Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: JORGE GUIDO VILLANUEVA
Judges: JEFF B. CLARK
Agency: Department of Financial Services
Locations: Orlando, Florida
Filed: Aug. 22, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 19, 2006.
Latest Update: Dec. 25, 2024
FLORIDA
DEPARTMENT OF
FINANCIAL SERVICES MM AUG 22 A IWS
TOM GALLAGHER
CHIEF FINANCIAL OFFICER
STATE OF FLORIDA
JUL 18 2066
IN THE MATTER OF: ge
Docketed by: UL
—_E« — CASENO. 86339-06-AG
JORGE GUIDO VILLANUEVA
ADMINISTRATIVE COMPLAINT
TO: JORGE GUIDO VILLANUEVA _-
852 Pine Shadow Drive ALS p (_
Apopka, Florida 32712 ly
JORGE GUIDO VILLANUEVA
225 S. Westmonte Drive
Altamonte Springs, Florida 32714
You, JORGE GUIDO VILLANUEVA, are hereby notified that pursuant to Chapter 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:
GENERAL ALLEGATIONS
1. You, JORGE GUIDO VILLANUEVA, are currently licensed in the state as a
general lines insurance agent and surplus lines insurance agent.
2. At all time pertinent to the dates and occurrences referred to in this
Administrative Complaint you, JORGE GUIDO VILLANUEVA, were licensed as an insurance
agent in this state.
3. At all times pertinent to the dates and occurrences referred to in this
Administrative Complaint, you, JORGE GUIDO VILLANUEVA, were an officer and director
of Florida Corporate Insurers, Inc., a Florida incorporated insurance agency. Pursuant to Section
626.734, Florida Statutes, you, JORGE GUIDO VILLANUEVA, are personally and fully liable
and accountable for any wrongful acts, misconduct, or violations of any provisions of the
Insurance Code committed by either you or anyone else under your direct supervision and
control while acting on behalf of the corporation.
4, At all times pertinent to the dates and occurrences referred to in this
Administrative Complaint all funds received by you, JORGE GUIDO VILLANUEVA, pursuant
to Section 626.561, Florida Statutes, from consumers or on behalf of consumers were trust funds
received in a fiduciary capacity and were to be paid over to persons entitled thereto in the regular
course of business.
COUNT I
5. Paragraphs one through four are realleged and incorporated herein by reference.
6. At all times pertinent to the dates and occurrences referred to in this
Administrative Complaint, a contract was in effect between Florida Corporate Insurers, Inc., and
Prime Rate Premium Finance Corporation, a premium finance company. Pursuant to the
contract, Prime Rate Premium Finance Corporation agreed to finance insurance policy premiums
on policies sold by Florida Corporate Insurers, Inc. Florida Corporate Insurers had the authority
to make Prime Rate Premium Finance check drafts payable to it in turn, for which it was to remit
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the funds to the respective insurance company in order to pay the customer’s insurance policy
premium.
7. An audit of Florida Corporate Insurers, Inc.’s agency account with Prime Rate
Premium Finance Corporation reveals an indebtness owed by Florida Corporate Insurers Inc., of
$95,349.85.
g. These funds represent either premium disbursements for insurance policies made
by Prime Rate Premium Finance Corporation for which you, JORGE GUIDO VILLANUEVA,
failed to remit to the insurer or anyone else so entitled or return premiums and unearned
commissions on cancelled polices for which you failed to remit to the premium finance
company.
9. The above-mentioned funds represented trust funds received by you, JORGE
GUIDO VILLANUEVA, from either Prime Rate Premium Finance or insureds in a fiduciary
capacity.
10. You, JORGE GUIDO VILLANUEVA, have converted, misappropriated, or
wrongfully withheld fiduciary funds belonging to Prime Rate Premium Finance and to the
payees.
11. Demand was made for remittal of the funds to Prime Rate Premium Finance
Corporation, but you, JORGE GUIDO VILLANUEVA, have refused same. As a result, Prime
Rate Premium Finance Corporation has suffered a financial loss.
