Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: UNITED REPUBLIC TITLE, LLLP
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Financial Services
Locations: Tampa, Florida
Filed: Apr. 21, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 29, 2008.
Latest Update: Dec. 24, 2024
Apr 21 2008 14:46
FROM :DEPT OF FINANCIAL SERVICES FAX NO. : 8584874987 Apr. 21 2808 61:53PM P?714
REPRESENTING APR 2 2008
ALEX SINK -
CHTRF FINANCIAL OFFICER’
Taonnon oe ,
IN THE MATTER OF: OF :2092 ~ .
UNITED REPUBLIC TITLE, LLLP CASE NO.; 91438-08-AG
a
ADMINISTRATIVE COMPLAINT
TO: UNITED REPUBLIC TITLE, I.LLP
2691 E Oakland Park Blvd, Suite 203
Ft, Lauderdale, FL 33306
UNITED REPUBLIC TITLE, LLLP
600 W Hillsboro Bivd, Suite 110
Deerfield Beach, #L 33441
You, UNITED REPUBLIC TITLE, LLP, license LD. #£117675, 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 agency in this state, as a result of which it is
alleged:
GENERAL ALLEGATIONS
1. Pursuant to Chapter 626, Florida Statutes, you, UNITED REPUBLIC TITLE,
LLLP, are currently licensed in this state as a title insurance agency.
2. At all times pertinent to the dates and occurrences referred to herein, you,
UNITED REPUBLIC TITLE, LLLP, were licensed in this state as a title insurance agency.
3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial ,
Services (“Department”) has jurisdiction over your title insurance agency license and
appointments.
4, At all times tmaterial herein, you, UNITED REPUBLIC JITLE, LLLP, as a
licensed title insurance agency, and acting by and through your licensed insurance agent, Charles
Apr 21 2008 14:4?
FROM :DEPT OF FINANCIAL SERVICES FAX NO. 18584874987 Apr. 21 24068 41:54PM Paid
ee
Anania, improperly invested escrow moneys in accounts for profit without knowledge or consent
of your consumers and contrary to statutory requirements, all as more particularly set forth
hereinafter.
COUNT I
5. The above general allegations are hercby realleged and fully incorporated herein
- by reference.
6. During the years 2005 and 2006, you, UNITED REPUBLIC TITLE, LLLP,
maintained escrow account number 37766617569 at the Rank of Ametica. You caused this
escrow account to be subject to an automated overnight sweep investment account to carn
interest on the consumer's cash balances. In 2005, this account earned you interest of
$23,210.38, and in 2006, intorest of $73,268.64. Under this arrangement, your consumer's
escrow moneys were invested in "repurchase agreements" involving risk including possible loss
of the principal amounts invested which were not FDIC insured and not deposits or other
obligations guaranteed by Bank of America Corporation. Your actions and activities were
without the knowledge or consent of your consumers and are not in compliance with statutory
tequirements regarding deposits of escrow moneys. ,
IT IS THEREFORE CHARGED that you, UNITED REPUBLIC TITLE, LULP., 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 licenses and appointments:
(a} Misappropriation, conversion, or unlawful withholding of moneys belonging to
title insurers or insureds or others and received in conduct of business under the license or
appointment. [Section 626.8437(7), Florida Statutes];
(b) Fraudulent or dishonest practices in the conduct of business under the license or
appointment. [Section 626.8437(6), Florida Statutes];
(c) Engaging in unfair methods of competition or in business, as prohibited under
part IX of this chapter, or having otherwise shown bimself or herself to be a source of injury or
Apr 21 2008 14:47
FROM :DEPT OF FINANCIAL SERVICES FAX NO. :8584874907 Apr. 21 2088 41:54PM P9714
loss to the public or to be detrimental to the public interest, [Section 626.844(5), Florida
Statutes];
(a) _ All funds received by a title insurance agent . . . shall be trust funds received ina
fiduciary capacity by the title insurance agent and shall be the property of the person or persons
entitled thereto, [Section 626.8473(2), Florida Statutes];
(e) All funds received by a title insurance agent to be held in trust shall be
immediately placed in a financial institution that is located within this stute and is a member of
the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund.
These funds shall he invested in an escrow account in accordance with the investment
requirements and standards established for deposits and investments of state funds in s. 17.57,
where the funds shall be kept until disbursement thereof as properly authorized. [Section
626.8473(3), Florida Statutes);
(f) Funds required to be maintained in escrow trust accounts pursuant to this section
shall not be subject to any debts of the title insurance agent and shall be used only in accordance
with the terms of the individual escrow, settlement or closing instructions under which the funds
were accepted. [Section 626.8473(4), Florida Statutes]; and
(g) A title insurance agent or title insurer may not use, endanger, or encumber money
held in trust without the permission of the owner of such money, given after full disclosure of the
circumstances. [Rule 690-186.008(1), F.A.C.].
