Jan 18 2008 13:52 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Jan. 16 2668 @1:37PM P2715 FILED REP! PINGr 24 ALEX SINK SEP 24 200) 5 Coe FINANCIAL OFFIC ER antl S STATE OF FLORIDA Dosketed by- “i IN THE MATTER OF: LOUANN IVEDA TREVINO CASE NO: 89803-07-AG ADMINISTRATIVE COMPLAINT TO: LOUANN IVEDA TREVINO 12318 Royal Palm Blvd. Coral Springs, Florida 33065 You, LOUANN IVEDA TREVINO, license LD, #2159473, are hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of your activitics while licensed as a public adjuster in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to chapter 626, Florida Statutes, you, LOUANN IVEDA TREVINO, are currently licensed in this state as a public adjuster, 2. At all times pertinent to the dates and occurrences referred to herein, you, LOUANN IVEDA TREVINO, were licensed in this state as a public adjuster, 3, Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over your insurance licenses and appointments. Jan 18 2008 13:52 FROM : DEPT OF FINANCIAL SERVICES FAS NO. : 6564874987 Jan. 16 2686 41:57PM PSe-15 COUNT I 4. Paragraphs one through three are realleged and incorporated herein by reference. 5. After Hurricane Wilma in 2005, W.B., of Coral Springs, Florida, found an advertisement for public adjuster services from Continental Public Adjusters (“Continental”) in her mail box. 6. W.B. of Coral Springs, Florida, called Continental and requested Continental to send a public adjuster to her home. 7. On January 2, 2006, Roy Trevino met with W.B. at her home. 8. You, LOUANN IVEDA TREVINO, were with Roy Trevino when he met with W.B. at her home on January 2, 2006. 9, Roy Trevino is your husband. 10. Roy Trevino told W.B. that he was sent by Continental. ll. Roy ‘Trevino told W.B. that he was a public adjuster. 12. Roy Trevino advertised and/or held himself out to be a public adjuster even though he was not licensed by the Department or appointed by an appropriate appointing entity of person, in violation of Section 626.112(1)(a), Florida Statutes. 13. You, LOUANN TIVEDA TREVINO, knew Roy Trevino advertised and/or held himself out to be insurance adjuster even though he was not licensed by the Department or appointed by an appropriate appointing entity or person. 14. Roy Trevino solicited public adjusting business from W.B., in violation of Rule 69B-220.051(3)(a), Fla. Admin. Code., and Sections 626.112(1)(a) and (3), Florida Statutes. 15. You, LOUANN IVEDA TREVINO, knew Roy Trevino solicited public adjusting business from W.B. Jan 18 2008 13:53 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Jan. 18 2668 @1:37PM P4715 16. You, LOUANN IVEDA TREVINO, entered into a contract with W.B., on behalf of Continental. 17. Roy Trevino inspected W.B.’s home for hurricane damage. 18. Roy Trevino acted as an insurance adjuster even though he was not licensed by the Department or appointed by an appropriate appointing entity or person, in violation of Section 626.112(3), Florida Statutes. 19, You, LOUANN IVEDA TREVINO, knew Roy Trevino acted as an insurance adjuster even though he was not licensed by the Department or appointed by an appropriate appointing entity or person, IT IS THEREFORE CHARGED that you, LOUANN IVEDA TREVINO, have violated of ate accountable under the following provisions of the Florida Insurance Code and Rules of the Department which constitute grounds for the suspension or revocation of your license(s) and eligibility for licensure: (a) If the license or appointment is willfully used, or to be uscd, to circumvent any of the requirements or prohibitions of this code, [Section 626.611(4), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (c) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (Section 626.611(8), Florida Statutes]; (d) Violation of any provision of the Florida Insurance Code or any law applicable to the business of insurance in the course of dealing under the licensure or appointment. [Section 626.621(2), Florida Statutes]; Jan 18 2008 13:53 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Jan. 16 2686 41:58PM PS-15 (ec) Violation of any lawful order or rule of the department, commission, ot office. [Section 626.621(3), Florida Statutes]; and (f) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the Florida Insurance Code or any order or rule of the department, [Section 626.621(12), Florida Statutes]. COUNL I 20. Paragraphs one through three and five through fourteen are realleged and incorporated herein by reference. 21. You, LOUANN IVEDA TREVINO, entered into a contract with W.B., on behalf of Continental. 22. Atall times relevant hereto, you, LOUANN IVEDA TREVINO, were an employee of, or otherwise associated with or employed in some fashion by or with, Continenial. 23. Atal] times relevant hereto, you, LOUANN IVEDA TREVINO, were not appointed with Continental, or any other company. 24, = The contract with W.B. did noi contain your Florida Department liccnse identification number. IT IS TIIEREFORE CIIARGED that you, LOUANN IVEDA TREVINO, have violated ot are accountable under the following provisions of the Florida Insurance Code and Rules of the Department which constitute grounds for the suspension or revocation of your license(s) and cligibility for licensure: (a) No person may be, act as, or advertise or hold himself or herself out to be an insurance adjuster unless he or she is currently licensed by the department and appointed by an appropriate appointing entity or person. [Section 626.112(1)(a), Florida Statutes]; Jan 18 2008 13:53 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Jan. 16 2686 41:56PM Pe6-15 (b) No person shall act as an adjuster as to any class of business for which he or she is not then licensed and appointed. [Section 626.112(3), Florida Statutes); (c) Demonstrated lack of fitness or trustworthiness to cngage in the business of insurance, [Section 626.61 1(7), Florida Statutes]; (d) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 626.611(8), Florida Statutes]; (c) Violation of any provision of the Florida Insurance Code or any law applicable to the business of insurance in the course of dealing under the licensure or appointment. [Section 626.621(2), l'lorida Statutes]; (f) All contracts for public adjuster services must be in writing. The contract must be signed by the public adjuster who solicited the contract. [Rule 69B-220,051(3)(a), Fla. Admin. Code]; (g) All public adjuster contracts shall show the public adjuster's Florida Department license identification number. [Rule 69B-220.051(6)(b)2, Fla. Admin. Code]; (h) Violation of any lawful order or rule of the department, commission, or office, [Section 626.621(3), Florida Statutes]. WHEREFORE, you, LOUANN IVEDA TREVINO, are hereby notified that the Chief Financial Officer intends to enter an Order revoking or suspending your licenses and eligibility for licensure or to impose such penaltics as may be proper under the provisions of Sections 626.611, 626.621, 626.681, 626.691, 626.692 and 626.9521 Florida Statutes, under the procedures and rules set forth in this Administrative Complaint, Jan 18 2008 13:53 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Jan. 16 2686 41:58PM Pris 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 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 reccived 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. Tf there are none, the petition must so indicate. Jan 18 2008 13:54 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Jan. 16 2686 41:59PM Peels (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 (act, 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. Towever, 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. Jan 18 2008 13:54 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Jan. 16 2686 41:59PM Po-15 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. . / Ny . A te e Wy) hp _ DATED and SIGNED this _,, day of §, + 2007. KAREN CHANDLER Deputy Chicf Financial Officer Jan 18 2008 13:54 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Jan. 18 2668 @1:59PM Pig-is CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished by Certified Mail to: l et NW TREVINO, 12318 Royal Palm Blvd., Coral Springs, Florida 33065 this ap day “Fler) Per: 2007. Robert Alan Fox, Senior Attorney Department of Financial Services Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333

Docket for Case No: 08-000355PL