Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: SILVIA AZA
Judges: STUART M. LERNER
Agency: Department of Financial Services
Locations: Miami, Florida
Filed: Jan. 25, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 24, 2005.
Latest Update: Jan. 05, 2025
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SU 7,
FLORIDA
DEPARTMENT OF
FINANCIAL SERVICES
TOM GALLAGHER 4
CHIEF FINANCIAL OFFICER FILED
STATE OF FLORIDA
DEC 29 2004
IN THE MATTER OF: Dooketed by:
CASE NO.: 79489-04-AG
SILVIA AZA
ADMINISTRATIVE COMPLAINT
TO: SILVIA AZA NX F\ Ny PL
8000 South West 78th Street ( ‘y O a te
Miami, Florida 33143-3907
SILVIA AZA
Genesis Title Services, Corp.
792 Rio Vista Drive
Miami Springs, Florida 33166-3966
You, SILVIA AZA, license LD. #A010568, 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, SILVIA AZA, are currently
licensed in this state as a Title Agent (4-10).
2. At all times pertinent to the dates and occurrences referred to herein, you, SILVIA
AZA, were licensed in this state as an insurance agent.
3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial
Services (“Department”) has jurisdiction over your insurance licenses and appointments.
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4, You, SILVIA AZA, are the president and sole officer and director of Genesis
Title Services, Corp., an insurance agency, located at 792 Rio Vista Drive, Miami Springs,
Florida 33166.
COUNT J
5. The above general allegations are hereby realleged and fully incorporated herein
by reference.
6. On June 15, 2004, while holding a Florida insurance license, you, SILVIA AZA,
pleaded nolo contendere to one felony count of grand theft in the first degree, and one felony
count of intent to defraud.
7. You, SILVIA AZA, had adjudication of guilt withheld and were sentenced to five
(5) years probation on each count. As a special condition of probation, you were ordered to
immediately surrender any and all licenses issued by any agency of the state of Florida.
IT IS THEREFORE CHARGED that you, SILVIA AZA, 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) The licensee if an individual, or the partners if a partnership, or owner if a sole
proprietorship, or the officers if a corporation, having been found guilty of or having pleaded
guilty or nolo contendere to a felony or a crime punishable by imprisonment of 1 year or
more under the law of the United States or of any state or under the law of any other country
which involves moral turpitude, without regard to whether a judgment of conviction has been
entered by the court having jurisdiction of such cases. [Section 626.8437(10), Florida
Statutes];
(0) Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance. [Section 626.611(7), Florida Statutes];
(c) Failure to inform the department in writing within 30 days after pleading guilty or
nolo contendere to, or being convicted or found guilty of, any felony or a crime punishable
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by imprisonment of 1 year or more under the law of the United States or of any state thereof,
or under the law of any other country without regard to whether a judgment of conviction has
been entered by the court having jurisdiction of the case. [Section 626.621(11), Florida
Statutes].
COUNT IT
8. The above general allegations are hereby realleged and fully incorporated herein
by reference.
9. Department records indicate that Genesis Title Services, Corp. is located at 7220
North West 36” Street, Suite 303A, Miami, Florida 33166. Claudia Camarillo, an investigator
for the Department of Financial Services, visited this address and discovered that your agency
was no longer at the location.
10. According to records from the Florida Department of State, Division of
Corporations, Genesis Title Services, Corp. changed its address on April 28, 2004, to 792 Rio
Vista Drive, Miami, Florida 33166.
11. You, SILVIA AZA, as president and sole officer and director of Genesis Title
Services, Corp., failed to notify the Department in writing of the change in your principal
business street address.
IT IS THEREFORE CHARGED that you, SILVIA AZA, 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) Every licensee shall notify the department in writing within 60 days after a change
of name, residence address, principal business street address, or mailing address. Any
licensed agent who has moved his or her residence from this state shall have his or her
license and all appointments immediately terminated by the department. Failure to notify the
department within the required time period shall result in a fine not to exceed $ 250 for the
first offense and, for subsequent offenses, a fine of not less than $ 500 or suspension or
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revocation of the license pursuant to Section 626.611 or Section 626.621. [Section 626.551,
Florida Statutes].
