Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: JULIETT MACHADO
Judges: LARRY J. SARTIN
Agency: Department of Financial Services
Locations: Miami, Florida
Filed: Oct. 23, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 16, 2008.
Latest Update: Oct. 05, 2024
Oct 23 2007 15:19
FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 235 2087 GS:21PM Ps
REPRESENTING
ALEX SINK
CHIEF FINANCIAL OFFICER
STATE OF FLORIDA
IN THE MATTER OF:
CASE NO.: 91641-07-AG
JULIETT MACHADO
ADMINISTRATIVE COMPLAINT
tO: JULTETT MACHADO
CISNEROS INSURANCE & l‘INANCIAL SERVICES
5941 NW 173RD DRIVE, SUTTE 4
MIAMI, FL 33015
JULIETT MACHADO
2700 SW 156 PLACE
MIAMI, FL 33185
You, JULIETT MACHADO, license I.1D, #4161470, are hereby notified that the Chief
Financial Officer of the State of Florida has made an investigation of your activities while
licensed as an insurance agent in this stale, as a result of which it is alleged:
GENERAL ALLEGATIONS
1, Pursuant to Chapter 626, Florida Statutes, you, JULIETT MACHADO, dre
currently licensed in this state as a customer representative.
2, At all times pertinent to the dates and occurrences referred to herein, you
JULIETT MACHADO, were licensed in this state as a customer representative.
3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of T'inancial
Services (“Department”) has jurisdiction over your insurance licenses and appointments
Oct 23 2007 15:19
. @3:21PM P4
FROM :DEPT OF FINANCIAL SERVICES FAX NO. :85a4874987 Oct. 25 2087 G3reirPM Pa
COUNT I
4, The above general allegations are hereby realleged and fully incorporated herein
by reference,
4, From on or about December 5, 2005, to March 2, 2007, you JULIETT
MACHADO, were employed as a customer fepresentative with Buywise Insurance Agency Inc.
6. On or about February 27, 2007, National Auto Lenders, an automobile dealer,
requested proof of auto insurance from E.B. for the sale of a vehicle.
7. On or about February 27, 2007, E.B. informed you, JULIETT MACTIADO, of his
need for proof of auto insurance to purchase the vehicle.
8. On or about February 27, 2007, a certificate of insurance was sent to National
Auto Lenders.
9. You, JULIETT MACHADO, sent, or had someone send, this certificate of
insurance to National Auto Lenders.
10. The certificate of insurance purported to contain the si gnature of the agent of
record for Buywise Insurance Agency, Inc., Richard Wine.
11. Richard Wine did not sign the certificate of insurance.
12. You, JULIETT MACHADO, knew, or should have known, Richard Wine did not
sing the certificate of insurance.
13. You, JULIETT MACHADO, signed, or allowed Richard Wine’s signature to be
signed, to the certificate of insurance.
14, You, JULIETT MACHADO, issved this certificate of insurance without the
knowledge, consent, or true signature of Richard Wine.
IT IS THEREFORE CHARGED that you, JULIETT MACHADO, have violated or are
accountable under the following provisions of the Florida Insurance Code and Rules of the
Oct 23 2007 15:20
FAX NO. + 85845749? Oct. 23 208? 43:21PM PS
FROM :DEPT OF FINANCIAL SERVICES
Department which constitute grounds for the suspension or revocation of your licenses and
appointments:
(a) Willful misrepresentation of any insurance policy or annuity contract or willful
deception with regard to any such policy or contract, done either in person or by any form of
dissemination of information or advertising, [Section 626.61 1(5). Florida Statutes];
(b) Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance. [Section 626.61 1(7), Florida Statutes];
(c) Demonstrated lack of reasonably adequate knowledge and technical competence
lo engage in the transactions authorized by the license or appointment, [Section 626,61 1(8),
Florida Statutes |:
(d) Fraudulent or dishonest practices in the conduct of business under the license or
appointment, [Section 626.61 1(9), Florida Statutes};
(e) Willful failure to comp! y with or willful violation of, any proper order or rule of
the Department or willful violation of any provision of this code, [Section 626.61 1(13), Florida
Statutes];
(f) Tn 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 |;
(g) Knowingly causing, directly or indirect! y, to be made, published, disseminated,
circulated, delivered to any person, or placed before the public, any false material statement.
