Dec 1 2006 15:04 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec, 61 2646 82:56PM P4-16 i DEPARTMENT OF FINANCIAL SERVICES TOM GALLAGHER , AUG 3 2006 ~ GHIEF FINANCIAL OFFICER STATE OF FLORIDA . IN THE MATTER OF: CASE NO.: 84540-06-AG CECILIA MAUS / ADMINISTRATIVE COMPLAINT TO; CECILIA MAUS 2693 Thomas Street Cottondale, Florida 32431 CECILIA MAUS c/o Insurance Options Plus 4465 Lafayette Street Marianna, Florida 32446 You, CECILIA MAUS, 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, CECILIA MAUS, currently are licensed in this state as a general lines (2-20) agent, At all times relevant to the dates and occurrences referenced herein, you, CECILIA MAUS, were licensed in this state as a customer representative. Your license identification number is E108474, 2. Pursuant 10 Chapler 626, Florida Statutes, the Florida Department of Financial Services (hercinafier referred to as the “Department”) has jurisdiction over your licenses and appointments. Dec 1 2006 15:04 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec, 61 2686 82:57PM PS-16 3. At all times relevant to the dates and occurrences referenced herein you, CECILIA MAUS, were employed or affiliated with Direct General Insurance Agency, Inc, a Tennessee corporation, doing business in Florida as Insurance Options Plus. COUNTI 4, The above General Allegations are hereby realleged and fully incorporated herein by reference, 5. On or about October 29, 2004, you, CECILIA MAUS, sold Marvin Dean an Accident Medical Protection Plan without his informed consent. IT IS THEREFORE CHARGED that you, CECILIA MAUS, have violated or ate 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) | No person shall transact insurance in this state, or relative to a subject of insurance resident, located, ot 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 626.611(4), Florida Statutes]. (¢) Demonstrated 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}. Dec 1 2006 15:05 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec, 61 2686 82:57PM Pe6-16 (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]. (bh) 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 IX 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. 626.95] or 8, 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]. (i) 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] Dec 1 2006 15:05 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec, 61 2646 82:57PM Prel6e () Charging an applicant for a specific ancillary coverage or product, in addition to . the cost of the insurance coverage applied for, without the informed consent of the applicant. [Section 626.9541(1)(z)3., Florida Statutes]. | COUNT I 6. ‘The above General Allegations are hereby realleged and fully incorporated herein by reference, | 7. On or about October 29, 2004, you, CECILIA MAUS, sold Marvin Dean a Travel Protection Plan without bis informed consent. _ IT TS THEREFORE CHARGED that you, CECILIA MAUS, have violated or are accountable undcr one or more of the followin g 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 (D(@)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 It 8. The above General Allegations are hereby realleged and fully incorporated herein by reference. 9. On or about October 29, 2004, you, CECILIA MAUS, sold Marvin Dean Term Life Insurance without his informed consent. IT TS THEREFORE CHARGED that you, CECILIA MAUS, havé violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which Dec 1 2006 15:05 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec, 61 2686 82:57PM Peele 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)(#)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. 10. The above General Allegations are hereby realleged and fully incorporated herein by reference. 11. On or about October 29, 2004, you, CECILIA. MAUS, sold Marvin Dean Term Life Insurance without being properly licensed to sell this product. (a) Sections 624.11(1), 626.611(4), 626.61 1(7), 626.611(13), 626.621(2), 626.621(3), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference, (b) No agent or customer representative shall solicit or otherwise transact as agent of customer representative, or represent or hold himself or herself out to be an agent or customer representative as to, any kind or kinds of insurance as to which he or she is not then licensed and appointed. [Section 626.112(2), Florida Statutes]. COUNT V 12. The above General Allegations are hereby realleged and fully incorporated herein by reference. 13. On or about February 2, 2005, you, CECILIA MAUS, sold Patricia Garcia an Accident Medical Protection Plan without her informed consent. IT 18S THEREFORE CHARGED that you, CECILIA MAUS, 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 624.1 1(1), 626.611(4), 626.61 1(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 VI 14, The above General Allegations are hereby realleged and fully incorporated herein by reference, 15. Onor about February 2, 2005, you, CECILIA MAUS, sold Patricia Garcia a Travel Protection Plan without her informed consent. I'v I8S THEREFORE CHARGED that you, CECILIA MAUS, have violated or are accountable uhder 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 filly set forth in Count | above and fully incorporated herein by reference. Dec 1 2006 15:06 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec. 61 2686 82:58PM Po-16 COUNT VIE . 16. The above General Allegations are hereby realleged and fully incorporated herein by refererice. 