IT IS THEREFORE CHARGED that you, JORGE GUIDO VILLANUEVA, 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 insurance licenses and eligibility for licensure:
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(a) All premiums, return premiums, or other funds belonging to insurers or others
received by an agent, solicitor, or adjuster in transactions under his license shall be trust funds so
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) Fraudulent or dishonest practices in the conduct of business under the license or
permit. [Section 626.611(9), Florida Statutes];
(d) Misappropriation, conversion, or unlawful withholding of moneys belonging to
insurers of insureds or beneficiaries or to others and received in conduct of business under the
license. [Section 626.611(10), Florida Statutes};
(e) Failure or refusal, upon demand, to pay over to any insurer he represents or has
represented any money coming into his hands belonging to the insurer. [Section 626.621(4),
Florida Statutes];
COUNT II
12. Paragraphs one through four are realleged and incorporated herein by reference.
13. At all times pertinent to the dates and occurrences referred to in this
Administrative Complaint, a contract was in effect between Florida Corporate Insurers, Inc., and
Imperial A.I. Credit Company, a premium finance company. Pursuant to the contract, Imperial
A.I. Credit Company agreed to finance insurance policy premiums on policies sold by Florida
Corporate Insurers, Inc. Florida Corporate Insurers had the authority to make A.L. Credit
premium finance check drafts payable to it in turn, for which it was to remit the funds to the
respective insurance company in order to pay the customer’s insurance policy premium.
14. An audit of Florida Corporate Insurers, Inc.’s agency account with Imperial A.I.
Credit Company reveals an indebtness owed by Florida Corporate Insurers Inc., of $121,461.09.
15. These funds represent either premium disbursements for insurance policies made
by Imperial A.I. Credit Company for which you, JORGE GUIDO VILLANUEVA, failed to
remit to the insurer or anyone else so entitled or return premiums and unearned commissions on
cancelled polices for which you failed to remit to the premium finance company.
16. The above-mentioned funds represented trust funds received by you, JORGE
GUIDO VILLANUEVA, from either Imperial A.I. Credit Company or insuréds in a fiduciary
capacity.
17. You, JORGE GUIDO VILLANUEVA, have converted, misappropriated, or
wrongfully withheld fiduciary funds belonging to Imperial A.I. Credit Company and to the
payees.
18. | Demand was made for remittal of the funds to Imperial A.I. Credit Company, but
you, JORGE GUIDO VILLANUEVA, have refused same, As a result, Imperial AI. Credit
Company has suffered a financial loss.
IT IS THEREFORE CHARGED that you, JORGE GUIDO VILLANUEVA, 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 insurance licenses and eligibility for licensure: Sections 626.561(1);
626.611(7); 626.611(9); 626.611(10); and 626.621(4), Florida Statutes as more particularly
alleged in Count I above.
COUNT III
19, Paragraphs one through four are realleged and incorporated herein by reference.
20. ‘At all times pertinent to the dates and occurrences referred to in this
Administrative Complaint, a contract was in effect between Florida Corporate Insurers, Inc., and
Bass Underwriters, Inc., a managing general insurance agent. Pursuant to the contract, Florida
Corporate Insurers was to remit the full amount of any insurance policy premium to Bass
Underwriters no later than the 15" day of the first month after the effective date of that insurance
policy.
21. An audit of Florida Corporate Insurers, Inc.’s agency account with Bass
Underwriters reveals an indebtness owed by Florida Corporate Insurers Inc., of $93,986.57.
22. These funds represent premium payments for insurance policies issued by Bass
Underwriters to Florida insurance consumers for which you, JORGE GUIDO VILLANUEVA,
and Florida Corporate Insurers failed to remit to Bass Underwriters or anyone else so entitled.
23, The above-mentioned funds represented trust funds received by you, JORGE
GUIDO VILLANUEVA, from insureds in a fiduciary capacity.
24, You, JORGE GUIDO VILLANUEVA, have converted, misappropriated, or
wrongfully withheld fiduciary funds belonging to Bass Underwriters and to the insureds.
