, FILED Pybasin cHYIS pmiar aronesentixne = LIES fod FEB-1 Ai: 39 JAN 17 ae ST ALEX SINK HEARINGS CHIEF FINANCIAL OFFICER, ‘VE Doaketea aye LL (D8 - 006 PL IN THE MATTER OF: EMERY ALLEN LUCAS - CASE NO. 91696-08-AG ADMINISTRATIVE COMPLAINT TO: EMERY ALLEN LUCAS 1080 SE Lansdowne Avenue Pt. St. Lucie, Florida 34983 You, EMERY ALLEN LUCAS, 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, EMERY ALLEN LUCAS, are currently licensed in the state as a life, including variable annuity, and health insurance agent. 2. At all time pertinent to the dates and occurrences referred to in this Administrative Complaint you, EMERY ALLEN LUCAS, were licensed as an insurance agent in this state. 3. At all time pertinent to the dates and occurrences referred to in this Administrative Complaint, you, EMERY ALLEN LUCAS, were appointed as a life insurance agent to represent Southern Security Life Insurance Company in this state. COUNT I 4. Paragraphs one through three are realleged and incorporated herein by reference. 5. On or about February 15, 2005, you, EMERY ALLEN LUCAS, did personally solicit M.V. of Palm City, Florida, for the purported purpose of setting up a college tuition savings plan for her two children. 6. Throughout your solicitation, you, EMERY ALLEN LUCAS, concealed the fact that you were selling a life insurance policy. Instead, through misleading statements and deceptive omissions, you caused M.V. to believe that you were soliciting a college tuition savings plan which she desired to purchase. 7. Based in part on your misleading and deceptive statements, M.V. signed what she believed to be an application for a college tuition savings plan, but was, in point of fact, an application for a Southern Security Life life insurance policy. 8. At no time pertinent to the dates and occurrences referred to herein did you, EMERY ALLEN LUCAS, disclose to M.V. that you were soliciting a life insurance policy or did you disclose any of the terms, benefits, and conditions of the policy. 9. Your representations to M.V. were false and a material misstatement of fact. M.V. would not have knowingly purchased the life insurance policy except for your misleading and deceptive representations and omissions. 10. The misleading and deceptive representations and omissions were made for the purpose of obtaining a fee, commission, money or other benefit from an insurance company. IT IS THEREFORE CHARGED that you, EMERY ALLEN LUCAS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Chief Financial Officer which constitute grounds for the suspension or revocation of your insurance licenses and eligibility for licensure: (a) Willful misrepresentation of any insurance policy or willful deception with regard to such policy, done either in person or by any form of dissemination of information or advertising. [Section 626.611(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) . Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.611(9), Florida Statutes]; (d) Willful failure to comply with or willful violation of any provision of the Insurance Code. [Section 626.611(13), Florida Statutes]; {e) In 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. [Section 626.621(6), Florida Statutes]; (f) Knowingly making, issuing, circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison which: 1. Misrepresents the benefits, advantages, conditions, or terms of any insurance policy. [Section 626.9541(1)(a)1, Florida Statutes} (g) Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement. [Section 626.9541(1)(e) 1, Florida Statutes] COUNT II 11. Paragraphs one through three are realleged and incorporated herein by reference. 12. On or about November 9, 2005, you, EMERY ALLEN LUCAS, did personally solicit J.P. of Pt. St. Lucie, Florida, for the purported purpose of setting up a college tuition savings plan for her two children. 13. Throughout your solicitation, you, EMERY ALLEN LUCAS, concealed the fact that you were selling a life insurance policy. Instead, through misleading statements and deceptive omissions, you caused J.P. to believe that you were soliciting a college tuition savings plan which she desired to purchase. 14. Based in part on your misleading and deceptive statements, J.P. signed what she believed to be an application for a college tuition savings plan, but was, in point of fact, an application for a Southern Security Life life insurance policy. 15. Atno time pertinent to the dates and occurrences referred to herein did you, EMERY ALLEN LUCAS, disclose to J.P. that you were soliciting a life insurance policy or did you disclose any of the terms, benefits, and conditions of the policy. 16. Your representations to J.P. were false and a material misstatement of fact. J.P. would not have knowingly purchased the life insurance policy except for your misleading and deceptive representations and omissions. 17. The misleading and deceptive representations and omissions were made for the purpose of obtaining a fee, commission, money or other benefit from an insurance company. IT IS THEREFORE CHARGED that you, EMERY ALLEN LUCAS, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Chief Financial Officer which constitute grounds for the suspension or revocation of your insurance licenses and eligibility for licensure: Sections 626.611(5); 626.611(7); 626.611(9); 626.611(13); 626.621(6); 626.9541(1)(a)1, and 626.9541(1)(e)1, Florida Statutes, as more particularly alleged in Count I above. WHEREFORE, you, EMERY ALLEN LUCAS, 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 626.9521, Florida Statutes, and under the other referenced Sections of the Florida Statutes as set out in this Administrative Complaint. 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 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 completion of , completion of tle 28-106.2015, Florida Administrative Code. As noted above 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 cal] 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. DATED and SIGNED this _ | \" day of on UL Gr 4 , 2008. KAREN CHANDLER Deputy Chief Financial Officer CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished by Certified Mail to Emery Allen Lucas, 1080 SE Lansdowne Avenue, Pt. St. Lucie, Florida 34983 ph this | 1 day of (Saun ACY , 2008. fi /} MES A. BOSSART, ES: \ Dyvision of Legal Services 2 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4124

Docket for Case No: 08-000606PL