FLORIDA DEPARTMENT OF FINANCIAL SERVICES TOM GALLAGHER F i i. E D CHIEF FINANCIAL OFFICER STATE OF FLORIDA . JUN 20 0006 IN THE MATTER OF: Deckaied by FAL CASE NO.: 85275-06-AG THERESA A. HARTLEY ADMINISTRATIVE COMPLAINT ‘TO: THERESA A. HARTLEY 2790 Joe Ashton Road Ay ! F Saint Augustine, Florida 32092 LD (5 aud. 6 e L THERESA A, HARTLEY 408 S. Ponce De Leon Blvd. Saint Augustine, Florida 32084 You, THERESA A. HARTLEY, license ID, #E079638, 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, THERESA A. HARTLEY, are currently licensed in this state as a Customer Representative (4-40). 2. At all times pertinent to the dates and occurrences referred to herein, you, THERESA A. HARTLEY, were licensed in this state as a Customer Representative. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (hereinafter “the Department”) has jurisdiction over your insurance licenses and appointments. 4, At all times pertinent to the dates and occurrences herein, you, THERESA A. HARTLEY, were employed as an agent for State Insurance Agency, Inc., located at 408 S. Ponce De Leon Boulevard in Saint Augustine, Florida, 32084. ) COUNT I 5. The above general allegations are hereby realleged and fully incorporated herein by reference. 6. On or about October 3, 2003, Sandra Kee went to State Insurance Agency to purchase automobile insurance. You, THERESA A. HARTLEY, handled the transaction for the State Insurance Agency. Sometime soon thereafter Sandra Kee paid approximately $269.28 as the down payment for an automobile policy with AIG Insurance Company. 7. You, THERESA A. HARTLEY, took $269.28 from Sandra Kee, and gave her a receipt. Sandra Kee was not told that $60.00 of her $269.28 down payment would be used to enroll her in the Great South Direct Services, Inc. membership for towing and road side assistance, nor did she give consent to any such purchase. 8. You, THERESA A. HARTLEY, falsely represented to Sandra Kee that the $269.28 which she paid to you was the premium amount for her automobile insurance policy. 9. You, THERESA A. HARTLEY, willfully ignored the wishes of Sandra Kee and without her consent took $60.00 of her money to pay for a membership she did not want. IT IS THEREFORE CHARGED that you, THERESA A. HARTLEY, 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) Sliding is the act or practice of: 1. Representing to the applicant that a specific ancillary coverage or product is required by law in conjunction with the purchase of motor vehicle insurance when such coverage or product is not required. N wv Representing to the applicant that a specific ancillary coverage or product is included in the policy applied for without an additional charge when such charge is required. 3. Charging an applicant for a specific ancillary coverage or product, in addition to the cost of the insurance coverage applied for, without the informed consent of the applicant, [Section 626.9541(1)(z), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance, [Section 626.61 1(7), Florida Statutes]; (c) 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]; (d) Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or any other benefit from an insurer, agent, broker, or individual. [Section 626.9541(1)(k) 1, Florida Statutes]. COUNT II 10. The above general allegations are hereby realleged and full incorporated herein, 11. On or about August 9, 2004, Kenneth Dean went to State Insurance Agency, Inc. to purchase automobile insurance. You, THERESA A. HARTLEY, handled the transaction on behalf of State Insurance Agency. You, THERESA A. HARTLEY took approximately $324.00 from Mr. Dean as the down payment for an automobile policy with Mercury Insurance Company. You, THERESA A. HARTLEY, issued Mr. Dean a receipt. 12. Kenneth Dean was not told that $60.00 of his $324.00 down payment would be used to enroll him in the Great South Direct Services, Inc. auto club, nor did he give consent to any such purchase. 13. You, THERESA A. HARTLEY, falsely represented to Sandra Kee that the 5324.00 which she paid to you was the premium for her automobile insurance policy. 14. “You, THERESA A. HARTLEY, willfully ignored the wishes of Kenneth Dean and without his consent took $60.00 of his money to pay for a membership he did not want. IT IS THEREFORE CHARGED that you, THERESA A. HARTLEY, have violated or are accountable for 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 as a Customer Representative: Sections 626.621(6); 626.611(7); 626.9541(1)(k)1; and 626.9541(1)(z), Florida Statutes, as more fully described under Count I above. COUNT II 15. The above general allegations are hereby realleged and fully incorporated herein by reference, 16. You, THERESA A. HARTLEY, as an employee of State Insurance Agency, Inc., and as a standard business practice, charged $15.00 fees for endorsing customers’ policies, and $1.00 fees for accepting cash payments. IT IS THEREFORE CHARGED that you, THERESA A. HARTLEY, 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) Knowingly collecting any sum as a premium or charge for insurance, which is not then provided, or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as permitted by this code. (b) Knowingly collecting as a premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the office, and as specified in the policy; or, in cases when classifications, premiums, or rates are not required by this code to be so filed and approved, premiums and charges collected from a Florida resident in excess of or less than those specified in the policy and as fixed by the insurer. This provision shall not be deemed to prohibit the charging and collection, by surplus lines agents licensed under part VIII of this chapter, of the amount of applicable state and federal taxes, or fees as authorized by s. 626.916(4), in addition to the premium required by the insurer or the charging and collection, by licensed agents, of the exact amount of any discount or other such fee charged by a credit card facility in connection with the use of a credit card, as authorized by subparagraph (q)3., in addition to the premium required by the insurer. This subparagraph shall not be construed to prohibit collection of a premium for a universal life or a variable or indeterminate value insurance policy made in accordance with the terms of the contract. [Section 626.9541(1)(o), Florida Statutes] (c) 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 626.61 1(13), Florida Statutes] (d) 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. (e) Inthe 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. [Section 626.621(2)(6), Florida Statutes] WHEREFORE, you, THERESA A. HARTLEY, 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, 626.9521, 626.9571, and 626.9581, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. NOTICE OF RIGHTS Fy, “&, Ap You have the right to request a proceeding to contest this action by the Department Py pursuant to sections 120.569 and 120.57, Florida Statutes, and Rule 28- 107, rons Op f Os ‘be Administrative Code. The proceeding request must be in writing, signed by you, and AEN, € 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 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. Ifa 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. 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 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 20" day of Ovne , 2006. Je on i) IN CHANDLER 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: THERESA A. HARTLEY, 2790 Joe Ashton Road,Saint Augustine, FL 32092; THERESA A. HARTLEY, 408 S. Ponce De Leon Bivd., Saint Augustine, FL 32084 by Certified Mail this ZO of Souk _, 2006. 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4210 Florida Bar Number 0689793

Docket for Case No: 06-002420PL