statutes]. b. Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]. c. Willful failure to comply with, or willful violation of, any proper order or rule of the department, commission, or office or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]. d. Violation of ay 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]. e. Violation of any lawful order or rule of the department, commission, or office. [Section 626.621 (3), Florida Statutes]. e. No person shall engage in this state jn any trade practice which is defined in this part as, or determined pursuant to s. 626.951 or s. 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance. [Section 626.9521(1), Florida Statutes]. f. 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]. g. Representing to the applicant that a specific ancillary coverage or product is included in the policy applied for without an additional charge when such charge is required is an unfair trade practice. [Section 626.9541(1)(z)2., Florida Statutes). h. Charging an applicant for a specific ancillary coverage or product, in addition to the cost of the insurance coverage applied for, without the informed consent of the applicant. {Section 626.9541(1)(z)3., Florida Statutes]. WHEREFORE, you, CHRISTIAN O. CRUZ, 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 624.15, 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 and under the provisions of Rule 69B-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. 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 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. 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 25” day of February , 200h4 KAREN CHANDLER Deputy Chief Financial Officer 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: CHRISTIAN O. CRUZ, 6251 S.W. 41" Street, Miami, Florida 33155, and C/o All American Insurance, 8234 N.W. 14" Street, Miami, Florida 33126, by Certified Mail this 25 Poday of y__, 2004. we, Se i 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 Agent [_] Addressee AON TLbO 3901 5844 2699 3379 4. Restriged Delivery? (Extra Fee) « es 1, ArticlefAddressed to: 3. =o CERTIFIED MAIL CHRISTIAN O. CRUZ C/O ALL AMERICAN INSURANCE 8234 N W 14TH STREET MIAMI, FL 33126 Sac: \; Be - ~ “PMarrs y o RESTRICTED DELIVER’ PS Form 3811, July 2001 Domestic Return Receipt

Docket for Case No: 04-001112PL