Sep 1 2006 14:22 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Sep, @1 2666 @2:16PM Pel? FLORIDA _ DEPARTMENT OF FINANCIAL SERVICES TOM GALLAGHER CHIEF FINANCIAL OFFICER F l L E D STATE OF FLORIDA JUL 25 2006 IN THE MATTER OF: Docketed ry CASE NO.: 81933-06-AG JANICE A. JORDAN-JOHNSON / TO: JANICE A. JORDAN-JOHNSON 1324 Southwest 47" Avenue Fort Lauderdale, I'L 33317 JANICE A, JORDAN-JOHNSON JORSON INSURANCE AGENCY 5546 W. Oakland Pk. Blvd #202 Lauderhill, FT. 33313 You, JANICE A. JORDAN-JOHNSON, license 1.D. #4135099, 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 stato, as a result of which it is alleged: GENERAL ALLEGATIONS 1, Pursuant to Chapter 626, Florida Statues, you, JANICE A. JORDAN-JOHNSON, are currently licensed in this state as a General Lines (Property & Casualty) Agent (2-20), and a Health Agent (2-40), 2. Aiall times pertinent to the dates and occurrences referred to herein, you, JANICE A. JORDAN-JOHNSON, were licensed in this state as an insurance agent. Sep 1 2006 14:23 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Sep. @1 2666 @2:17PM P31? 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services has jurisdiction over your insurance licenses and appointments. 4, For all times material herein, you, JANICE A. JORDAN-JOHNSON, owned and operated an insurance agency known as JORSON INSURANCE AGENCY, hereafter “Jorson”. 5. Onor about June 26, 2000, you, JANICE A. JORDAN-JOHNSON, registered your agency under the fictitious name JORSON, showing the agency location as 3316 NW 32"! Street, Lauderdale Lakes, FL 33309, but you failed to designate a Primary Agent for the JORSON agency for either that location or for the location at 5546 W. Oakland Pk. Blvd #202 Lauderhill, FL 33313, as requited by section 626.592, Vlorida Statutes, from the date of registration up to and including April 14, 2004. 6. You, JANICE A. JORDAN-JOHNSON, routinely “co-brokered” insurance business with other agents, one such agent being Louis Pierre Obile (“Obile”), and operated as a sub- producer for Muhmoud A. Khalil (“Khalil”), Applications were routinely presented to you for signature on behalf of consumers you never met. 7. You, JANICE A. JORDAN-JOHNSON, were not appointed with one or more of the insurance companies you sought to write business with, so cven though you had never cven met the consumers, you facilitated these insurance transactions and routinely split the resulting commissions with agents Obile and Khalil. 8. You, JANICE A. JORDAN-JOHNSON, routinely received insurance applications from insurance agent Andrew McCall d/b/a Cypress Insurance. Andrew McCall’s insuance license had been previously revoked by this Department and he was not authorized to act an insurance agent in Florida for the times specified below. Sep 1 2006 14:23 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Sep, 61 2646 B2:17PM P41? COUNT I 9. The above general allegations are hereby realleged and fully incorporated herein by reference. 10. On December 16, 2003, L.G. stopped at Jorson Insurance Agency and obtained a quote in the amount of $1,467 annual premium for 100,000/300,000 automobile casualty limits and $50,000 of property damage lor her SUV vehicle. 1..G. did not want any motor club contract because he was already an AAA auto club member. 11, You, JANICE JORDAN-JOHNSON, told L.G, that the down payment on the requested policy would be $525.00 and the license tags would be an additional $245.00, requiring an initial payment totalling $770.00, which amount was charged to his credit card, L.G. signed a premium finance agreement requiring that he thereafter pay monthly sums of $116.73. 12. On January 15, 2004, L.G. received a coupon book from I’ederated Premium Finance Company, but no insurane policy. L.G. noted that the monthly payment amount shown on the coupons was only $89.16. Eventually L.G, contacted Federated Premium Finance Company and discovered that his policy limits were lower than he had been quoted and that his agent was not you, JANICE. JORDAN-IOHNSON, but was in fact Obile. 13. On January 21, 2004, you, JANICE A. JORDAN-JOHNSON, submitted an application for automobile insurance on behalf of T..G. of Plantation, Florida, to American Vehicle Insurance Company (“American”) without either his knowledge or consent. Signatures on the insurance policy application and premium finance agreement purported to be those of L.G., but were not his. Sep 1 2006 14:23 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Sep. @1 2666 @2:17PM Pol? 14. This occurred because unbeknowst to him, [..G.’s insurance policy application information taken by you, JANICE JORDAN-JOHNSON, was forwarded by you for submission to American, since you were not then an appointed agent for American. 