WHEREFORE, you, UNITED REPUBLIC TITLE, LLLP, arc hereby notified that the
Chief Financial Officer intends to enter an Order suspending or revoking your licenses and
appointments as an insurance agency or to impose such penalties as may be provided under the
provisions of Sections 626.8437, 626.844, 626,8443, 626.8457, 626.846, and 626.9521, Florida
Statutes, and under the other referenced Sections of the Florida Statutes as set out in this
Administrative Complaint.
Apr 21 2008 14:47
FROM :DEPT OF FINANCIAL SERVICES FAX NO. : 8584874987 Apr. 21 2008 @1:55PM P1@714
You have the right to request a proceeding to contest this action by the Department of
Financial Services (""Depattment”) 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
Gencral 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
tight 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) Thename, addreys, and telephone number, and facsimile number (if any) of the
respondent (for the purpose of requesting a hearing in this matter, you are the "espondent").
(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.
Apr 21 2008 14:48
FROM :DEPT OF FINANCIAL SERVICES FAX NO. = 8564874987 Apr. 21 2088 @1:55PM P1114
(c) A statement requesting an administrative hearing identifying those material facts
that are in dispute. If there are nono, the petition must so indicate,
(d) A statement of when the respondent received notice of the administrative
complaint.
(ec) Avstatement including the file number to the administrative complaint.
Ifa hearing of any type is requested, you have the right to be represented by counsel ot
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 Tallahassce, 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
Apr 21 2008 14:48
FROM :DEPT OF FINANCIAL SERVICES FAX NO. 28584874907 Apr. 21 2088 @1:55PM Pl2/i4d
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 attomey will discuss this matter with you until the response has been received by
the Department. .
DATED and SIGNED this 2 rake day of April , 2008.
'AREN CHANDLER
Deputy Chief Financial Officer
Apr 21 2008 14:48
FROM :DEPT OF FINANCIAL SERVICES Fax NO. : 8584874907 Apr. 21 2888 @1:55PM P1314
CERTIFICATE OF SERVICE
T HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE
| COMPLAINT and ELECTION OF PROCEEDING has been furnished to; UNITED REPUBLIC
TITLE, LLLP, 2691 E Oakland Park Blvd, Suite 203, Ft. Lauderdale, FT, 33306; UNITED
REPUBLIC TITLE, LLLP, 600 W Hillsboro Blvd, Suite 110, Deerfield Beach, FL 33441 by
Certified Mail this nd. day of A pak, 2008.
eal
Dean Andrews
Division of Legal Services
200 East Gaines St.
612 Larson Building
Tallahassee, Florida 32399-0333
(850) 413-4242 Phone
(850) 487-4907 Fax
Florida Bar Number 0001959
Docket for Case No: 08-002022
Issue Date |
Proceedings |
Jul. 29, 2008 |
Order Closing Files. CASE CLOSED.
|
Jul. 28, 2008 |
Motion to Relinquish Jurisdiction (08-1809) filed.
|
Jul. 28, 2008 |
Motion to Relinquish Jurisdiction (08-2428) filed.
|
Jul. 28, 2008 |
Motion to Relinquish Jurisdiction (08-2022) filed.
|
Jun. 05, 2008 |
Order of Pre-hearing Instructions.
|
Jun. 05, 2008 |
Amended Notice of Hearing (hearing set for August 6 and 7, 2008; 9:00 a.m.; Tampa, FL; amended as to Case style and hearing date).
|
Jun. 05, 2008 |
Order of Consolidation (DOAH Case Nos. 08-2428PL).
|
May 08, 2008 |
Amended Notice of Hearing (hearing set for August 6, 2008; 9:00 a.m.; Tampa, FL; amended as to Case style, hearing location, and hearing date).
|
May 08, 2008 |
Notice of Transfer.
|
May 08, 2008 |
Amended Order of Pre-hearing Instructions.
|
May 08, 2008 |
Order of Consolidation (DOAH Case Nos. 08-1809 and 08-2022).
|
May 06, 2008 |
Petitioner`s Response to Initial Order filed.
|
May 02, 2008 |
United Republic Title, LLP`s Response to Initial Order filed.
|
Apr. 22, 2008 |
Initial Order.
|
Apr. 21, 2008 |
Administrative Complaint filed.
|
Apr. 18, 2008 |
Agency referral filed.
|
Apr. 18, 2008 |
Request for Formal Hearing filed.
|
Apr. 18, 2008 |
Election of Proceeding filed.
|