[Section 626.9541(1)(e)l.c., Florida Statutes].
WHEREFORE, you, JULIETT MACHADO, are hereby notified that the Chief Iinancial
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.
Oct 23 2007 15:20
Oct. 23 260? 83:22PM PS
FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987
NOTICE OF RIGHTS
You have the right to request a proceeding to contest this action by the Department
pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-106, Florida
Administrative Code, The proceeding request must be in wri ting, 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 Proceedin g 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 FATLURE 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
tequirements 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
Tesponse must contain:
(a) The name, address, and telephone number, and facsimile number (if any) of the
respondent (for the purpose of requesting a hearin g in this matter, you are the "respondent".
(b) The name, address, telephone number, facsimile number of the altorney or
qualified representative of the respondent (if any) upon whom service of pleadings and other
papers shall be made.
Oct 23 2007 15:20
FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 25 26ur 832 22PM P?
(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 reccived 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-examine witnesses, and to compel the attendance of witnesses and the production of
documents by subpoena.
Tf'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
évidence 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 procecdings are held before a State Administrative Law J udge 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 sel out above.
Oct 23 200° 15:21
: 22PM PS
FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 23 2687 3: 221
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 4
KAREN CHANDLER
Deputy Chief Financial Officer
Oct 23 200° 15:21
: . BE? B3:23PM Po
FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 23 2 seo
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE
COMPLAINT and ELECTION OF PROCEEDING has been furnished to: JULIETT
MACHADO, at Cisneros Insurance & linancial Services, 5941 NW 173rd Drive, Suite 4,
Miami, FL 33015; JULIETT MACHADO, 2700 SW 156 Place, Miami, FL 33185, by Certified
Robert Alan Fox
Mail this5** day of Ole rnlse . 2007.
Af
Senior Attorney
Department of Financial Services
Division of Legal Services
612 Larson Building
200 East Gaines Street
Tallahassee, Florida 32399-0333
(850) 413-4227
Veet
Docket for Case No: 07-004856PL
Issue Date |
Proceedings |
Jan. 16, 2008 |
Order Closing File. CASE CLOSED.
|
Jan. 15, 2008 |
Joint Motion for Continuance filed.
|
Jan. 10, 2008 |
Petitioner`s Notice of Method of Recording Testimony at Final Hearing filed.
|
Dec. 03, 2007 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 29, 2008; 9:00 a.m.; Miami and Tallahassee, FL).
|
Nov. 30, 2007 |
Joint Motion for Continuance filed.
|
Nov. 20, 2007 |
Petitioner`s Response to Respondent`s Request for Production filed.
|
Nov. 20, 2007 |
Notice of Taking Deposition filed.
|
Nov. 13, 2007 |
Notice of Taking Deposition filed.
|
Nov. 13, 2007 |
Notice of Taking Deposition Duces Tecum filed.
|
Nov. 13, 2007 |
Notice of Taking Deposition Duces Tecum filed.
|
Nov. 13, 2007 |
Request for Production filed.
|
Nov. 13, 2007 |
Notice of Taking Deposition filed.
|
Nov. 13, 2007 |
Notice of Taking Deposition Duces Tecum filed.
|
Nov. 13, 2007 |
Notice of Taking Deposition filed.
|
Nov. 13, 2007 |
Notice of Taking Deposition Duces Tecum filed.
|
Nov. 13, 2007 |
Notice of Taking Deposition Duces Tecum filed.
|
Nov. 13, 2007 |
Notice of Taking Deposition Duces Tecum filed.
|
Oct. 30, 2007 |
Order of Pre-hearing Instructions.
|
Oct. 30, 2007 |
Notice of Hearing by Video Teleconference (hearing set for December 18, 2007; 9:00 a.m.; Miami and Tallahassee, FL).
|
Oct. 29, 2007 |
Joint Response to Initial Order filed.
|
Oct. 24, 2007 |
Initial Order.
|
Oct. 23, 2007 |
Petition for Administrative Hearing filed.
|
Oct. 23, 2007 |
Administrative Complaint filed.
|
Oct. 23, 2007 |
Agency referral filed.
|