15. The policy innacurately listed you, JANICE A. JORDAN-JOHNSON, as the principal agent because you falied to comply with the procedural requirements for Broketing Agents listed in Section 626,752, Florida Statutes. 16. Out of L.G.’s $770.00 initial down payment you, JANICE A. JORDAN-JOHNSON, applied only $405.00 as a down payment towards the insurance premium. 17. L.G. believed the signed paperwork which stated he did have automobile insurance coverage between December 16, 2003, and January 21, 2004, However, LG, did not have any automoblie insurance coverage during that period. 18. On January 15, 2004, L..G. received documents related to the policy which reflected a lower premium than the $1,467.00 he was charged; the actual policy showed the premium was $1,021.00. The policy also reflected a lower down payment than the $405.00 down payment made by L.G.; the actual policy reflected a down payment of $306.00. There is a $99.00 difference in unnacounted funds based on the down payment made by L.G. and the down payment as relected in the actual policy. 19. The American policy also provided less insurance coverage than the limits L.G. applied for. The policy issued L.G. had only 10,000/20,000 bodily injury coverage and 10,000 property damage coverage. Based on the difference in the premium actually charged L.G. and the premium amount reflected in the policy, you, JANICE A. JORDAN-JOHNSON, received an excess in unearned commissions of $43.22. Sep 1 2006 14:23 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Sep, 61 2646 42:16PM Pel? IT IS THEREFORE CHARGED that you, JANICE A. JORDAN-JOIINSON, have violated.or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of l'inancial 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) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626,611(9), Florida Statutes]; (c) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insured’s or beneficiaries or to others and received in conduct of business under ’ the license or appointment. [Section 626.611(10), 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 Statutes]; (ec) Inthe conduct of business under the license of appointment, engaging 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 to the public. [Section 626.621(6), Florida Statutes]; (f) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the department, commission, or office. [Section 626.621(12), Florida Statues]; (2) Subject to the provisions of subsection (3), an agent may place with an insurer for which he or she is not an appointed agent only such business for which he or she is appointed Sep 1 2006 14:24 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Sep, @1 2666 2:18PM Pr-l? and which the insurer by which he or she is appointed is authorized to write. [Section 626.752(2), Florida Statutes); (h) 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 other benefit from any insurer, agent, broker, or individual. [Scction 626.9541(1)(k)(1), Florida Statutes]; (i) Knowingly collected as a premium or a 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 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 by the policy and as fixed by the insurer. [Section 626. 9541(1)(o)(2), Florida Statutes]. COUNT 1 20. The above general allegations are hereby realleged and fully incorporated herein by reference. 21. On March 29, 2003, D.L.H. visited Jorson for the purpose of obtaining auto insurance so as to be eligible to reinstate his driver’s license . You, JANICE A. JORDAN-JOHNSON, signed D.L.H’s name to an Ocean Harbor Insurance Company application and also to a Pro Premium finance agreement without his knowledge or consent. You then presented him with a phony insuance id, card and insurance binder showing coverage effective as of March 29, 2003. 22. You, JANCICE A. JORDAN-JOHNSON, failed to timely process and submit D.L.H’s insurance application. 19.1.1. was contacted by the Department of Highway Safety and Motor 6 Sep 1 2006 14:24 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Sep, 61 2646 42:18PM Pal? Vehicles (DHSMV”) advising him that his license and tags had been suspended as of April 1, 2003. Meanwhile, D.L.H. had been making regular permium finace payments. 