Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: STEPHEN DARYL LEVENSON
Judges: LARRY J. SARTIN
Agency: Department of Financial Services
Locations: Lauderdale Lakes, Florida
Filed: Jul. 19, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 29, 2005.
Latest Update: Jan. 14, 2025
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FILED
THE TREASURER OF THE STATE OF FLORIDA SEP P% 2002
DEPARTMENT OF INSURANCE 7
TOM GALLAGHER Docksted by’
IN THE MATTER OF:
STEPHEN DARYL LEVENSON CASE NO.: 60732-02-AG
ADMINISTRATIVE COMPLAINT
TO: STEPHEN DARYL’ LEVENSON
SDL Consulting, Inc.
13796 NW 22nd Place
Sunrise, FL 33323-3335
You, STEPHEN DARYL LEVENSON, license LD. #D032333, are hereby notified that
the Insurance Commissioner of the State of Florida has caused to be made an investigation of
your activities while licensed as an insurance adjuster in this state, as a result of which it is
alleged:
’ GENERAL ALLEGATIONS
1. Pursuant to Chapter 626, Florida Statutes, you, STEPHEN DARYL LEVENSON,
are currently licensed in this state as a Public Adjuster (3-20).
2, Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance
(hereinafter “Department”) has jurisdiction over your insurance license and appointments.
EXHIBIT |
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3. At all times relevant fo the events set forth in this Administrative Complaint, you,
STEPHEN DARYL LEVENSON, were the only officer of SDL Consulting.
4. At all times related to the events set forth this Administrative Complaint, you,
STEPHEN DARYL LEVENSON, were the designated primary adjuster for SDL Consulting,
COUNT I
5. The above general allegations are hereby re-alleged and incorporated herein by
reference.
6. In or around May of 2000, you, STEPHEN DARYL LEVENSON, went to work
for Shammah Consultants, Inc., located at 3550 Biscayne Blvd., Miami, Florida.
7. Jeffrey Shammah, a licensed insurance adjuster, was the owner of Shammah
Consultants, Inc. .
8. You, STEPHEN DARYL LEVENSON, were never an officer of Shammah
Consultants, Inc. and were never given any authority to use the name Shammah Consultants, Inc.
to open any bank accounts or to use it as a d/b/a on any bank accounts,
9: You, STEPHEN DARYL LEVENSON, opened a bank account with Republic
Security Bank in Davie, Florida, in the name of Shammah Loss Consulting, Inc., a non-existent
corporation, and you were the only signor on the bank account.
10. Scottsdale Insurance Company issued claim payment check, number 1527678,
on 10-20-00, payable to Shammah Consultants, Ine. and MG Chemicals & Paper Supplies Inc., a
client of Shammah Consultants, Inc., in the amount of $9,367. 86.
iL, - You, STEPHEN DARYL LEVENSON, misappropriated, converted, or
unlawfully withheld moneys belonging to Shammah Consultants, Inc, and MG Chemicals &
- -Paper Supplies Inc; by endorsing the check described in paragraph 10 above as Shammah
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Jul 19 2005 16:53
PAGE
in mM
Consultants, Inc, STEPHEN DARYL LEVENSON, Vice President, and receiving cash in
exchange therefore.
IT I$ THEREFORE CHARGED that you, STEPHEN DARYL LEVENSON, have
violated or are accountable under the following provisions of the Florida Insurance Code and
Rules of the Department of Insurance which constitute grounds for the suspension or revocation
of your licenses 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 thar a surplus °
ines insurer, in a separate account $0 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
he insurer, insured, or other person entitled thereto. [Section 626.561(1), Florida Statutes];
(b) Ifthe 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];
(c) Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance. [Section 626.611(7), Florida Statutes];
(d) 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 626.61 1(9), Florida Statutes];
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® Misappropriation, conversion, ot unlawful withholding of moneys belonging ts
insurers or insureds or beneficiaries or to others and received in conduct of business under the
Hicense or appointment. [Section 626.611(10), Florida Statutes], 4
) | COUNT I
12. The above general allegations are hereby re-alleged and incorporated herein by
’ reference. .
