FILED ALEX SINK OCT 7 2008 CHIEF FINANCIAL OFFICER STATE OF FLORIDA IN THE MATTER OF: OSS14 PL Docketed by: Af CASE NO.: 97744-08-AG ALLEN WILLIAM MUNIZ ADMINISTRATIVE COMPLAINT TO: ALLEN WILLIAM MUNIZ 10140 Camelback Lane Boca Raton, Florida 33498-4714 You, ALLEN WILLIAM MUNIZ, 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 a title insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, ALLEN WILLIAM MUNIZ, are currently licensed in this state as a life & health agent, license I.D. #A186971. 2. At all times pertinent to the dates and occurrences referred to herein, you, ALLEN WILLIAM MUNIZ, were licensed in this state as a life & health insurance agent. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services has jurisdiction over your insurance licenses and appointments. COUNT I 4. The above general allegations are hereby realleged and fully incorporated herein by reference. 5. During the period from July 2003 through May 2004 you, ALLEN WILLIAM MUNIZ, as a licensed insurance agent, obtained possession of twenty two (22) separate commission checks issued by Guarantee Reserve Life Insurance Company payable to Robert M. Galante in the total amount of $2,688.86. 6. You, ALLEN WILLIAM MUNIZ, falsely and fraudulently signed the endorsement signature of the said Robert M. Galante to each such check thereafter depositing same to your business checking account maintained through Wachovia Bank NA. 7. As a result of your conduct as aforesaid, criminal information no.: 502008CF001262AMB was issued against you in the Circuit Court, 15" Judicial Circuit, Palm Beach County, Florida for Grand Theft to which on July 7, 2008 you voluntarily admitted your guilt to the allegations set forth therein. IT IS THEREFORE CHARGED that you, ALLEN WILLIAM MUNIZ, 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) 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 Statues]; (b) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statues]; (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 626.61 1(10), Florida Statues]; (d) ~~ Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statues]; WHEREFORE, you, ALLEN WILLIAM MUNIZ, are hereby notified that the Chief Financial Officer intends to enter an Order revoking your licenses and appointments as a life and health insurance agent or to impose such penalties as may be provided under the provisions of Sections 626 Florida Statutes, and under the other referenced Sections of the Florida Statutes as set out in this Administrative Complaint. You are further notified that any order in this case revoking or suspending any license or eligibility for a licensure held shall also apply to all other licenses ineligibility 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, 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 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. 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 call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. Ifa 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 free from 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 ' Hs day of Odploen_. 2008. , Diimeeng Mas Fact | ‘ TAMMY TESLON 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 to: ALLEN WILLIAM MUNIZ 10140 Camelback Lane Boca Raton, Florida 33498-4714 by Certified Mail this TSday of_Orinlorr 2008. Dean Andrews Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4242 Florida Bar Number 0001959

Docket for Case No: 08-005793PL