WHEREFORE, you, SILVIA AZA, 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 nght 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 Genera] 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 Y OUR 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:
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(a) The name and address of the party making the request, for purpose of service;
(>) 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 tight 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
Admunistrative 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.
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Mediation of this matter pursuant to Section 120.573, Florida Statutes, is not available.
No Department attomey will discuss this matter with you until the response has been received by
the Department of Financial Services.
DATED and SIGNED this 29% day o
¢ December-, 2004.
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CERTIFICATE OF SERVICE
I] HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE
COMPLAINT and ELECTION OF PROCEEDING has been furmished to: SILVIA AZA, 8000
South West 78th Street, Miami, FL 33143-3907; SILVIA AZA, 792 Rio Vista Drive, Miami
Springs, FL 33166-3966 by Certified Mail this 2T“tay of Sener oer 2004.
bint. trou k Lf.
William W. Tharpe, Jr.
Division of Legal Services
200 East Gaines St.
612 Larson Building
Tallahassee, Florida 32399-033
(850) 413-4110
Florida Bar Number 0312411
Docket for Case No: 05-000266PL
Issue Date |
Proceedings |
Jun. 24, 2005 |
Order Closing File. CASE CLOSED.
|
Jun. 24, 2005 |
Motion to Relinquish Jurisdiction filed.
|
Jun. 23, 2005 |
Respondent, Silvia Aza`s, Unilateral Compliance with Order of Pre-hearing Instructions filed.
|
Jun. 23, 2005 |
Respondent`s Surrender of Title Insurance Agent License, No.: A010568, and Motion to Dismiss filed.
|
Jun. 23, 2005 |
Order Denying Motion to Stay.
|
Jun. 23, 2005 |
Petitioner`s Response in Opposition to Respondent`s Supplement to Her Motion to Stay Proceedings filed.
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Jun. 23, 2005 |
Petitioner`s Response in Opposition to Respondent`s Motion to Stay Proceedings filed (Exhibits not available for viewing).
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Jun. 22, 2005 |
Supplement to Respondent`s Motion to Stay Proceedings filed.
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Jun. 22, 2005 |
Respondent`s Motion to Stay Proceedings filed.
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May 12, 2005 |
Order Granting Continuance and Re-scheduling Video Teleconference (video hearing set for June 28, 2005; 9:00 a.m.; Miami and Tallahassee, FL).
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May 05, 2005 |
Respondent`s Second Motion for Continuance of Formal Hearing Scheduled for May 16, 2005 filed.
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Mar. 15, 2005 |
Order Granting Continuance and Re-scheduling Video Teleconference (video hearing set for May 16, 2005; 9:00 a.m.; Miami and Tallahassee, FL).
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Mar. 07, 2005 |
Petitioner`s Response to Respondent`s Motion for Continuance filed.
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Mar. 04, 2005 |
Respondent`s Motion for Continuance of Formal Hearing Scheduled for April 4, 2005 filed.
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Mar. 01, 2005 |
Notice of Absence (filed by R. Marx).
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Feb. 04, 2005 |
Order of Pre-hearing Instructions.
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Feb. 04, 2005 |
Notice of Hearing by Video Teleconference (video hearing set for April 4, 2005; 9:00 a.m.; Miami and Tallahassee, FL).
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Feb. 02, 2005 |
Compliance with Initial Order.
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Feb. 02, 2005 |
Petitioner`s Response to Initial Order.
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Jan. 25, 2005 |
Initial Order.
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Jan. 25, 2005 |
Administrative Complaint filed.
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Jan. 25, 2005 |
Election of Proceeding filed.
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Jan. 25, 2005 |
Agency referral filed.
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