mn FLORIDA O10! | FINANCIAL SERVICES FILED TOM GALLAGHER CHIEF FINANCIAL OFFICER STATE OF FLORIDA ea 8 2nn5 | poxtsios np, EDP IN THE MATTER OF JOHN HERBERT STENGEL CASE NO: 79156-04-AG / FINAL ORDER THIS CAUSE came on for consideration and final agency action. On December 21, 2004, the Florida Department of Financial Services (hereinafter referred to as the "DEPARTMENT") filed an Administrative Complaint, seeking to discipline the licensure of Respondent, JOHN HERBERT STENGEL (hereinafter sometimes referred to as the "RESPONDENT"), as an insurance agent for pleading guilty to a felony while so licensed. Respondent timely requested a proceeding pursuant to Section 120,57(2), Florida Statutes, and the matter was referred to Lesley Mendelson, a duly appointed Hearing Officer for the Department of Financial Services. Pursuant to notice and the grounds set forth in the Department's Administrative Complaint, the matter was heard before the Hearing Officer on March 29, 2005, in Tallahassee, Florida. After consideration of the evidence, and argument presented, the Hearing Officer issued her Written Report and Recommended Order {attached hereto as Exhibit A). The Hearing : Le Ges — HH) Officer recommended the Department enter a Final Order suspending Respondent's license and eligibility for licensure as an insurance agent in this state for a period of three (3) months. Therefore, upon careful consideration of the entire record, the submission of the parties and being otherwise fully advised in the premises, it is hereby ORDERED: 1. So as to correct a typographical error in Finding of Fact #8 of the Written Report and Recommended Order, the reference to "Mr, Burke" is corrected to read "Mr. Stengel". | 2. Except for the correction referenced above, the Findings of Fact of the Hearing Officer are adopted in full as the Department’s Findings of Fact. . 3. In order to correct a typographical error in Conclusion of Law #3, last sentence, of the Written Report and Recommended Order, the word "procedure" is corrected to read "proceeding". 4. Except for the correction referenced above, the Conclusions of Law of the Hearing Officer are adopted in full as the Department's Conclusions of Law. . 5, The Hearing Officer’s recommendation that the Respondent’s license and eligibility for licensure be suspended for a period of three (3) months is ACCEPTED as being the appropriate disposition of this case. ACCORDINGLY, the license(s) and eligibility for licensure of the Respondent, JOHN’ ‘HERBERT STENGEL, as an insurance agent in this state are hereby SUSPENDED for a period of- three (3) months beginning ten (10) calendar days from the entry of this Final Order. Pursuant to _ Section 626.651, Florida Statutes, the suspension of Respondent’ icense(s) and eligibility for Code. Pursuant to Section 626.641, Florida Statutes, the Respondent shall not engage in or attempt or profess to engage in any transaction or.business for which a license or appointment is required under the Insurance Code or directly or indirectly own, control, or be employed in any manner by any insurance agent or agency or adjuster or adjusting firm during the period of suspension. Pursuant to Section 626.641(1), Florida Statutes, Respondent's licensure shall not be reinstated except upon request for such reinstatement, and the Respondent shall not engage in the transaction of insurance until his licensure is reinstated. The Department shall not grant reinstatement if it finds that the circumstance or circumstances for which the Respondent's licenses were suspended still exist or are likely to recur. NOTICE OF RIGHTS Any party to these proceedings adversely affected by this Order is entitled to seek review of this Order pursuant to Section 120.68, Florida Statutes, and Rule 9.110, Florida Rules of | Appellate Procedure. Review proceedings must be instituted by filing a petition or notice of appeal with the General Counsel, acting as the agency clerk, at 612 Larson Building, Tallahassee, Florida 32399-0333, and a copy of the same with the appropriate District Court of Appeal within thirty (30) days of rendition of this Order. Z al Th DONE and ORDERED this fo day of 2005. fro. Copies furnished to: John Herbert Stengel P. O. Box 22-0046 Hollywood, FL 33022-0046 Steven R. Reininger, Esquire Rasco, Reininger, Perez & Esquenezi, P. L. 283 Catalonia Avenue Coral Gables, FL 33134-6700 Lesley Mendelson, Esquire Hearing Officer Department of Financial Services 612 Larson Building 200 East Gaines Street Tallahassee, FL 32399-0333 Bruce Pelham, Esquire Department of Financial Services Division of Legal Services 200 East Gaines Street Tallahassee, FL 32399-0333

Docket for Case No: 07-000917