FLORIDA .) FINANCIAL SERVICES ALEX SINK CHIEF FINANCIAL OFFICER STATE OF FLORIDA IN THE MATTER OF: Oocketed wy dh CASE NO.: 88974-07-AG om NAVARRO / 0 7 _ | oP (_ ADMINISTRATIVE COMPLAINT TO: YAMILET NAVARRO c/o Charles Grimsley, Esq. 2421 Southwest 29" Way Fort Lauderdale, Florida 33312-4716 You, YAMILET NAVARRO, 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, YAMILET NAVARRO, currently are licensed in this state as a general lines agent, and were so licensed at all times relevant to the dates and occurrences referenced herein. Your license identification number is A189802. 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (hereinafter referred to as the “Department” has jurisdiction over your license and your eligibility for licensure and appointment. 3. At all times relevant to the dates and occurrences referenced herein you, YAMILET NAVARRO, were employed or affiliated with Credit Guard of Florida, Inc., a corporation, doing business in Florida. COUNTI 4. The above General Allegations are hereby realleged and fully incorporated herein by reference. . 5. On or about May 16, 2005, you, YAMILET NAVARRO, executed an Affidavit of Coverage for Alain Enriquez. 6. In the Affidavit of Coverage, you, YAMILET NAVARRO, stated, under oath, that consumer Alain Enriquez was insured under an automobile insurance policy issued by Fidelity National Insurance Company from May 31, 2000, through May, 2001. 7. You also represented in the affidavit that you were the insurance agent for Alain Enriquez, and that the agency servicing the policy was Unistar Insurance located at 13770 SW 42ND Street, Miami, Florida 33175. You further represented in the Affidavit of Coverage that “...said vehicle has never been without insurance coverage...” 8. Fidelity National Insurance Company was ordered into liquidation on March 15, 1999, and all active policies were cancelled as of 11:59 p.m. on April 14, 1999. 9. There is no insurance agency located at 13770 SW 42™ Street in Miami, Florida. There has never been an insurance agency located at 13770 SW 42" Street in Miami, Florida. IT IS THEREFORE CHARGED that you, YAMILET NAVARRO, 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) 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) 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] (d) In the 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. [Section 626.621 (6), Florida Statutes] (e) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or-any order or rule of the department, commission, or office. [Section 626.621(12), Florida Statutes] (6a) Knowingly making, publishing, disseminating, circulating, delivering to any person, placing before the public, causing, directly or indirectly, to be made , published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement. [Section 626.9541(1)(e)1-b, 626.9541(1)(e)1.c, 626.9541(1)(e)1.d, 626.9541(1)(e)1.e, Florida Statutes] (g) Knowingly make any false entry of a material fact in any book, report, or statement of any person, or knowingly omitting to make a true entry of any material fact pertaining to the business of such person in any book, report, or statement of such person. [Section.626.9541(e)2., Florida Statutes] COUNT I 10. | The above General Allegations and paragraphs four (4) through eight (8) are hereby realleged and fully incorporated herein by reference. 11. On or about June 7, 2005, you, YAMILET NAVARRO, executed a second Affidavit of Coverage for Alain Enriquez. 12. In the second Affidavit of Coverage, you, YAMILET NAVARRO, stated, under oath, that consumer Alain Enriquez was insured under an automobile insurance policy issued by . Fidelity National Insurance Company from May 31, 2000, through May 2001. 13. You also represented in the second affidavit that you were the insurance agent for . Alain Enriquez, and that the agency servicing the policy was Unistar Insurance located at 13770 SW 42" Street, Miami, Florida. You further represented in the Affidavit of Coverage that “...said vehicle has never been without insurance coverage...” 14. Fidelity National Insurance Company was ordered into liquidation on March 15, 1999, and all active policies were cancelled as of 11:59 p.m. on April 14, 1999. 15. . There is no insurance agency located at 13770 SW 42" Street in Miami, Florida. There has never been an insurance agency located at 13770 SW 42" Street in Miami, Florida. IT IS THEREFORE CHARGED that you, YAMILET NAVARRO, 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 626.11(7), 626.611(8), 626.621(2), 626.621(6), 626.621(12), 626.9541(1)(e)1.b, 626.9541(1)(e)1.c, 626.9541(1)(e)1.d, 626.9541(1)(e)L.e, and 626.9541(1)(e)2., Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference. WHEREFORE, you, YAMILET NAVARRO, 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 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 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 of Financial Services ("Department") pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-106, 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 acting as 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 SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST YOU. : If you request a proceeding, you must provide information that complies with the requirements of Rule 28-106.2015, 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, address, and telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent". (b) The name, address, telephone number, facsimile number of the attorney or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. (c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. (d) A statement of when the respondent received notice of the administrative complaint. (ec) A statement including the file number to the administrative complaint. 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. 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. DATED and SIGNED this AG day of Ww UA , 2007. lal iy Ai. ° rm KAREN CHANDLER Deputy Chief Financial Officer a Bisel “Tl =x ee a “ry s ee) ne) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to: YAMILET NAVARRO, c/o Charles Grimsley, Esq., 2421 Southwest 29" Way, Fort Lauderdale, Florida 33312-4716 by Certified Mail this OO say of L\ rv ty \___, 2007. IVXAAA Gum. § AUTIER KITCHEN orida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4210 Florida Bar Number 689793

Docket for Case No: 07-001882PL