Oct 3 2006 16:33 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 83 2666 84:27PM Pe-24 FLORIDA _ DEPARTMENT OF FINANCIAL SERVICES TOM GALLAGHER FILED GUAR OPFLORIDA “AUG 31 2006 IN THE MATTER OF: Bockouad Dai CASE NO.; 85544-06-AG JON KEMPTON KOCHA ADMINISTRATIVE COMPLAINT TO: JON KEMPTON KOCHA 11566 Buckhaven Lane Weat Palm Beach, Florida 33412-1607 JON KEMPTON KOCHA 13700 U § Highway One, Suite #102 Juno Beach, Florida 33408-1600 You, JON KEMPTON KOCHA, license I.D. #A144087, 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 lL. Pursuant to Chapter 626, Florida Statutes, you, JON KEMPTON KOCHA, are currently licensed in this state as a General Lines (Prop. & Cas.) (2-20) Agent, and were so licensed at all times pertinent to the dates and occurrences referred to herein. 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services has jurisdiction over your insurance licenses and appointments. 3. Pursuant to Section 626.734, Florida Statutes, any general lines insurance agent who is an officer, director, or stockholder of an incorporated general lines insurance agency shall Oct 3 2006 16:33 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 63 2646 B4:27PM Pree remain personally and fully liable and accountable for any wrongful acts, misconduct or violations of any provisions of the Florida Insurance Code committed by such licensee or by any person under his or her direct supervision and control while acting on behalf of the corporation. 4, On or about December 2003, an insurance binder was requested along with umbrella insurance by Karla Kander for her company, Brown and Phillips, Inc. 5. On or about August, 2003, Karla Kander learned that you, JON KEMPTON KOCHA, or someone in your employ or under your supervision and control, and for whose actions you, JON KEMPTON KOCHA, are accountable, failed to secure coverage on the aforesaid property and failed to forward the premium received to the intended insurer for approximately nine months but did during this period of time issue bogus certificates of ingurance reflecting that Brown and Philips, Inc. was insured with an umbrella policy during the time they were, in fact, not covered. At all times material herein, Karla Kander, on behalf of her company, Brown and Philips, Inc., paid you, JON KEMPTON KOCHA, for insurance coverage which you did not provide, 6. Atall times material herein, you, JON KEMPTON KOCHA, were the president of Palm Beach Insurance Group, Inc,, d/b/a St. Lucie Insurance. 7. Atall times material herein, you, JON KEMPTON KOCHA, were the president of island Insurance Partners, Inc. 8. At all times pertinent to the dates and occurrences referred to herein, and pursuant to Section 626.561(1), Florida Statutes, all funds received by you, JON KEMPTON KOCHA, from insureds were trust funds received in a fiduciary capacity and were to be paid over to an insurer, insured, or other person entitled thereto in the regular course of business. 9, Atall times material herein, you, JON KEMPTON KOCHA, as a licensed insurance agent, misappropriated fiduciary funds collected in the normal course of business and made an excess charge for insurance, all as will hereinafter be more fully set forth. Oct 3 2006 16:33 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 83 2666 84:27PM Peed COUNTI 10. The above general allegations are hereby realleged and fully incorporated herein by reference. 11. You, JON KEMPTON KOCHA, have misappropriated, converted, or withheld moneys belonging to Karla Kander. As a result, Karla Kander and her company, Brown and Phillips, Inc., were without insurance coverage for a significant period of time. 12. You, JON KEMPTON KOCHA, or someone in your employ or under your supervision and control, and for whose actions you are responsible, overcharged Karla Kandar the amount of or about FOUR HUNDRED FIFTY-ONE ($451.00) DOLLARS. IT IS THEREFORE CHARGED that you, JON KEMPTON KOCHA, have violated or are accountable under one or more of 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) All premiums, return premiums, or other funds belonging to insurers, insureds, or others received by an agent under his license are trust funds received by the licensee in a fiduciary capacity, The licensee in the 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]; (>) 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]; Oct 3 2006 16:34 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 858457r4oer Oct, 63 2686 4:28PM Poe (d) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license or appointment, [Section 626.6] 1(10), 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]; (f) Unfair methods of competition and unfair or deceptive acts or practices prohibited: ... No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 626.951 or s, 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance... . [Section 626.9521, Florida Statutes]; (g) UNFATR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS,—The following are defined as unfair methods of competition and unfair or deceptive acts or practices: ... False information and advertising generally,--Knowingly making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public: 1. In a newspaper, magazine, or other publication, 2. In the form of a notice, circular, parmphict, letter, or poster, 3. Over any radio or television station, or 4, In any other way, ... an advertisement, announcement, or statement containing any assertion, representation, or Oct 3 2006 16:34 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. @3 2666 84:28PM Pie-24 statement with respect to the business of insurance, which is untrue, deceptive, or misleading. False statements and entries.