FLORIDA DEPARTMENT OF rey i EP + ste! FINANCIAL SERVICES, 012 PHT ey TOM GALLAGHER (DIVISION OF CHIEF FINANCIAL OFFICER ADMINISTR ATIVE STATE OF FLORIDA ; HEARINGS © DEC 21 2006 IN THE MATTER OF: ' Docketed by: Bee CASE NO.: 88350-06-AG ' OT-O1F0PL ADMINISTRATIVE COMPLAINT PROVIDENT TITLE COMPANY, INC. PROVIDENT TITLE COMPANY, INC. 1975 E Sunrise Bivd., Suite 711 Fort Lauderdale, FL 33304 You, PROVIDENT TITLE COMPANY, INC., are hereby notified that, pursuant to Chapter 626, Florida Statutes, the Chief Financial Officer of the State of Florida has caused to be made an investigation of your activities while licensed as:a Title Insurance Agency in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1, Pursuant to Chapter 626, Florida Statutes, you, PROVIDENT TITLE COMPANY, INC., are currently licensed in this state as a Title Insurance Agency.(4-12), license ILD. #D062987. . Oe . 2. At all times pertinent to the dates and occurrences referred to herein, you, PROVIDENT TITLE COMPANY, INC., were licensed in this state as a Title Insurance Agency. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (hereinafter referred to as the “Department”), has jurisdiction over your Title Insurance Agency license and appointments. COUNT I 4. The above general allegations are hereby realleged and fully incorporated herein by reference. ; 5. Section 624.501(27)(e)(2), Florida Statutes, requires licensed title agencies to remit an administrative surcharge in the amount of TWO HUNDRED AND 00/100 ($200.00) DOLLARS to the Department on or before January 30 of each calendar year. 6. On January 3, 2006, the Department issued a written notice to you, PROVIDENT TITLE COMPANY, INC., 1975 E Sunrise Blvd., Suite 711, Fort Lauderdale, FL, 33304, requesting payment of the required administrative surcharge. 7. On April 4, 2006, the Department issued a second written notice to you, PROVIDENT TITLE COMPANY, INC., 1975 E Sunrise Blvd., Suite 711, Fort Lauderdale, FL, 33304, requesting payment of the required administrative surcharge. 8. You, PROVIDENT TITLE COMPANY, INC., failed to respond to either of the Department’s notices, and as a result thereof, on May 2, 2006, the Department offered to you, PROVIDENT TITLE COMPANY, INC., a Settlement Stipulation for Consent Order relating to your alleged violation of Section 624.501(27)(e)(2), Florida Statues. 9. As of November 20, 2006, you, PROVIDENT TITLE COMPANY, INC., have failed to respond to said Settlement Stipulation for Consent Order, and have failed to remit the _ Tequired administrative surcharge assessed by the Department. IT IS THEREFORE CHARGED that you, PROVIDENT TITLE COMPANY, INC., 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) Failure to remit to the Department an administrative surcharge of $200.00 on or before January 30 of each calendar year. [Section 624.501(27)(e)(2), Florida Statutes]; (b) = 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 act. [Section 626.8437(9), Florida Statutes]; (c) Violation of any provision of this act in the course of dealing under the license or appointment. [Section 626.844(2), Florida Statutes]; (d) Violation of any lawful ordet or rule of the Department. [Section 626.844(3), Florida Statutes]. WHEREFORE, you, PROVIDENT TITLE COMPANY, INC., are hereby notified that the Chief Financial Officer intends to enter an order suspending or revoking your licenses and appointments as a Title Insurance Agency or to impose such penalties as may be provided under the provisions of Sections 624.310, 626.551, 626.8437, 626.844, 626.8457, and 626.846, 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 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. 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. If a hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. If a proceeding is requested and there is no dispute of material fact, the provisions of .,. Section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral.or.written .... evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department has relied. While a hearing is normally not required in - the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. However, if you dispute material facts which are the basis for the Department’s action, you must request an adversarial proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes. These proceedings are held before a State administrative law judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall operate as‘a valid request for an administrative proceeding. Any request for an administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. Mediation of this matter pursuant to Section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has. been received by the Department of Financial Services. tt DATED and SIGNED this _// day of DDecen ber , 2006. hore (a sablr KAREN CHANDLER Deputy Chief Financial Officer CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: Provident Title Company, Inc., 1975 E Sunrise Blvd., Suite 711, Fort Lauderdale, FL 33304; STEPHEN J. ALLOCCO P.A., C/O Stephen J. Allocco, Esq., 5079 N..Dixie Highway # 317, Oakland Park, FL 33334-4000, by Certified Mail this il a day of bor , 2006. A bbeaigH. Le fh William W. Tharpe, Jr. Florida Bar Number: 0312411 Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 Phone: (850) 413-4110 SE... Fax: (850) 487-4907

Docket for Case No: 07-000190