Aug & 200? 16:40 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 8S 2687 4:42PM Pe FLORIDA FILED DEPARTMENT OF FINANCIAL SERVICES MAY 18 2007 Dé - mie % me ALEX SINK CHIBF FINANCIAL OFFICER STATE OF FLORIDA IN THE MATTER OF: CASE NO.: 82740-07-AG BARBARA ANN GARCIA / ADMINISTRATIVE COMPLAINT TO: BARBARA ANN GARCIA c/o Marlins Insurance, Inc, 850 Southwest 40" Avenue Plantation, Florida 33317 BARBARA ANN GARCIA 5170 Southwest 17" Court Plantation, Florida 33317 You, BARBARA ANN GARCIA, 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, BARBARA ANN GARCIA, currently are licensed in this state as a general lines and health agent, and were so licensed at all times relevant to the dates and occurrences referenced herein. Your license identification number is A093018. 2 Pursuant to Chapter 626, Florida Statutes, the Florida Deparument of Financial Services (hereinafter referred to as the “Department”) has jurisdiction over your licenses and appointments. Aug & 200? 16:40 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 8S 2687 84:45PM PS 3. At all times relevant to the dates and occurrences referenced herein you, BARBARA ANN GARCIA, were employed or affiliated with Marlins Insurance, Inc. (hereinafter "Marlins Insurance"), a general lines insurance agency in Broward County, Florida. 4... Atall times relevant to the dates and occurrences referenced herein you, BARBARA ANN GARCIA, were an officer, director, or stockholder of Marlins Insurance. 5. At all times relevant to the dates and occurrences referenced herein Rose Sanders, an unlicensed individual, was employed with Marlins Insurance and while acting on behalf of the corporation Sanders was under the direct supervision and control of you, BARBARA ANN GARCIA. COUNTI 6. The above General Allegations are hereby realleged and fully incorporated herein by reference. 7. On or about August 23, 2003, Rose Sanders transacted insurance with Evangeline Herdean concerning a commercial property and liability insurance policy underwritten by Scottsdale Insurance Company, by acting as and holding herself out to be an insurance agent without being licensed and appointed, in violation of Section 626.112(1), Florida Statutes, and in violation of Rule 69B-222.060, Florida Administrative Code. 8. You, BARBARA ANN GARCIA, signed the application for this insurance policy, thereby aiding and abetting Sanders transacting insurance without a license. IT 1S THEREFORE CHARGED that you, BARBARA ANN GARCIA, 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: Aug & 200° 16:41 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 8S 2687 84:45PM P4 (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 ofthis code. [Section 624.11(1), Florida Statutes]. (b) If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code. [Section 626.611(4), Florida Statutes]. (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]. (d) Willful failure to comply with, or willful violation of, any proper order or rule of the department, commission, or office or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]. . (e) 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). (f) 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]. (g) Any general lines insurance agent who is an officer, director, or stockholder of an incorporated general lines insurance agency shall remain personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any provisions of this code committed by such licensee or by any person under his or her direct supervision and control while acting on behalf of the corporation. Nothing in this section shall be construed to render any person criminally liable or subject to any disciplinary proceedings for any act unless such person personally committed or. knew Aug & 200° 16:41 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. BS 2687 4:45PM PS or should have known of such act and of the facts constituting a violation of this chapter. [Section 626.734, Florida Statutes]. COUNT If 9. The above General Allegations and the allegations of Count I are hereby realleged and fully incorporated herein by reference. 10, In connection with Rose Sanders transacting insurance as referred to in Paragraph 7, above, Rose Sanders knowingly charged Evangeline Herdean Twenty Thousand Two Hundred Dollars ($20,200.00) as premium for this policy, when the actual premium, and the amount forwarded to Yanoff South, Inc., a wholesale broker for Scottsdale Insurance Company, was Ten Thousand Two Hundred Dollars ($1 0,200.00). Rose Sanders informed you, BARBARA ANN GARCIA, about this Ten Thousand Dollar ($10,000.00) overcharge, 11, You, BARBARA ANN GARCIA, caused or allowed this overpayment to be deposited into the Marlins Insurance bank account and misappropriated or otherwise converted or withheld. IT IS THEREFORE CHARGED that you, BARBARA ANN GARCIA, 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 624,11(1), 626.611(4), 626.611(7), 626.611(13), and 626,621(2), Florida Statutes, which are more fully set forth in Count I above and fully incorporated herein by reference, (b) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes). Aug & 200° 16:41 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 8S 2667 4:44PM Pe (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 or appointment. [Section 626.611(10), Florida Statutes]. (d) —_ All premiums, return premiums, or other funds belonging to insurers or others received by an agent, customer representative, or adjuster in transactions under his or her license are trust funds received by the licensee in a fiduciary capacity. An agent shall keep the funds belonging to cach insurer for which he or she is not appointed, other than a surplus lines insurer, in a separate account so as to allow the department or office to properly audit such funds. The licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. [Section 626.561 (1), Florida Statutes]. WHEREFORE, you, BARBARA ANN GARCTA, 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 626.692, 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 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 cligibility 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, aid must be filed with the Department within twenty-one (21) days of your receipt of this Aug & 2007 16:42 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 8S 2687 84:44PM Pe 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 attomey 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. (c) 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- Aug & 2007 16:42 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 8S 2687 4:44PeM Pe 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 Tallahassée, Florida, or by telephonic conference call upon your request. . However, if you dispute material facts which are the basis for the Departments 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 [fe day of May, 2097. KAREN CHANDLER Deputy Chief Financial Officer Aug & 2007 16:43 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 8S 2687 4:45PM Po 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: BARBARA ANN GARCIA C/o Marlins Insurance, Inc. 850 Southwest 40" Avenue Plantation, Florida 33317 BARBARA ANN GARCIA 5170 Southwest 17"" Court Plantation, Florida 33317 by Certified Mail this \@Tw*day of May, 2007. OD Por — Greg 8, Marr Fy Florida Department of Financial Services Division of Legal Services 200 East Gaines Street 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4180 Florida Bar Number 131369

Docket for Case No: 07-003605PL