-- 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. . . . Illegal dealings in premiums; excess or reduced charges for insurance.-- 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. [Section 626.9541, Florida Statutes]; (hy Knowingly collecting as a premium or charge for insurance any sum in excess of ot leas 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 shal! not be deemed to prohibit the charging and collection, by surplus lines agents licensed under part VIIT 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 Oct 3 2006 16:34 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. @3 2666 84:28PM Pil24 prohibit collection of a premiuin for a universal life or a variable or indeterminate value insurance policy made in accordance with the terms of the contract. ... [Section 626.9541, Florida Statutes]. COUNT II 13. The above general allegations are hereby realleged and fully incorporated herein by reference. 14. Onor about March 2004, you, JON KEMPTON KOCHA, or someone in your employ or under your supervision and control, and for whose actions you are responsible, provided Tony Gallivan and/or his firm, Clark Construction with a false insurance certificate, sent via facsimile, which reflected that Brown and Phillips was insured with an umbrella policy when, in fact, they were not. This bogus insurance exposed Tony Gallivan and/or his firm, Clark Construction, to potential risk and liability. IT 18 THEREFORE CHARGED that you, JON KEMPTON KOCHA, have violated or ate accountable under one or more of 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) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (ce) 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]; Oct 3 2006 16:35 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 83 2666 84:29PM Pl2-e4 (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. (Section 626.621(2), Florida Statutes]; (c) Unfair methods of competition and unfair or deceptive acts or practices prohibited; penalties.-- No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 626,951 or s. 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance. {Section 626.9521, Florida Statutes]; (f) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS.--The following are defined as unfair methods of competition and unfair or deceptive acts or practices: ... False information and advertising generally.-Knowingly making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public: 1. In anewspaper, magazine, or other publication, 2. In the form of a notice, circular, pamphlet, letter, or poster, 3. Over any radio or television station, or 4. Tin any other way, ... an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance, which is untrue, deceptive, or misleading. False statements and entries.-- Knowingly: Oct 3 2006 16:35 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 63 26686 84:29PM Pisved 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, of placed before the public, any false material statement. . .. Illegal dealings in premiums; excess or reduced charges for imsurance.-- 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. (g) 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 Oct 3 2006 16:35 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 83 2666 84:29PM Pl4-24 insurance policy made in accordance with the terms of the contract .... [Section 626.9541, Florida Statutes]. COUNT Ul 15. The above general allegations are hereby realleged and fully incorporated herein by reference. 16. Onor about January 2004, you, JON KEMPTON KOCHA, or someone in your employ or under your supervision and control, and for whose actions you are responsible, provided Patti Davis and/or her firm, Perini Building Company, with a false insurance certificate, sent via facsimile, which reflected that Brown and Phillips was insured with an umbrella policy when, in fact, they were not. This bogus insurance exposed Patti Davis and/or her firm, Perini Building Company, to potential risk and liability. IT IS THEREFORE CHARGED that you, JON KEMPTON KOCHA, have violated or ate accountable under one or more of 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) — Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), 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 626.611(13), Florida Statutes]; Oct 3 2006 16:35 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. @3 2666 84:38PM PiS“24 (4) 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]. (e) Unfair methods of competition and unfair or deceptive acts or practices prohibited; penalties.-- No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 626,95] or s. 626.956) to be, an unfair method of competition or an unfair or deceptive act or ptactice involving the business of insurance. [Section 626.9521, Florida Statutes]; (f)) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS.--The following are defined as unfair methods of competition and unfair or deceptive acts or practices: ... False information and advertising generally.