Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: CHARLES JUDSON STEPHENSON, JR.
Judges: CHARLES C. ADAMS
Agency: Department of Financial Services
Locations: Tallahassee, Florida
Filed: Mar. 14, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 1, 2005.
Latest Update: Mar. 08, 2025
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FLORIDA _
FINANCIAL S
TOM GALLAGHER FILED
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FEB 17 2005
Dooketed wiper
IN THE MATTER OF:
CASE NO.: 75768-05-AG
CHARLES JUDSON STEPHENSON, JR.
/ 7 AQR GDL.
(YS OFS PL
ADMINISTRATIVE COMPLAINT
TO: CHARLES JUDSON STEPHENSON, JR.
4346 Deering Street
Marianna, FL 32446-3051
You, CHARLES JUDSON STEPHENSON, JR., 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
I. Pursuant to Chapter 626, Florida Statutes, you, CHARLES JUDSON
STEPHENSON, JR., are currently licensed in this state as a Life Including Variable Annuity &
Health Agent (2-15) and a Life & Health Agent (2-18), license LD. # E015956.
2. At all times pertinent to the dates and occurrences referred to herein, you,
CHARLES JUDSON STEPHENSON, JR., were licensed in this state as an insurance agent.
3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial
Services has jurisdiction over your insurance licenses and appointments.
4. During times material to the dates and occurrences herein, you, CHARLES
JUDSON STEPHENSON, JR., did represent or aid Meridian Benefits (“Meridian”) in
transacting insurance in the State of Florida.
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5. At no time material to the dates and occurrences herein did Meridian possess a
certificate of authority from the Florida Department of Financial Services to engage in the
business of insurance as an insurer.
COUNT I
6. Paragraphs 1-5 are hereby realleged and fully incorporated herein by reference.
7. On or about June 2002, you, CHARLES JUDSON STEPHENSON, JR., as a
licensed insurance agent, contacted J.E. of Graceville, Florida in reference to her buying a health
insurance plan with Meridian. You had an application form fumished to her, which she
completed and delivered to you, together with an initial premium payment. The purported plan
was to become effective July 1, 2002.
8. Bi-weekly premium payments were paid by J.E., or on her behalf, for health
insurance coverage by Meridian.
9. Commencing on or after October 2002, J.E. incurred claims for health care
services. Meridian has failed to pay such claims.
IT IS THEREFORE CHARGED that you, CHARLES JUDSON STEPHENSON, JR.,
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];
(6) Demonstrated Jack 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];
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(4) 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};
(e) 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 probibited under Part X (re-
designated as Part IX) of this chapter, or having otherwise shown himself or herself to be a
source of injury or loss to the public. [Section 626.621(6), Florida Statutes];
(f) No person shall, from offices or by personnel or facilities located in this state...
directly or indirectly act as an agent for, or otherwise represent or aid on behalf of another, any
insurer not being authorized to transact such business in this state. [Section 626.901(1), Florida
Statutes].
COUNT II
10. Paragraphs 1-5 are hereby realleged and fully incorporated herein by reference.
11. On or about October 2002, you, CHARLES JUDSON STEPHENSON, JR., as a
licensed insurance agent, provided T.C. of Graceville, Florida with information about a health
insurance plan with Meridian. You furnished to him application forms, which he completed and
delivered to you, together with an initial premium payment that was paid by T.C., or on his
behalf, to Meridian.
12, Commencing on or after July 2003, T.C. began receiving notices from Healthcare
Providers that Meridian was not paying their claims. To date Meridian has failed to pay such
claims.