23. You, JANICE A. JORDAN-JOHNSON, split the commission you earned on this business with Khalil or Obile. You also paid the fine assessed against D.L.H. by DHSMV, Iv IS THEREFORE CHARGED that you, JANICE A, JORDAN-JOHNSON, 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) No insurance agent, insurance agency, or other person licensed under the Insurance Code may pay any fee or other consideration to an unlicensed person other than an insurance agency for the referral of prospective purchasers to an insurance agent which is in any way dependent upon whether the referral results in the purchase of an insurance product. [Section 626.1128), 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) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide his or her commission with another. [Section 626.611(11), Florida Statutes]; (e) 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 Statutes]; Sep 1 2006 14:24 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Sep. 61 2646 42:19PM Pol? (f) In the conduct of business under the license of appointment, engaging unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under Part [X of this chapter, or having otherwise shown himself or hersel{'to be a source of injury to the public. [Section 626.621(6), Florida Statutes]; (g) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the department, commission, or office, [Section 626,621(12), Florida Statutes]; (h) Anagent may divide or share in commissions only with other agents appointed and licensed to write the same kind or kinds of insurance. [Section 626.753(1)(a), Florida Statutes]; (i) Knowingly making a false or fraudulent written or oral slalernent or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)(1), Mlorida Statutes}. COUNT III 24. The above general allegations are hereby realleged and fully incorporated herein by reference. 25, On September 12, 2003, H.L. visited Jorson for the purpose of obtaining auto insurance on behalf of his wife, A.P. You, JANICE A, JORDAN-JOHNSON, signed A,P."s name without her permission or consent on an insurance application and premium finance agreement after accepting payment of $648.00 as an insyrance premium downpayment on. a policy. Sep 1 2006 14:25 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Sep. @1 2666 @2:19PM Pig-i7 26, The Ocean Harbor Casualty Insurance Company (“Ocean Harbor”) declarations page for the applicable policy shows “Accord Insurance Network” as the producing agent. H.L. never did business through Accord Insurance Network. 27. You, JANICE A. JORDAN-JOHNSON, split the commission on this policy with Khalil or Obile. IT IS THEREFORE CHARGLD that you, JANICE A. JORDAN-JOHNSON, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Scrvices 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 626.61 1(7), Florida Statutes]; (b) Fraudulent or dishonest practices in the conduct of business under the license or appointinent. [Section 626.611(9), Florida Statutes]; (¢) Unlawfully rebating, attempting to unlawfully rebate, or unlawfully dividing or offering to divide his or her commission with another. [Section 626.611(11), 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 Statutes]; (e) In the conduct of business under the license of appointment, engaging unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under Part TX of this chapter, or having otherwise shown himself or herself to be a source of injury to the public. [Section 626.621(6), Florida Statutes]; FROM Sep 1 2006 14:25 ‘DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Sep. @1 2666 @2:19PM P1117 (f) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the department, commission, or office. [Section 626.621(12), l‘lorida Statutes); (g) Anagent may divide or share in commissions only with other agents appointed and licensed to write the same kind or kinds of insurance. [Section 626.753(1)(a), Florida Statutes]; (h) Knowingly making a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation [or an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. [Section 626.9541(1)(k)(1), Florida Statutes]. COUNT IV 28. ‘lhe above general allegations are hereby realleged and fully incorporated herein by reference. 29. On or about June 26, 2000, you, JANICE A. JORDAN-JOLINSON, registered Jorson Insuance agency under a fictitious name. According to Department records, you, JANICE A. JORDAN-JOHNSON, failed to file a Primary Agent form for Jorson. IT IS THEREFORE CHARGED that you, JANICE A. JORDAN-JOHNSON, have violated or are accountable under the following provision of the Florida Insurance Code which constitutes grounds for the suspension or revocation of your licenses and appointments: (a) Each person operating an insurance agency and each location of a multiple location agency shall designate a primary agent for each insurance agency location and shall file the name of the person so designated, and the address of the insurance agency location Sep 1 2006 14:25 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Sep. 81 2666 @2:28PM Pi2-i7 where he or she is primary agent, with the department, on a form approved by the department. (Section 626.592(1), Florida Statutes]; (b) An insurance agency location may not conduct the business of insurance unless a primary agent is designated at all times. [Section 626.592(7), Florida Statutes). COUNT V 30. The above general allegations are hereby realleged and fully incorporated herein by reference. 