17, On or about February 2, 2005, you, CECILIA MAUS, sold Patricia Garcia Term Life Insurance without her informed consent. IT IS THEREFORE CHARGED that you, CECILIA MAUS, 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 yout 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)(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, 18. The above General Allegations are hereby realleged and fully incorporated herein by reference, . 19, On or about February 2, 2005, you, CECILIA MAUS, sold Patricia Garcia Term Life Insurance without being properly licensed to sell this product, (a) Sections 624.11(1), 626.61 1(4), 626.611(7), 626.611(13), 626.621(2), 626.621(3), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein hy reference. - (b) No agent or customer representative shall solicit or otherwise trangact as agent or customer representative, or represent or hold himself or herself out to be an agent or customer. Dec 1 2006 15:06 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec. @1 2686 82:58PM Pie-i6 representative as to, any kind or kinds of insurance as to which he or she is not then licensed and appointed. [Section 626.112(2), Florida Statutes]. COUNT 1X 20. The above General Allegations are hereby realleged and fully incorporated herein by reference. | 21. On or about February 11, 2005, you, CECILIA MAUS, sold Rosaland Harrell an Accident Medical Protection Plan without her informed consent, If 8 THEREFORE CHARGED that you, CECILIA MAUS, 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 fally set forth in Count I above and fully incorporated herein by reference. COUNT X 22, The above General Allegations are hereby realleged and fully incorporated herein by reference. 23, Onor about February 11, 2005, you, CECILIA MAUS, sold Rosaland Harrell a Travel Protection Plan without her informed consent. . IT TS THEREFORE CHARGED that you, CECILIA MAUS, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which Dec 1 2006 15:06 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec. 81 2686 2:59PM P1116 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.. Flotida Statutes, which are more fully set forth in Count | above and fully incorporated herein by reference, COUNT XI] 24. The above General Allegations are hereby realleged and fully incorporated herein by reference, 25. On or about February 11, 2005, you, CECILIA MAUS, sold Rosaland Harrell Term Life Insurance without her informed consent, IT IS THEREFORE CHARGED that you, CECILIA MAUS, 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), 626,62 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, wlich are more fully set forth in Count I above and fully incorporated herein by reference, . _ COUNT XU 26. The above General Allegations are hereby realleged and fully incorporated herein by reference. Dec 1 2006 15:07 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec. 61 2686 82:59PM Pi2-16 27. On or about February 11, 2005, you, CECILIA MAUS, sold Rosaland Harrell Term Life Insurance without being properly licensed to sell this product. (a) Sections 624.11(1), 626.611 (4), 626.611(7), 626.611(13), 626.621(2), 626.621(3), Florida Statutes, which are more fully set forth mm Count I above and fully incorporated herein by reference. | (b) No agent or customer representative shall solicit or otherwise transact as agent or customer representative, or represent or hold himself or herself out to be an agent or customer tepresentative as to, any kind or kinds of insurance as to which he or she is not then licensed and appointed. [Section 626.112(2), Florida Statutes]. WHEREFORE, you, CECILIA MAUS, 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 624.15, 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 and under the provisions of Rule 69B-231, Florida Administrative Code. You are further notified that any order entered in this case revoking ot suspending any license of cligibility for licensure held by you shall also apply to all other licenses and eligibility held by you under tho 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 Ruic 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 10 Dec 1 2006 15:07 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec. 61 26686 2:59PM P1316 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 ri ght 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) 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. 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’ 11 Dec 1 2006 15:08 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec. 61 2666 83:68PM P1416 evidence in. opposition to the action taken by the Department or a written statement challen ging 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 ] 20.569 and 120.57(1), Morida 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 hearitig 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 a8 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 ( Wy, day of LL guste , 2006. KAREN CHANDIER Deputy Chief Financial Officer 12 Dec 1 2006 15:08 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec. 81 2686 83:68PM P1516 CERTIFICATE OF SERVICE THEREBY CERTIFY that a trae and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to: CECILIA MAUS 2693 Thomas Street Cottondale, Florida 32431 CECILIA MAUS c/o Insurance Options 4465 Lafayette Street Marianna, Florida 32446 by Certified Mail tne “Sah day of Uagusz , 2006, Greg 5 4farr 7 Florida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4180 Florida Bar Number 131369

Docket for Case No: 06-004878PL