Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: ALBERTA MITCHELL
Judges: LINDA M. RIGOT
Agency: Department of Financial Services
Locations: Lauderdale Lakes, Florida
Filed: Oct. 23, 2006
Status: Closed
Recommended Order on Tuesday, July 10, 2007.
Latest Update: Sep. 17, 2007
Summary: Petitioner failed to offer clear and convincing evidence that Respondent engaged in the practice of "sliding" when selling auto insurance and ancillary products.
Oct 23 2006 8:52
FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 23 2666 88:46AM P3
DEPARTMENT OF
FINANCIAL SERVICES FILED
TOM GALLAGHER
CHIEF FINANCIAL OFFICER AUG 8 2006
STATE OF FLORIDA
Dooksied by sees
IN THE MATTER OF: m,
CASE NO.: 84545-06-AG
ALBERTA MITCHELL
ADMINISTRATIVE COMPLAINT
TO: ALBERTA MITCHELL
114 Royal Park Drive, Apt. 4C
Fort Lauderdale, Florida 33309
ALBERTA MITCHELL
c/o Florida No Fault
3900 West Commercial Blvd., Suite 100
Tamarac, Florida 33309
You, ALBERTA MITCHELL, 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 and as a result of which it is alleged:
GENERAL ALLEGATIONS
1. Pursuant to Chapter 626, Florida Statutes, you, ALBERTA MITCHELL,
currently are licensed in this state as a life including variable annuity (2-14), life (2-16), and
general lines (2-20) agent, and were so licensed at all times relevant to the dates and occurrences
referenced herein. Your license identification number is A181022.
2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial
Services (hereinafier referred to as the “Department”) has jurisdiction over your licenses and
appointments,
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3. At all times relevant to the dates and occurrences referenced herein you,
ALBERTA MITCHELL were employed or affiliated with Direct General Insurance Agency,
Inc., a Tennessee corporation, doing business in Florida as Florida No Fault.
COUNT I
4, The above General Allegations are hereby realleged and fully incorporated herein
by refercnce.
5. On or about January 26, 2005, you, ALBERTA MITCHELL, sold Shundria
Williams Term Life Insurance without her informed consent.
IT 18 THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are
accountable under one or moré of the following provisions of the Florida Insurance Code, which
constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this
state:
(a) No person shall transact insurance in this state, or relative to a subject of
insurance resident, located, or to be performed in this state, without complying with the
applicable provisions of this code. [Section 624.11(1), Florida Statutes}.
(b) If the license or appointment is willfully used, or to be used, to circumvent any of
the requirements or prohibitions of this code, [Section 626.61 1(4), Florida Statutes].
(c) Nemonstrated lack of fitness or trustworthiness to engage in the business of
insurance. [Section 626.611(7), Florida Statutes].
(d) Fraudulent or dishonest practices in the conduct of business under the license or
appointment. [Section 626.611(9), Florida Statutes].
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4
(e) Willful failure to comply with, or willful violation of, any proper order or rule of
the department, commission, or office or willful violation of any provision of this code. [Section
626,611(13), Florida Statutes]. |
(f) 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].
(g) Violation of any lawful order or rule of the department, commission, or office.
[Section 626.621(3), Florida Statutes].
(h) 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 TX 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],
(i) 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(1), Florida Statutes].
(j) Representing to the applicant that a specific ancillary coverage or product is
required by law in conjunction with the purchase of insurance when such coverage or product is
not required. [Section 626.9541(1)(z)1., Florida Statutes].
(k) 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.
[Section 626.9541(1)(z)2., Florida Statutes]
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(1) Charging an applicant for a specific ancillary coverage or product, in addition to
the cost ofthe insurance coverage applied for, without the informed consent of the applicant.
[Section 626.9541(1)(z)3., Florida Statutes]. |
COUNT II
6. The above General Allegations are hereby realleged and fully incorporated herein
by reference.
7. On or about January 26, 2005, you, ALBERTA MITCHELL, sold Shundria
Williams an Accident Medical Protection Plan without her informed consent.
IT IS THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are
accountable under one or more of the following provisions of the Florida Insurance Code, which
constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this
state:
(a) Sections 624.11(1), 626.611(4), 626.611(7), 626.61 1(9), 626.611(13), 626.621(2),
626,621(3), 626.621(6), 626.9521(1), 626.9541(1)(z)1., 626.9541(1)(z)2., and 626.9541(1)(z)3.,
Plorida Statutes, which are more fully set forth in Count T above and fully incorporated herein by
reference,
COUNT III
8. The above General Allegations are hereby realleged and fully incorporated herein
by reference.
9 On or about January 26, 2005, you, ALBERTA MITCHELL, sold Shundria
Williams a Travel Protection Plan without her informed consent.
IT IS THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are
accountable under one or more of the following provisions of the Florida Insurance Code, which
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constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this
state:
(a) Sections 624.11(1), 626.611(4), 626.611(7), 626.611(9), 626.611(13), 626.621(2),
626.62 1(3), 626.621(6), 626:9521(1), 626.9541(1)(z)1., 626.9541(1)(z)2., and 626.9541 (1)(z)3.,
Florida Statutes, which are more fully set forth in Count | above and fully incorporated herein by
reference.