13. In or around May of 2000, you, STEPHEN DARYL LEVENSON, went to work
for Shanimah Consultants, Inc., located at 3550 Biscayne Blvd., Miami, Florida,
14, Jeffrey Shammah, a licensed insurance adjuster, was the owner of Shammah
Consultants, Inc.
153. You, STEPHEN DARYL LEVENSON, were never an officer of Shammah
Consultants, Inc. and were never given any authority to use the name Shammah Consultants, Inc.
to open any bank accounts or to use it as a d/b/a on any bank accounts.
. 16. You, STEPHEN DARYL LEVENSON, opened a bank account with Republic
Security Bank in Davie, Florida, in the name of Shamrmah Loss Consulting, Inc., a non-existent
comporation, and you were the only signor on the bank account. |
17. Scottsdale Insurance Company issued claim payment check, number 1534316, on
11-16-00, payable to Shammah Consultants, Inc. and MG Chemicals & Paper Supplies Ine., a
client of Shammah Consultants, Inc., in the amount of $19,286.60.
18. You, STEPHEN DARYL LEVENSON, rnisappropriated, converted, or
“unlawfully withheld moneys belonging to Shammah Consultants, Inc. and MG Chemicals &
Paper Supplies Inc. by depositing the check described in paragraph 17 above into the account of
-~-Shummah Loss Consulting; Inc- ~~
4
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- Florida Statutes];
Jul 19 2005 16:53
PAGE
- 7
IT IS THEREFORE CHARGED that you, STEPHEN DARYL LEVENSON, have
violated or are accountable under the following provisions of the Florida Insurance Code and
Rules of the Department of Insurance which constitute grounds for the suspension or revoeation
of your licenses and appointments.
(a) All premiums, return premiums, or other funds belonging to insurers ot others
received by an agent, customer representative, solicitor, or adjuster in transactions onder 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) Ifthe 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];
(c) Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance. [Section 626.611(7), Florida Statutes];
(d) Demonstrated lack of reasonably. adequate knowledge and technical competence to
engage in the transactions authorized by the license or appointment. [Section 626.611(8),
(e) Fraudulent or dishonest practices in the conduct o f business under the license or
appointment. [Section 626.611 (9), Florida Statutes];
(f) 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
~ffcense or-appointment:-{Section 626:61 1(10), Florida Statatesyen mee ve
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COUNT IT
19. The above general allegations are hereby re-alleged and incorporated herein by
reference.
20. On or about 7/12/00, Shammak Consulting, Inc., entered into a contract with
German House Motel to adjust, appraise, advise, and assist in the settlement ofa loss caused by a
hurricane. You, STEPHEN DARYL LEVENSON, signed the contract.
21. The German House Motel was insured for hurricane damage by the Florida
Windstorm Underwriting Association (hereinafter “FWUA”).
22. The FWUA contracted with SCS & Associates, Inc. to perform adjusting services
on their behalf.
23, Onor about 8/13/2000, you, STEPHEN DARYL LEVENSON, submitted an
estimate of losses sustained by the German House Motel to the FWUA- This estimate included
“Overhead” in the amount of $14,960.15 and “Profit” in the amount of $16,456.17,
24. The FWUA informed SCS & Associates, Inc., that a claim for Overhead and
Profit would not be permitted until the insured had signed a contract to have the damaged
property repaired.
25. SCS & Associates, Inc., informed you, STEPHEN DARYL LEVENSON, that a
signed contract had to be sumitted to the FWUA.
26, You, STEPHEN DARYL LEVENSON, submitted a contract for repairs to the
Gernan House Motel, dated 1/9/01, on the letterhead of Deco Painting & Remodeling / dba
DECO to SCS & Associates, Inc., for submission to the FWUA. This contract contains a
signature purporting to be that of Moti Ohana, President of DECO.