25, Demand was made for remittal of the funds to Bass Underwriters, but you,
JORGE GUIDO VILLANUEVA, have refused same. As a result, Bass Underwriters has
suffered a financial loss.
IT IS THEREFORE CHARGED that you, JORGE GUIDO VILLANUEVA, 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
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revocation of your insurance licenses and eligibility for licensure: Sections 626.561(1);
626.611(7); 626.611(9); 626.611(10); and 626.621(4), Florida Statutes as more particularly
alleged in Count I above.
COUNT IV
26. Paragraphs one through four and paragraph twenty are realleged and incorporated
herein by reference.
27, On July 20, 2005, you, JORGE GUIDO VILLANUEVA, or someone under your
direct supervision and control, did submit a check to Bass Underwriters in the amount of
$28,974.67 drawn on the Florida Corporate Insurers business bank account. These funds were
intended to be the monthly premium payments in accordance with the contract on numerous
insurance policies issued by Bass Underwriters to Florida insurance consumers.
28. This check was presented to the drawee bank but payment was refused and the
check returned for insufficient funds. You, JORGE GUIDO VILLANUEVA, or someone under
your direct supervision and control, failed to remit the funds to Bass Underwriters or to anyone
else so entitled.
29. The above-mentioned funds represented trust funds received by you, JORGE
GUIDO VILLANUEVA, from insureds in a fiduciary capacity for Bass Underwriters.
30. You, JORGE GUIDO VILLANUEVA, have converted, misappropriated, or
wrongfully withheld fiduciary funds belonging to Bass Underwriters and to the insureds.
31. - Demand was made for remittal of the funds to Bass Underwriters, but you,
JORGE GUIDO VILLANUEVA, have refused same. As a result, Bass Underwriters has
suffered a financial loss.
IT IS THEREFORE CHARGED that you, JORGE GUIDO VILLANUEVA, 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 insurance licenses and eligibility for licensure: Sections 626.561(1);
626.611(7); 626.611(9); 626.611(10); and 626.621(4), Florida Statutes as more particularly
alleged in Count I above.
WHEREFORE, you, JORGE GUIDO VILLANUEVA, 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, 626.692, 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 28-107, 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
8
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) 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) . Areference to the notice, order to show cause, administrative complaint, or other
communication that the party has received forms 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 recetved by
the Department of Insurance.
fh <—
DATED this_18"" day of Swiy , 2006.
< CL ibe
IN CHANDLER,
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative
Complaint was mailed by certified mail to: JORGE GUIDO VILLANUEVA, 852 Pine Shadow
Drive, Apopka, Florida 32712 and 225 S. Westmonte Drive, Altamonte Springs, Florida
32714 on this |¢"_ day of Sulu , 2006.
JAMES A. BOSSART, ESQUIRE
Division of Legal Services
612 Larson Building
Tallahassee, FL 32399-0333
(850) 413-4124
il
Docket for Case No: 06-003115PL
Issue Date |
Proceedings |
Oct. 19, 2006 |
Order Closing File. CASE CLOSED.
|
Oct. 19, 2006 |
Motion to Relinquish Jurisdiction filed.
|
Sep. 13, 2006 |
Amended Notice of Hearing (hearing set for October 24 and 25, 2006; 9:00 a.m.; Orlando, FL; amended as to Hearing dates).
|
Sep. 08, 2006 |
Respondent`s Compliance with Initial Order filed.
|
Sep. 08, 2006 |
Order of Pre-hearing Instructions.
|
Sep. 08, 2006 |
Notice of Hearing (hearing set for October 24, 2006; 9:00 a.m.; Orlando, FL).
|
Sep. 01, 2006 |
Letter to Judge Harrell from J. Bossart responding to the Initial Order filed.
|
Aug. 30, 2006 |
Letter to Judge Harrell from J. Bossart requesting a three day extension filed.
|
Aug. 22, 2006 |
Initial Order.
|
Aug. 22, 2006 |
Administrative Complaint filed.
|
Aug. 22, 2006 |
Election of Proceeding filed.
|
Aug. 22, 2006 |
Agency referral filed.
|