COUNT IV
10. The above General Allegations are hereby realleged and fully incorporated herein
by reference.
11. On or about March 21, 2005, you, ALBERTA MITCHELL, sold Nickson Jean
Baptiste Term Life Insurance without his informed consent.
IT IS THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are
accountable under one or more of the following provisions of the Florida Insurance Code, which
constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this
state:
(a) Sections 624.11(1), 626.611(4), 626.611(7), 626.611(9), 626.611(13), 626.621(2),
626.621(3), 626.621(6), 626.9521(1), 626.9541(1)(2)1., 626.9541 (1)(7)2., and 626.9541(1)(z)3.,
Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by
reference. .
COUNT V
12. The above General Allegations are hereby realleged and fully incorporated herein |
by reference.
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FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 23 2666 88:46AM Pe
13. On or about March 21, 2005, you, ALBERTA MITCHELL, sold Nickson Jean
Baptiste an Accident Medical Protection Plan without his informed consent.
TT 18 THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are
accountable under onc or more of the following provisions of the Florida Insurance Code, which
constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this
state:
(a) Sections 624.11(1), 626.611(4), 626.611(7), 626.611(9), 626.611(13), 626.621(2),
626.621(3), 626.621(6), 626.9521(1), 626.9541(1)(z)1., 626.9541 (1)(z)2., and 626.9541(1)(z)3.,
Florida Statutes, which are more fully sct forth in Count I above and fully incorporated herein by
reference,
COUNT V1
14. The above General Allegations are hereby realleged and fully incorporated herein
by reference.
15. On or about March 21, 2005, you, ALBERTA MITCHELL, sold Nickson Jean
Baptiste a Travel Protection Plan without his informed consent.
IT IS THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are
accountable under one or more of the following provisions of the Florida Insurance Code, which
constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this
state:
(a) Sections 624.11(1), 626.611(4), 626.611(7), 626.611(9), 626.611(13), 626.621(2), :
626.621(3), 626.621(6), 626,9521(1), 626.9541(1)(z)1., 626.9541(1)(z)2., and 626.9541(1)(7)3.,
Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by
reference.
Oct 23 2006 3:54
FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 23 2666 8:46AM Pa
COUNT VII
16. The above General Allegations are hereby realléged and fully incorporated herein
by reference.
17. On or about April 29, 2005, you, ALBERTA MITCHELL, sold Paul Booker an
Accident Medical Protection Plan without his informed consent.
IT I8 THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are
accountable under one or more of the following provisions of the Florida Insurance Code, which
constitutes grounds for the suspension or revocation of your licenses as.an insurance agent in this
state:
(a) Sections 624.11(1), 626.611(4), 626.611(7), 626.61 1(9), 626.611(13), 626.621(2),
626,.621(3), 626.621(6), 626,9521(1), 626.9541(1)(z)1., 626.9541(1)(z)2., and 626.9541 (1)(z)3.,
Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by
reference.
COUNT VIN
18. The above General Allegations are hereby realleged and fully incorporated herein
by reference,
19, On or about April 29, 2005, you, ALBERTA MITCHELL, sold Paul Booker
Travel Protection Plan without his informed consent.
IT IS THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are
accountable under one ot more of the following provisions of the Florida Insurance Code, which
constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this
State:
Oct 23 2006 3:54
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(a) Sections 624.11(1), 626.611(4), 626.611(7), 626.611(9), 626.611(13), 626.621(2),
626.621(3), 626.621(6), 626,9521(1), 626.9541(1)(z)1., 626.9541(1)(z)2., and 626.9541(1)(z)3.,
Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by
reference.
COUNT IX
40. The above General Allegations are hereby realleged and fully incorporated hercin
by reference.
21. Onor about April 30, 2005, you, ALBERTA MITCHELL, sold Antoinette
Murray a Travel Protection Plan without her informed consent.
IT IS THEREFORE CHARGED that you, ALBERTA MITCHELL, have violated or are
accountable under one or more of the following provisions of the Florida Insurance Code, which
constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this
state:
(a) Sections 624.11(1), 626.611(4), 626.611(7), 626.611(9), 626.611(13), 626.621(2),
626.621(3), 626,621(6), 626,9521(1), 626.9541(1)(z)1., 626.9541(1)(z)2., and 626.9541(1)(z)3.,
Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by
reference,
WHEREFORE, you, ALBERTA MITCHELL, are hercby notified that the Chief
Financial Officer intends to enter an Order suspending or revoking your licenses and
appoiittments as an Insurance agent, or to impose such penalties as may be provided under the
provisions of Sections 624.15, 626.611, 626.621, 626.681, 626.691, and 626.9521, Morida
Statutes, and under the other referenced sections of the Florida Statutes as set out in this
Administrative Complaint and under the provisions of Rule 69B-231, Florida Administrative
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Code. 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, Mlorida
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
the attached Election of Proceeding form conforms to these requirements. Specilically, 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,
9
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:
(c) A reference to the notice, order to show cause, administrative complaint, or other
communication that the party has received from the agency.
if a hearing of any type is requested, you have the right to be represented by counsel or
other qualified representutive 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 notmally 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 admini strative law judge of the Division of
Administrative Hearings. Unless the majority of witnesses are located elsewhere, the
Department will request that the heating 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 sct out above.