--Knowingly making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public: 1. In a newspaper, magazine, or other publication, 2. In the form of a notice, circular, pamphlet, letter, or poster, 3. Over any radio or television station, or 4. In any other way, ... an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insutance, which is untrue, deceptive, or misleading. False statements and entries.-- Knowingly: Oct 3 2006 16:35 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 63 26686 84:38PM Pi624 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. . . . Illegal dealings in premiums; excess or teduced charges for insurance.- 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, . . . Knowingly collecting as a promium 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 VII 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 valuc Oct 3 2006 16:35 FROM :DEPT OF FINANCIAL SERVICES FAX NO. i 8584874987 Oct. @3 20086 4:58PM P1724 insurance policy made in accordance with the terms of the contract... . [Section 626.9541, Florida Statutes]. COUNT IV 17. The above general allegations are hereby realleged and fully incorporated herein by reference. 18. Onor about January 2004, you, JON KEMPTON KOCHA, or someone in your employ or under your supervision and control, and for whose actions you are responsible, proyided Melinda L. Robinson and/or her firm, Kilday & Associates, with a false insurance certificate, sent via facsimile, which reflected that Brown and Phillips was insured with an Umbrella policy when, in fact, they were not. This bogus insurance exposed Melinda L. Robinson and/or her firm, Perini Building Company, to potential risk and liability. IT IS THEREFORE CHARGED that you, JON KEMPTON KOCHA, have violated or are accountable under one or more of 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) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), 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 626.611(13), Florida Statutes]; 12 Oct 3 2006 16:37 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. @3 2666 84:31PM Pis~24 (4). ‘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]; (e) Unfair methods of competition and unfair or deceptive acts or practices prohibited; penalties.-- No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 626.951 or s. 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance. [Section 626.9521, Florida Statutes]; () | UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS.--The following are defined as unfair methods of competition and unfair or deceptive acts or practices: ... False information and advertising generally.--Knowingly making, publishing, disseminating, circulating, or placing before the public, ot causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public: 1. Ina newspaper, magazine, or other publication, 2. In the form of a notice, circular, pamphlet, letter, or poster, 3. Over any radio or television station, or 4, In any other way, ... an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance, which is untrue, deceptive, or misleading. false statements and entries. Knowingly: Oct 3 2006 16:37 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 63 2666 84:31PM Pig-ved 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... . Illegal dealings in premiums; excess or reduced charges for insurance.-- 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... . 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; ot, 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 14 Oct 3 2006 16:37 FROM :DEPT OF FINANCIAL SERVICES FAX NO. :8584874907 Oct. @3 2006 B4:31PM Poa-24 insurance policy made in accordance with the terms of the contract .... [Section 626.9541, Florida Statutes]. WHEREFORE, you, JON KEMPTON KOCHA, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appointments as an insurarice 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 120.37, 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 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 Oct 3 2006 16:38 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. @3 2666 84:32PM Pel~24 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 atiendance 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 ghall be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an adininistrative proceeding. Any request for an Oct 3 2006 16:38 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 63 2666 84:32PM Peeved administrative procecding 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 3/$Z_ day of hug fas l , 2006. «. a wy pa vA KAREN CHANDLER Deputy Chief Financial Officer 17 Oct 3 2006 16:38 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 83 2666 84:32PM Pea-e4 CERTIFICATE OF SERVICE IHEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: JON KEMPTON KOCHA, FED USA, 11566 Buckhaven Lane, West Palm Beach, FL 33412-1607; JON KEMPTON KOCHA, 13700 U § Highway One, Suite #102, Juno Beach, FL 33408-1600 by Certified Mail this 3/ <7 day of 71 iet 6 st , 2006. Ape (i. a [bm ett ld > ao Dickson E. Kesler““” Es Division of Legal Sers ies Department of Financial Services Suite $-225, Hurston Bldg. 400 W. Robinson St. Orlando, Florida 32801 (407) 835-4409 Phone (407) 317-7217 Fax Florida Bar Number 0884952 18

Docket for Case No: 06-003760PL