May 11 200? 9:29 FROM :DEPT OF FINANCIAL SERVICES FAX NO. :8584874987 May. 11 288? BE:27AM PS FLORIDA __ FINANCIAL : SERVIC FILED MAY 9. 2007 ALEX SINK CINEF FINANCIAL OFFICER ; ° STATE OF FLORIDA Diibiiewd Dy: SOS IN THE MATTER OF: CASE NO,: 80653-07-AG MITCHELL HUNTER / ADMINISTRATIVE COMPLAINT TO: MITCHELL HUNTER 700.N.W. 107" Avenue Plantation, FL 33324 MITCHELL HUNTER, 1835 8. Perimeter Road, Suite 165 Fort Lauderdale, FL 33309 You, MITCHELL HUNTER, 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, MITCHELL HUNTER, currently are licensed in this state as a life including variable annuity, life including variable annuity and health, life, life and health; and health agent, and were so licensed at all times relevant to the dates and occurrences referenced herein. Your license identification number is D042041. FROM :DEPT OF FINANCIAL SERVICES FAX NO. May 11 200? 9:29 : 2804874907 May. 11 2007 Be:Z7AM Pd 2, Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (hereinafter referred to as the “Department”) has jurisdiction over your licenses, appointments, and your eligibility for licensure. 3. At all times relevant to the dates and occurrences referenced herein you, MITCHELL HUNTER, were employed or affiliated with The South Florida Insurance Group, Inc., located at 1835 8. Perimeter Road, Suite 165, Ft, Lauderdale, FL 33309. COUNT I 4. The above General Allegations are hereby realleged and fully incorporated herein by reference, 5. On or about April 23, 2003, you, MITCHELL HUNTER, went to the residence of N. J., ostensibly to discuss with her the status of her home health care policy with Conseco, which you had advised N, J. was going into bankruptcy. 6. After giving N. J. assurances about her Conseco policy, and advising her to retain this policy, you inquired about her financial circumstances and were advised by her as to her insurance and other financial holdings. 7. You, MITCHELL HUNTER, then persuaded N. J. to liquidate certain of her insurance and financial holdings and to replace them with other insurance holdings, for which you, MITCHELL HUNTER, eared commissions. 8. | You, MITCHELL HUNTER, were explicitly instructed by N. J. to leave, untouched, her Schwab One® Trust Account, In direct contravention of this instruction; you, MITCHELL HUNTER, caused the complete liquidation of this investment account, valued at approximately Two Hundred Fifty Thousand Dollars ($250,000.00), and caused the proceeds to be used to make an FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. May 11 200? 9:29 11 2867 BB:27AM PS initial premium payment on an annuity contract with AmerUs Annuity Group Co., for which you MITCHELL HUNTER, and/or The South Florida Insurance Group, Inc., earned a commission of approximately Twenty-nine Thousand Dollars ($29,000.00). IT I8 THEREFORE CHARGED that you, MITCHELL HUNTER, have violated or are accountable under one or more of the fol lowing 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) —- Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such policy or contract, done cither in person or by any form of dissemination of information or advertising. [Section 626.611(5), Florida Statutes]. (c) 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]. (e) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license or appointment. [Section 626.61 1(10), Florida Statutes]. May 11 200? 9:30 6 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 11 266? @8:28AM A . (f) Willful failure to comply with, or willful violation of, any proper order or tule of the department, commission, or office or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]. (g) _ 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), Flotida Statutes]. | WHEREFORE, you, MITCHELL HUN TER, 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 penaltics as may be provided under the provisions of Sections 626.611,.626.621, 626.681, 626.691, and 626,692, 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 698-231, 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 fotm 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 May 11 200? 9:30 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 11 2687 B8:26AM Pr 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 Adininistrative 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 Gf any) of the respondent (for the purpose of requesting a hearing in this matter, you are the “respondent"), (b) The name, address, ielephone number, facsimile number of the attomey or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. (¢) 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, (e) 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- FROM :DEPT OF FINANCIAL SERVICES FAX NO. May 11 200? 9:30 1858437498? 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’ saction, you must request an adversarial Proceeding pursuant to Sections 120.569 and 120. 27(1), Florida Statutes, These proceedin gs are held before a State Administrative Law Judge of the Division of Administrative Hearings. Unless the inajority 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 opetate 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 timel y 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. May. 11 2887 6:26AM Po May 11 200? 9:31 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? May. 11 2687 Be:29RM Po 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: MITCHELL HUNTER 700 N.W. 107" Avenue Plantation, FL 33324 MITCHELL HUNTER 1835 §. Perimeter Road, Suite 165 Fort Lauderdale, FL 33309 3 "2 by Certified Mail this day of May, 2007, Loaf. 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: 07-002126PL