Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: EDEN PAUL AGNEW
Judges: LARRY J. SARTIN
Agency: Department of Financial Services
Locations: Stuart, Florida
Filed: Aug. 14, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 27, 2006.
Latest Update: Jul. 06, 2024
FLORIDA
DEPARTMENT OF
FINANCIAL SERVICES
TOM GALLAGHER , | FILED
CHIEF FINANCIAL OFFICER
STATE OF FLORIDA
IN THE MATTER OF: Docketed mw AEE -,
CASE NO.: 85514-06-AG “2
Ole D901 PL.
EDEN PAUL AGNEW
ADMINISTRATIVE COMPLAINT
TO: EDEN PAUL AGNEW
13377 South Indian River Dr. #18
Jensen Beach, Florida 34957
You, EDEN PAUL AGNEW, license LD. #A002058, 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, EDEN PAUL AGNEW, are
currently licensed in this state as a Life Iicluding Variable Annuity Agent (2-14), Life Including
Variable Annuity & Health Agent (2-15), Life & Health Agent (2-18), and General Lines Agent
(2-20). ,
2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial
Services (“Department”) has jurisdiction over your insurance licenses and appointments.
3. At all times pertinent to the dates and occurrences referenced herein, you, EDEN
PAUL AGNEW, were licensed in this state as an insurance agent.
COUNT I
4. The above general allegations are hereby realleged and fully incorporated herein
by reference.
5. On June 30, 2000, in the Circuit Court of the Seventeenth Judicial Circuit in and
for Broward County, Florida, Case No.: 99-21494CF10A, you EDEN PAUL AGNEW, while
holding a Florida insurance license, pled guilty io Possession of Cocaine, a felony.
6. You, EDEN PAUL AGNEW, failed to notify the Department in writing within
thirty (30) days after having pled guilty to said felony.
IT IS THEREFORE CHARGED that you, EDEN PAUL AGNEW, 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) Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance, [Section 626.611(7), Florida Statutes);
(b) Having been found guilty of or having pleaded guilty or nolo contendere to a
~_- felony or a crime punishable by imprisonment of 1 year or more under the law of the United
States of America or of any state thereof or under the law of any other country, without regard to
whether a judgment of conviction has been entered by the court having jurisdiction of such cases.
[Section 626.621(8), Florida Statutes];
(c) Failure to inform the department in writing within 30 days after pleading guilty or
nolo contendere to, or being convicted or found guilty of, any felony or a crime punishable by
imprisonment of 1 year or more under the law of the United States or of any state thereof, or
under the law of any other country without regard to whether a judgment of conviction has been
entered by the court having jurisdiction of the case. (Section 626.621(11), Florida Statutes].
COUNT IT
The above general allegations are hereby realleged and fully incorporated herein by
reference,
7. On May 8, 2003, in the Circuit Court of the Seventeenth Judicial Circuit in and
for Broward County, Florida, Case No.: 01-125 84CF10A, you EDEN PAUL AGNEW, while
holding a Florida insurance license, pled no ‘contest to Aggravated Assault, a felony,
8. You, EDEN PAUL AGNEW, failed to notify the Department in writing within
thirty (30) days after having pled guilty to said felony.
IT IS THEREFORE CHARGED that you, EDEN PAUL AGNEW, 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) Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance. [Section 626.611(7), Florida Statutes];
(b) Having been found guilty of or having pleaded guilty or nolo contendere to a
felony or a crime punishable by imprisonment of 1 year or more under the law of the United
States of America or of any state thereof or under the law of any other country which involves
moral turpitude without regard to whether a judgment of conviction has been entered by the
_ court having jurisdiction of such cases. [Section 626.611(14), Florida Statutes];
(c) Failure to inform the department in writing within 30 days after pleading guilty or
nolo contendere to, or being convicted or found guilty of, any felony or a crime punishable by
imprisonment of 1 year or more under the law of the United States or of any state thereof, or
under the law of any other country without regard to whether a judgment of conviction has been
entered by the court having jurisdiction of the case. [Section 626.621(11), Florida Statutes].
WHEREFORE, you, EDEN PAUL AGNEW, 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 626.9521, 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 reveint 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.
ore SS 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) Astatement 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.
If a proceeding is requested and there is no dispute of matetial 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 iat day of C habia an , 2006.
iu (Daud
IN CHANDLER
Deputy Chief Financial Officer
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and-correct copy of the foregoing ADMINISTRATIVE
COMPLAINT and ELECTION OF PROCEEDING has been furnished to: EDEN PAUL
AGNEW, 13377 South Indian River Drive #18, Jensen Beach, Florida 34957-2266, by Certified
Mail this [B* day of Ske , 2006.
hho Hah,
William W. Tharpe, Jr. 7 CU
Florida Bar Number: 031241
Division of Legal Services
200 East Gaines St.
612 Larson Building
Tallahassee, Florida 32399-0333
Phone: (850) 413-4110
Fax: (850) 487-4907
Docket for Case No: 06-002901PL
Issue Date |
Proceedings |
Sep. 27, 2006 |
Order Closing File. CASE CLOSED.
|
Sep. 26, 2006 |
Motion to Relinquish Jurisdiction filed.
|
Sep. 21, 2006 |
Notice of Withdrawal as Counsel filed.
|
Sep. 19, 2006 |
Subpoena Duces Tecum filed.
|
Sep. 13, 2006 |
Second Amended Notice of Deposition Duces Tecum filed.
|
Sep. 01, 2006 |
Amended Notice of Deposition of Agency Designated Representative Duces Tecum filed.
|
Sep. 01, 2006 |
Amended Notice of Deposition of Designated Agency Representative Duces Tecum filed.
|
Aug. 25, 2006 |
Order of Pre-hearing Instructions.
|
Aug. 25, 2006 |
Notice of Hearing (hearing set for October 24, 2006; 9:30 a.m.; Stuart, FL).
|
Aug. 22, 2006 |
Notice of Deposition of Agency Designated Representative Duces Tecum filed.
|
Aug. 22, 2006 |
Notice of Deposition of Designated Agency Representative Duces Tecum (2) filed.
|
Aug. 22, 2006 |
Respondent Agnew`s Response to Initial Order filed.
|
Aug. 15, 2006 |
Initial Order.
|
Aug. 14, 2006 |
Administrative Complaint filed.
|
Aug. 14, 2006 |
Eden Paul Agnew`s Request for Formal Administrative Hearing filed.
|
Aug. 14, 2006 |
Election of Proceeding filed.
|
Aug. 14, 2006 |
Agency referral filed.
|