FLORIDA fa = 7320 SERVICES ALEX SINK : : CHIEF FINANCIAL OFFICER F l L E D STATE OF FLORIDA APR 20 2007 IN THE MATTER OF: Dooketea py: CL CASE NO. 85729-07-AG * JAMILET TRIMINO ADMINISTRATIVE COMPLAINT TO: JAMILET TRIMINO = 5221 SW 87" Avenue = Ty Miami, Florida 33165 — = JAMILET TRIMINO CT 9555 N. Kendall Drive, Ste. 101 Peery Miami, Florida 33176 = aS You, JAMILET TRIMINO, 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 an insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. You, JAMILET TRIMINO, are currently licensed in the state as a life and variable annuity agent; general lines insurance agent and health insurance agent. 2. At all time pertinent to the dates and occurrences referred to in this Administrative Complaint you, JAMILET TRIMINO, were licensed as an insurance agent in this state. 3. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint, you, JAMILET TRIMINO, were an officer and director of First Capital Title Insurance, Inc., a Florida incorporated title insurance agency. Pursuant to Sections 626.734 and 626.8411(1)(a), Florida Statutes, you, JAMILET TRIMINO, are personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any provisions of the Insurance Code committed by either you or anyone else under your direct supervision and control while acting on behalf of the corporation. 4. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint all escrow funds received by you, JAMILET TRIMINO, and First Capital Title Insurance, Inc., pursuant to Section 626.561 and 626.8473, Florida Statutes, from consumers or on behalf of consumers were trust funds received in a fiduciary capacity and were the property of the person entitled thereto. COUNT I 5. Paragraphs one through four are realleged and incorporated herein by reference. 6. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint, a contract was in effect between First Capital Title Insurance, Inc., and Attorneys Title Insurance Fund, Inc., ( hereinafter the “FUND”), a title insurance company. Pursuant to the contract, First Capital Title Insurance, Inc., agreed to indemnify the Fund against . any and all loss, cost or damage which the Fund may sustain or become liable for on account of the failure of First Capital Title, Inc., to comply with the terms of the contract and on any losses or claims that the Fund may be subjected to by First Capital Title, Inc.’s inability to account for funds entrusted to it by others. 7. An audit of First Capital Title Inc’s., escrow account with the Fund revealed a shortage owed by First Capital Title, Inc., of $478,253.17. 8. These funds represent escrow funds received from others to be subsequently disbursed by the title insurance agent in connection with real estate closing transactions. You, JAMILET TRIMINO, and First Capital Title Insurance, Inc., failed to disburse, remit or otherwise to account for the funds to anyone so entitled. 9. The above-mentioned funds represented trust funds received by you, JAMILET TRIMINO, and First Capital Title Insurance, Inc., in a fiduciary capacity. 10. You, JAMILET TRIMINO, have converted, misappropriated, or wrongfully withheld fiduciary funds belonging to others. 11. The Fund has indemnified all persons so entitled from its own resources from any and all losses and claims due to your failure to account for the escrow funds and now stands in the place of the persons originally entitled. Demand has been made by the Fund for the remittal of the funds, but you, JAMILET TRIMINO, and First Capital Title Insurance, Inc., have refused to remit the funds owed to the Fund to account for the shortage. As a result, the Fund has suffered a financial loss. IT IS THEREFORE CHARGED that you, JAMILET TRIMINO, 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 insurance licenses and eligibility for licensure: (a) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course 3 of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. [Section 626.561(1), Florida Statutes]; | (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (c) 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. [Section 626.611(10), Florida Statutes]; (d) Failure or refusal, upon demand, to pay over to any insurer he represents or has represented any money coming into his hands belonging to the insurer. [Section 626.621(4), Florida Statutes]. WHEREFORE, you, JAMILET TRIMINO, 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, 626.692, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. 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 4 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. (e) A statement including the file number to the administrative complaint. 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. Nal < DATED and SIGNED this_ 20° day of Nori | , 2007. KAREN CHANDLER Deputy Chief Financial Officer bse S an - or re > - ws CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint was mailed by certified mail to: JAMILET TRIMINO, 5221 SW 87" Avenue, Miami, FL 33165; and to JAMILET TRIMINO, 9555 N. Kendall Drive, Ste. 101, Miami, FL 33176 on this ZO day of April, 2007 \ JAMES A. BOSSART, ESQUIRE vision of Legal Services 612 Larson Building Tallahassee, FL 32399-0333 (850) 413-4124 Ens A Av LOU

Docket for Case No: 07-002201PL