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27. The contract referred to in paragraph 25 above was not only not signed by Mr,
Ohana but Mr. Ohana had not had any contact with the German House Motel.
28, You, STEPHEN DARYL LEVENSON, prepared and/or presented a written
statement to'an insurer in connection with, or in support of, a claim for payment pursuant to.an —
insurance policy, knowing that such'statement contained false, incomplete, or misleading
information concerning a fact or thing material to such claim with the intent to injure, defraud, or
deceive the insurer.
‘IT I8 THEREFORE CHARGED that you, STEPHEN DARYL LEVENSON, have
‘violated or are accountable under the following provisions of the Florida Insurance Code and
‘Rules of the Department of Insurance which constitute grounds for the suspension or revocation
of your licenses and appointments: |
(a) If the license or appointment is willfully used, or to be used, to cireurnvent 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];
) (¢) 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) Fraudulent or dishonest practices in the conduct of business under the license or
appointment. [Section 626.611(9), Florida Statutes};
(e) 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),
* Ponda Statites]f Te
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(f) 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};
(g) Knowingly filing with any supervisory or other public official; making, publishing,
disseminating, circulating; delivering to any person; placing before the public; 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., Florida Statutes);
(h) Misrepresentation or deception with regard to the business of insurance,
dissemination of information, or advertising. [Section 626.8697(2)(h)2., Florida Statutes].
COUNT IV
29, The above genéral allegations are hereby recalleged and incorporated herein by
referénce. .
30. Onor about June 26, 2001, Catherine Monte, of Ft. Lauderdale, Florida, filed a
claim with Allstate, her insurer, for water damage to her home. She didn’t like the adjuster
Allstate sent so she contacted you, STEPHEN DARYL LEVENSON. .
31. Onor about July 11, 2001, you, STEPHEN DARYL LEVENSON, examined the ~
damage in Ms. Monte’s home, stated that her carpets were ruined, that you would get her all new
carpeting and asked her to sign a contract to engage your services.
32. . On or about July 15, 2001, Ms. Monte agreed to enter into a contract with you,
STEPHEN DARYL LEVENSON, in accordance with which you would receive 15°% of the
amount of any. claim settlement with Allstate in return for your representation of Ms, Monte.
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yi
he Vi
33. Onor about July 15, 2001, you, STEPHEN DARYL LEVENSON, returned to ©
Ms. Monte’s home, took measurements, advised her the damages were about $10,000.00 and that
she would be getting all new carpeting.
34, In or around August of 2001, you, STEPHEN DARYL LEVENSON, settled the
claim without approval or authority of Ms. Monte.
35. - You, STEPHEN DARYL LEVENSON, sent an invoice, dated 8/28/01, to Ms.
Monte indicating that the amount of the settlement was $5,919.5 (sic) and that your fee was
therefore $887.93 (15% of $5,919.5).
36. In or around September of 2001, you, STEPHEN DARYL LEVENSON, called
Ms. Monte and told her that you had a check from Allstate for $4,248.48,
37. You, STEPHEN DARYL LEVENSON, forged the signature of Ms. Monte on the
back of the check with serial number 50309480 from Allstate.
38, You, STEPHEN DARYL LEVENSON, retained $887.93 from the check from
Allstate as payment of your fee under your confract with Ms. Monte.
39. The correct fee under the contract with Ms. Monte was $712.72 and you,
STEPHEN DARYL LEVENSON, therefore overcharged Ms. Monte in the amount of $175.21.
40. You, STEPHEN DARYL LEVENSON, misappropriated, converted, or
unlawfully withheld moneys belonging to Ms. Monte.
IT 18 THEREFORE CHARGED that you, STEPHEN DARYL LEVENSON, have
- violated or are accountable under the following provisions of the Florida Insurance Code and
Rules of the Department of Insurance which constitute grounds for the suspension or revocation
of your licenses and appointments:
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i} yy
(a) If thé 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};
() Demonstrated lack of fitness or trustworthiness to engage in the business of
_ insurance. [Section 626.611(7), Florida Statutes]; .