10
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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.
DA'TED and SIGNED tris Spd day LL MG Uanr J _,2006.
a i %
et
KAREN CHANDLER
Deputy Chief Financial Officer
11
Oct 23 2006 3:56
FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 23 2666 BS:58AM P14
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE
COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to;
ALBERTA MITCHELL
114 Royal Park Drive, Apt. 4C
Fort Lauderdale, Florida 33309-6535
ALBERTA MITCIIELL
c/o Horida No Fault
3900 West Commercial Blvd., Suite 100
Tamarac, Florida 33309-3318
by Certified Mail ini “Sal ay of 2006.
Greg S.
Florida Department of Financial Services
Division of Legal Services
200 East Gaines St.
612 Larson Building
‘Tallahassee, Mlorida 32399-0333
(850) 413-4180
Florida Bar Number 131369
Docket for Case No: 06-004125PL
Issue Date |
Proceedings |
Sep. 17, 2007 |
Final Order filed.
|
Jul. 10, 2007 |
Recommended Order (hearing held March 23, 2007). CASE CLOSED.
|
Jul. 10, 2007 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
Jun. 05, 2007 |
Petitioner`s Proposed Recommended Order filed.
|
Jun. 05, 2007 |
Respondent`s Proposed Recommended Order filed.
|
May 22, 2007 |
Order Granting Extension of Time (Proposed Recommended Orders to be filed by June 5, 2007).
|
May 21, 2007 |
Joint Motion for Extension of Time to File Porposed Recommended Orders filed.
|
May 07, 2007 |
Transcript filed. |
Mar. 27, 2007 |
Petitioner`s Notice of Filing of Petitioner`s Exhibit 13 (exhibit not available for viewing) filed.
|
Mar. 23, 2007 |
CASE STATUS: Hearing Held. |
Mar. 22, 2007 |
Notice of Appearance (filed by M. Rothschild).
|
Mar. 22, 2007 |
Final Hearing Exhibit List (exhibits not available for viewing) filed.
|
Mar. 19, 2007 |
Notice of Taking Deposition filed.
|
Mar. 14, 2007 |
Notice of Transfer.
|
Mar. 14, 2007 |
Direct General Insurance Agency, Inc.`s Priviledge Log in Response to the February 21, 2007, Subpoena Duces Tecum filed.
|
Mar. 08, 2007 |
Pre-hearing Stipulation filed.
|
Mar. 05, 2007 |
Petitioner`s Notice of Filing of Exhibits filed.
|
Feb. 22, 2007 |
Notice of Taking Deposition Duces Tecum filed.
|
Feb. 21, 2007 |
Notice of Taking Deposition Duces Tecum filed.
|
Jan. 23, 2007 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for March 23, 2007; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Jan. 19, 2007 |
Joint Motion to Re-Scheduling Final Hearing filed.
|
Jan. 02, 2007 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 8, 2007; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Dec. 18, 2006 |
Motion for Continuance filed.
|
Dec. 18, 2006 |
Order Granting Motion to Amend Administrative Complaint.
|
Dec. 15, 2006 |
Motion to Amend Administrative Complaint filed.
|
Dec. 07, 2006 |
Petitioner`s Notice of Method of Recording Testimony at Final Hearing filed.
|
Nov. 30, 2006 |
Notice of Taking Deposition (of B. Keegan) filed.
|
Nov. 30, 2006 |
Notice of Taking Deposition (of P. Booker) filed.
|
Nov. 30, 2006 |
Notice of Taking Deposition (of N. Bapitiste) filed.
|
Nov. 30, 2006 |
Notice of Taking Deposition (of S. Williams) filed.
|
Nov. 30, 2006 |
Notice of Taking Deposition (of A. Murray) filed.
|
Nov. 28, 2006 |
Notice of Service of Subpoena Duces Tecum on Non-party filed.
|
Nov. 28, 2006 |
Notice of Taking Deposition (A. Mitchell) filed.
|
Oct. 30, 2006 |
Order of Pre-hearing Instructions.
|
Oct. 30, 2006 |
Notice of Hearing by Video Teleconference (hearing set for January 5, 2007; 9:30 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Oct. 26, 2006 |
Joint Response to Initial Order filed.
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Oct. 26, 2006 |
Notice of Appearance (filed by W. Kitchen).
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Oct. 23, 2006 |
Initial Order.
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Oct. 23, 2006 |
Petition for Administrative Hearing filed.
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Oct. 23, 2006 |
Administrative Complaint filed.
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Oct. 23, 2006 |
Agency referral filed.
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Orders for Case No: 06-004125PL
Issue Date |
Document |
Summary |
Sep. 13, 2007 |
Agency Final Order
|
|
Jul. 10, 2007 |
Recommended Order
|
Petitioner failed to offer clear and convincing evidence that Respondent engaged in the practice of "sliding" when selling auto insurance and ancillary products.
|