FLORIDA = &, oa DEPARTMENT OF f F ILE Be. Ms Sey FINANCIAL SERVICES | Fh "22% s Pe) PO Be Bad PAN 19 mae TOM GALLAGHER OL: Ss V% we CHIEF FINANCIAL OFFICER ; NPD STATE OF FLORIDA Fe oe Dlocketes uy.) IN THE MATTER OF: , O (0 -0 Ydofl- ANN MARIE BESSIRE CASE NO.: 83774-05-AG / ADMINISTRATIVE COMPLAINT TO: “ANN MARIE BESSIRE ANN MARIE BESSIRE 5661 Magnolia Bloom Terrace 5145 Curry Ford Road Oviedo, Florida 32765 So Orlando, Florida 32812 You, ANN MARIE BESSIRE 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, ANN MARIE BESSIRE, are currently, and at all times relevant to the dates and occurrences alleged herein were, licensed in this state as a Life, Health and Variable Annuity Agent (2-15), Life & Health (2-18), General Lines, Property and Casualty (2-20), and Health (2-40) agent. Your license I.D. number is A020939. 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over your license and appointments. 3. At all times relevant to the dates and occurrences referred to herein, you, ANN MARIE BESSIRE, were a vice president of Sikes Insurance Agency, Inc. COUNT I 4. The allegations contained in paragraphs 1 through 3 are hereby realleged and fully incorporated herein by reference. 5. On July 15, 2004, you, ANN MARIE BESSIRE, purported to sell I.J., of Orlando, and his company, Jean Stucco Services, Inc. (“Jean Stucco”), a general liability insurance policy and a workers compensation insurance policy. 6. On July 15, 2004, I.J. and Jean Stucco gave you, ANN MARIE BESSIRE, $300.00 in cash as a partial premium towards a general liability insurance policy, and $2975.00 in cash as full premium towards a workers compensation insurance policy. 7. A general liability insurance policy was obtained for I.J. and Jean Stucco through Bankers Insurance Company. 8. A workers compensation insurance policy was never issued on behalf of LJ. or Jean Stucco. 9. ‘You, ANN MARIE BESSIRE, led I.J. and Jean Stucco to believe that a workers compensation insurance policy was issued on behalf of IJ. or Jean Stucco. 10. IJ. thought he had a workers compensation insurance policy in place for Jean Stucco. 1]. Jean Stucco thought it had a workers compensation insurance policy in place. 12. You, ANN MARIE BESSIRE, did not refund the $2975.00 to LJ. and Jean Stucco until October 12, 2004. 13. The refund came only after I.J. and Jean Stucco provided a statement to the Department regarding your activities. N 14. The $2975.00 represented trust funds received by you, ANN MARIE BESSIRE, ina fiduciary capacity for both the insured and an insurance company. ~ 15. You, ANN MARIE BESSIRE, have converted, misappropriated, or wrongfully withheld fiduciary funds belonging to an insured and an insurance company. IT IS THEREFORE CHARGED, based upon all or some of the foregoing, that you, ANN MARIE BESSIRE, have violated or are accountable under one or more of 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) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, customer representative, or adjuster in transactions under his or her license are trust funds received by the licensee in a fiduciary capacity; and 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) 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) 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 license or appointment. [Section 626.611(10), Florida Statutes]; and (e) Violation of any provision of the Florida Insurance Code in the course of dealing under the license or appointment. [Section 626.621(2), Florida Statutes]. WHEREFORE, you, ANN MARIE BESSIRE, 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, 626.935, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. 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 28-106, 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 Rules 28-106.201 or 28-106.301, 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 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 Jo% day of JNUAY , 2006. "pap dg | KAREN C LER. 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 ANN MARIE BESSIRE, 5661 Magnolia Bloom Terrace, Oviedo, Florida 32765 and ANN MARIE BESSIRE, 5 ris Curry ar Road, Orlando, Florida 32812, by U.S. Certified Mail, restricted delivery, this O* day of lana , 2006. Robert Alan Fox Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4106

Docket for Case No: 06-000424PL