(c) Demenstrated 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) Fraudulent or.dishonest practices in the conduct of business under the license or
appointment. [Section 626.611(9), Florida Statutes];
(e) Violation of any provision of this code ot 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};
(2). 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];
(g) Knowingly filing with any supervisory or other public official: making, publishing,
disseminating, circulating; delivering to any persory; placing before the public; 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)L., Florida Statutes];
(h) Misrepresentation or deception with regard to the business of insurance,
dissemination of information; or advertising. [Section 626.8697(2)(h)2., Florida Statutes];
10
25
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« am
7) a
G) No public adjuster may settle a claim unless the terms and conditions of settlement
are approved by the insured. [Rule 4-220.051(7), Florida Administrative Code].
WHEREFORE, you, STEPHEN DARYL LEVENSON, are hereby notified that the
Treasurer and Insurance Commissioner 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 Insurance, 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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Ifyou 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) | Astatement that the party is requesting a hearing iivolving 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 nght to be represented by counsel or
other qualified representative at your expense, to present evidence and argument, to ¢all and
cross-examine witnesses, and to compel the attendance of witnesses and the production of
documents by subpoena.
ifa 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 Depattment or a written statement challenging
the grounds upon which the Department has relied. While a hearing is normally not requited 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 that 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
12
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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 Insurance.
DATED and SIGNED this 27th dayof SEPTEMBER , 2002.
is wsitiBecigs, .
a Bors
ia OP vot Mea, G
a
KENNEY SHIPLEY
Deputy Insurance Commissioner
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vt ry
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: STEPHEN DARYL |
LEVENSON, SDL Consulting, Inc., 13796 NW 22nd Place, Sunrise, FL 33323-5335 by
Certified Mail this__ 27th day of SEPTEMBER 2002.
R. TERRY BUTLER
Florida Bar Number.0266
Division of Lesqt Service
612 Larson Building
200 East Gaines Street
Tallahassee, Florida 32399-0333
Phone: (850) 413-4236
Fax: (850) 4488-0697
Docket for Case No: 05-002597PL
Issue Date |
Proceedings |
Sep. 29, 2005 |
Order Closing File. CASE CLOSED.
|
Sep. 21, 2005 |
Department of Financial Services` Motion to Relinquish Jurisdiction filed.
|
Sep. 02, 2005 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (video hearing set for October 6, 2005; 9:30 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Aug. 30, 2005 |
Notice of Taking Deposition filed.
|
Aug. 30, 2005 |
Motion for First Continuance filed.
|
Aug. 26, 2005 |
Department of Financial Services` Pre-hearing Stipulation filed.
|
Aug. 23, 2005 |
Department of Financial Services` Exhibit List filed.
|
Aug. 23, 2005 |
Department of Financial Services` Witness List filed.
|
Aug. 17, 2005 |
Amended Notice of Deposition filed.
|
Aug. 12, 2005 |
Notice of Deposition filed.
|
Aug. 02, 2005 |
Order of Pre-hearing Instructions.
|
Aug. 02, 2005 |
Notice of Hearing by Video Teleconference (video hearing set for September 13, 2005; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Jul. 29, 2005 |
Department of Financial Services` Response to Initial Order filed.
|
Jul. 20, 2005 |
Initial Order.
|
Jul. 19, 2005 |
Administrative Complaint filed.
|
Jul. 19, 2005 |
First Addendum to the Election of Rights filed.
|
Jul. 19, 2005 |
Election of Rights filed.
|
Jul. 19, 2005 |
Mandate from District Court of Appeal of the State of Florida Fourth District filed.
|
Jul. 19, 2005 |
Amended Administrative Complaint filed.
|
Jul. 19, 2005 |
Department of Financial Services` Motion to Amend Administrative Complaint filed.
|
Jul. 19, 2005 |
Agency referral filed.
|