31. On of about April 14, 2004, Department personnel went to visit the Jorson agency at the location shown in Department records, to wit: 1000 Wost Oakland Park Boulevard, Wilton Manors, Florida 33311, The Department stafi then discovered that the Jorson agency had moved to 2164 West Oakland Park Boulevard, I't. Lauderdale, There is no record of you, JANICE A. JORDAN-JOHNSON, having changed the agency business address, 1T 18 THEREFORE CHARGED that you, JANICE A, JORDAN-JOHNSON, 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) Any licensed agent or adjuster doing business under a firm or corporate name or under any business name other than his or her own individual name shall, within 30 days after the initial transaction of insurance under such business name, file with the department, on forms adopted and furnished by the department, a written statement of the firm, corporate, or business name being so used, the address of any office or offices or places of business making use of such name, and the name and social security number of each officer and director of the corporation and of cach individual associated in such firm or corporation as to the insurance 11 Sep 1 2006 14:26 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Sep. 81 2666 @2:28PM Pis-i7 transactions thereof or in the use of such business name. [Section 626.541(1), Florida Statutes]. WHIEREFORE, you, JANICE A. JORDAN-JOHNSON, 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 reccipt 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. Sep 1 2006 14:26 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Sep. 81 2666 @2:28PM P1417 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 resporise must contain: (a) The name and address of the parly 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. 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. ‘hese proceedings are held before a State administrative law judge of the Division of Sep 1 2006 14:26 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Sep. @1 2666 2:21PM Pis-i7 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_2 at day of Sul. , 2006. PNY Pow as oN Dey yee we, KAREN CHANDLER Deputy Chicf Financial Officer 14 Sep 1 2006 14:27 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Sep. @1 2666 2:21PM Pie-1? 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: JANICE A. JORDAN- JOHNSON, 1030 NW 70th Way, Plantation, FL 33313; JANICE A. JORDAN-JOHNSON, FED USA Insurance, 8011 Kimberly Blvd., North Lauderdale, FI. 33068 by Certified Mail this 25) say of ‘ Juul y 2006. David J. Busch ™ Florida Bar Number 140945 Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399 (850) 413-4146 Sep 1 2006 14:27 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Sep, @1 2666 2:21PM Pl?-1? STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: CASE NO.: 81933-06-AG JANICE A. JORDAN-JOHNSON ELECTION OF PROCEEDING lL have received and have read the Notice of ihe ADMINISTRATIVE COMPLAINT filed against me, including the Notice of Rights contained therein, and I understand my options. | am requesting disposition of this matter as indicated below. (Choose one) Lo] I do not dispute any of the Department’s factual allegations and I do not desire a hearing. [ understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including revoking my licenses and appointments as may be appropriate. 2 I do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with Section 120.37(2), Florida Statutes. In this regard, I desire to (Choose one): [1 Submit a written statement and documentary evidence in lieu of a hearing; or | Personally attend a hearing conducted by a department hearing officer in ‘Tallahassee; or [] Attend that same hearing by way ofa telephone conference call. 3.7) I do dispute one or more of the Department's factual allegations. 1 hereby request a hearing pursuant to Section 120.57(1), Florida Statutes, to be held before the Division of Administrative earings. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: General Counsel as acting agency clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Signature Print Name Date: Address: _ _ Phone No.:

Docket for Case No: 06-003299PL