FLORIDA DEPARTMENT OF FINANCIAL SERVICES FILED TOM GALLAGHER CHIEF FINANCIAL OFFICER STATE OF FLORIDA MAR 2 2006 . . £4 IN THE MATTER OF: Docketed by Eu - CASE NO. 84615-06-AG | TODD JOSEPH JUSTIN Alo- 159 Pe ADMINISTRATIVE COMPLAINT TO: TODD JOSEPH JUSTIN 22509 Sea Bass Drive Boca Raton, Florida 33428 TODD JOSEPH JUSTIN : 1066 Newport Center Road Deerfield Beach, Florida 33426 You, TODD JOSEPH JUSTIN, are hereby notified that pursuant to Chapters 624 and 626, Florida Statutes, 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 that: GENERAL ALLEGATIONS 1. You, TODD JOSEPH JUSTIN, are currently licensed in this state as a life, health and variable annuity agent. 2. At all times relevant to the dates and occurrences alleged herein, you, TODD JOSEPH JUSTIN, were licensed in this state as an insurance agent, 3. Pursuant to Chapter 626, Florida Statutes, the Chief Financial Officer of the State of Florida and the Department of Financial Services has jurisdiction over your insurance licenses and your eligibility for licensure and appointment. | COUNT I 4. The above General Allegations numbered one (1) through three (3) are hereby realleged and fully incorporated herein by reference. 5. On or about March 24, 2004, you, TODD JOSEPH JUSTIN, submitted an electronic application to the Department for licensure as an insurance agent in this state. . 6. This application submitted by you, TODD JOSEPH JUSTIN, asks if the applicant has “currently pending against you or any entity you control, any criminal, administrative, or civil charges in any state or federal court anywhere in the United States...” This question is answered “NO”. As of March 24, 2004, civil charges were pending against you in the Supreme Court of New York, State of New York v. Tadd J. Justin, et. al., Case No. I-2002-6226. This case was intiated in. . June, 2002; a fact of which, you, TODD JOSEPH JU STIN, were fully aware of at the time of your submittal of the application. Your response to the above mentioned application question was false anda material misstatement of fact. You, TODD JOSEPH JUSTIN. » were aware of this fact. 7. If the true facts had been disclosed on the application to the Department, the insurance license would not have been issued. You, TODD JOSEPH JUSTIN, were aware of this fact. 8. The misleading and deceptive statement was made for the purpose of obtaining an insurance license in this state. IT IS THEREFORE CHARGED that you, TODD JOSEPH JUSTIN, have violated or are accountable under the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state: (a) Material misstatement, misrepresentation, or fraud in obtaining the license or appointment or in attempting to obtain the license or appointment. [Section 626.611(2), Florida Statutes] (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes] (c) Fraudulent or dishonest practices in the conduct of business under the license or ~ appointment. [Section 626.611(9), Florida Statutes] (d) Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida u 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), Florida Statutes] (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 X of this chapter. [Section 626.621(6), Florida Statutes] (g) Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. 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} WHEREFORE, you, TODD JOSEPH JUSTIN, are hereby notified that the Chief Financial Officer intends to enter an Order revoking or suspending your licenses and eligibility for licensure or to impose such penalties as may be proper under the provisions of Sections 626.611, 626.621, 626.681, 626.691, 626.692 and 626.9521 Florida Statutes, under the procedures and rules set forth in this Administrative Complaint. NOTICE OF RIGHTS You have the right to request a proceeding td 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 4 ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. 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) 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. 5 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 day of Mereh , 2006. owt Lusdle 'N CHANDLER Deputy Chief Financial Officer CERTIFICATE OF SERVICE IHEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been furnished by certified United States Mail to: TODD JOSEPH JUSTIN, 22509 Sea Bass Drive, Boca Raton, Florida 33428 and TODD JOSEPH JUSTIN, 1066 Newport Center Road., Deerfield Beach, Florida 33426, this 2 day of Mer 2 2006 : Tallahassee, Florida 32399-0333 (850) 413-4124

Docket for Case No: 06-001159PL