LY~ BEAP FC FILED MAR 25 2004 Tom GALLAGHER CHIEF FINANCIAL OFFICER IN THE MATTER OF: MICHAEL ARTHUR SYCLE an om / oo ADMINISTRATIVE COMPLAINT TO: MICHAEL ARTHUR SYCLE MICHAEL ARTHUR SYCLE 7321 Northwest 44" Lane 4680 NW 30" Stree Coconut Creek, FL 33073 Coconut Creek, FL 33063 MICHAEL ARTHUR SYCLE Marcom Tech 7771 West Oakland Park Blvd. Sunrise, FL 33351 You, MICHAEL ARTHUR SYCLE, 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, MICHAEL ARTHUR SYCLE, are a Life & Variable Annuity Agent (2-14), a Life, Health and Variable Annuity Agent (2-15), a Life Insurance Agent (2-16), a Life and Health Agent (2-18), a General Lines (Property & Casualty) Agent (2-20), and a Health Agent (2-40), license LD. #A259444. 2. At all times pertinent to the dates and occurrences referred to herein, you, MICHAEL ARTHUR SYCLE, were licensed in this state as an insurance agent. 3. Atall times pertinent to the allegations contained herein, you, MICHAEL ARTHUR SYCLE, were employed by Stay Well. 4. Pursuant to Chapter 626, Florida Statutes (2003), the Florida Department of Financial Services has jurisdiction over your insurance licenses and appointments. COUNT | 5. The above general allegations are hereby realleged and fully incorporated herein by reference. 6. On or about October 11, 2002, you, MICHAEL ARTHUR SYCLE, or someone under your direction and control, prepared an enrollment form for a Stay Well HMO plan on behalf of R.B. and his three (3) minor children of West Palm Beach, Florida and signed R.B’s name on the Stay Well enrollment without obtaining his permission or consent. 7. On or about October 11, 2002, you, MICHAEL ARTHUR SYCLE, or someone under your direction and control, prepared and signed an appointment request for a Stay Well HMO plan on behalf of R.B. without obtaining his permission or consent. IT IS THEREFORE CHARGED that you, MICHAEL ARTHUR SYCLE, 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 licenses and appointments: (a) No person shall transact 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) 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, commission, or office or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]; (f) Violation of any provision of this Code or any law applicable to the business of insurance in the course of dealing under the licensure or appointment. [Section 626.621(2), Florida Statutes]. WHEREFORE, you, MICHAEL ARTHUR SYCLE, 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. NOTICE OF RIGHTS mf} You have the right to request a proceeding to contest this action by the A on ia Sins 1h! Oy Department pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule ie we 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. 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 aclversarial 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 Yallahassee, 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 2.5 ™ day of [2 ARCH , 2004. KAREN CHANDLER Deputy Chief Financial Officer CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: MICHAEL ARTHUR SYCLE, 7321 Northwest 44" Lane, Coconut Creek, FL 33073; MICHAEL ARTHUR SYCLE, Marcom Tech, 7771 West Oakland Park Blvd., Suite 100, Sunrise, FL 33351 and MICHAEL ARTHUR SYCLE, 4680 NW 30" Street, Coconut Creek, FL 33063, by Certified Mail this Qs day of ARCH , 2004. Florida Bar Number 0312411 Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399- 0333¢ eet (850) 413-4110 “ INL - ican ‘0 ZALD 3901 44 2700 4043 [agent Addressee Yes (CANo D. Is dei ory addless, 3s ath IFYES, enter delivery address “belo: 3. Service Type CERTIFIED MAIL es 7 4, Restricted Delivery? (Extra Fee) 1. Article Addressed to: | Reference Informations ! a MICHAEL ARTHUR SYCLE 4680 NW 30TH ST it COCONUT CREEK FL RE srRic i re tgiisos Ac 3/15/04 -- AC - an ERY Complaint&Settlement a SC—“=SSCtit*s : P53 Form 3811, July 2001 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES Pay DIVISION OF LEGAL SERVICES Phe 5 IN THE MATTER OF: 04 JUN ~9 gy 8: 06 CASE NO:: 71305,pHRHISICK : MICHAEL ARTHUR SYCLE H NISTRAT» -« ELECTION OF PROCEEDING Ihave 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. | am requesting disposition of this matter as indicated below. (Choose one) lL {J 1 do not dispute any of the Department's factual allegations and I do not desire a hearing, ! 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. 1 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 FINANCIAL SERVICES 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 Street, Tallahassee, Florida 32399-0333. Signature Print Name Date: Address: Phone No.:

Docket for Case No: 04-002028PL