IT IS THEREFORE CHARGED that you, CHARLES JUDSON STEPHENSON, JR,
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:
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(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 Starutes];
(b) Demonstrated lack of fimess 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), Flonda
Statutes];
(d) 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};
(e) 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 X (re-
designated as Part IX) of this chapter, or having otherwise shown himself or herself to be a
source of injury or loss to the public. [Section 626.621(6), Florida Statutes];
(f) No person shall, from offices or by personnel or facilities located in this state...
directly or indirectly act as an agent for, or otherwise represent or aid on behalf of another, any
insurer not being authorized to transact such business in this state. (Section 626.901(1), Florida
Statutes],
COUNT UI
13. Paragraphs 1-5 are hereby realleged and fully incorporated herein by reference.
14. On or about October 2002, you, CHARLES JUDSON STEPHENSON, JR., as a
licensed insurance agent, provided T.J. of Graceville, Florida with information about a health
insurance plan with Meridian. You furnished to him application forms, which he completed and
delivered to you, together with an initial premium payment that was paid by T.J., or on his
behalf, to Meridian.
eo
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15. TJ. has forwarded claims that he received from Healthcare Providers to Meridian
for payment. To date Meridian has failed to pay such claims.
IT IS THEREFORE CHARGED that you, CHARLES JUDSON STEPHENSON, JR.,
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), Flonda 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) 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];
(e) 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 X (re-
designated as Part IX) of this chapter, or having otherwise shown himself or herself to be a
source of injury or loss to the public. [Section 626.621(6), Florida Statutes];
( No person shall, from offices or by personnel or facilities located in this state...
directly or indirectly act as an agent for, or otherwise represent or aid on behalf of another, any
insurer not being authorized to transact such business in this state. [Section 626.901(1), Florida
Statutes].
COUNT IV
16. Paragraphs 1-5 are hereby realleged and fully incorporated herein by reference.
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17. On or about October 2002, you, CHARLES JUDSON STEPHENSON, JR., as a
licensed insurance agent, provided S.G. of Graceville, Florida with information about a health
insurance plan with Meridian. You furnished to him application forms, which he completed and
delivered to you, together with an initial premium payment that was paid by S.G., or on his
behalf, to Meridian.
18. Commencing on or after December 2002, S.G. began receiving notices from
Healthcare Providers that Meridian was not paying their claims. To date Meridian has failed to
pay such claims.
IT IS THEREFORE CHARGED that you, CHARLES JUDSON STEPHENSON, JR.,
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];
(0) 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];
(ad) Violation of any provision of this Code or any law applicable to the business of
uisurance in the course of dealing under the licensure or appointment. [Section 626.621(2),
Florida Statutes];
(e) 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 X (re-
designated as Part IX) of this chapter, or having otherwise shown himself or herself to be a
source of injury or loss to the public. [Section 626.621(6), Florida Statutes];
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(No person shall, from offices or by personnel or facilities located in this state...
directly or indirectly act as an agent for, or otherwise represent or aid on behalf of another, any
insurer not being authorized to transact such business in this state. [Section 626.901 (1), Florida
Statutes].
WHEREFORE, you, CHARLES JUDSON STEPHENSON, JR., 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 626.901, 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.
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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
coromunication 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 matemal 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 majonty 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
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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 { 7¢h _dayot Februar ye» 2008.
N CHANDLER
Deputy Chief Financial Officer
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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 furnished to:
CHARLES JUDSON STEPHENSON, JR., 4346 Deering Street, Marianna, FL 32446-3051, by
Certified Mail this /7_ dayof __ Az aeerey_, 2005.
Dean Andrews
Division of Legal Services
200 East Gaines St.
612 Larson Building
Tallahassee, Florida 32399-0333
(850) 413-4242 Phone
(850) 487-4907 Fax
Florida Bar Number 0001959
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Docket for Case No: 05-000959PL
Issue Date |
Proceedings |
Jun. 01, 2005 |
Order Closing File. CASE CLOSED.
|
May 31, 2005 |
Motion to Relinquish Jurisdiction filed.
|
Mar. 29, 2005 |
Order of Pre-hearing Instructions.
|
Mar. 29, 2005 |
Notice of Hearing (hearing set for June 3, 2005; 9:00 a.m., Central Time; Tallahassee, FL).
|
Mar. 21, 2005 |
Petitioner`s Response to Initial Order filed.
|
Mar. 15, 2005 |
Initial Order.
|
Mar. 14, 2005 |
Administrative Complaint filed.
|
Mar. 14, 2005 |
Election of Proceeding filed.
|
Mar. 14, 2005 |
Agency referral filed.
|