REPRESENTING ALEX SINK CHIEF FINANCIAL OFFICER STATE OF FLORIDA ()4-009-7PL IN THE MATTER OF: AILEEN CRESPO CASE NO: 98542-08-AG / ADMINISTRATIVE COMPLAINT TO: AILEEN CRESPO AILEEN CRESPO Tamiami Insurance Agency, Inc. 8420 SW 167" Terrace 13501 SW 136" Street #207 Miami, Florida 33157. Miami, Florida 33186 You, AILEEN CRESPO, license I.D. #4057583, 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 agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to chapter 626, Florida Statutes, you, AILEEN CRESPO, are currently licensed in this state as a General Lines (2-20) Agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, AILEEN CRESPO, were licensed in this state as an insurance agent, license number A057583. 3. At all times material hereto, you, AILEEN CRESPO, were the president and agent-in-charge of an agency known as Tamiami Insurance Agency, Inc., an incorporated general lines insurance agency located at 13501 SW 136" Street #207, Miami, Florida 33186 (“Tamiami Insurance”). 4. At all times material hereto, the only employees of Tamiami Insurance were you, AILEEN CRESPO, and your unlicensed assistant, to whom you gave the authority to sign your name on insurance documents. 5. Pursuant to section 626.734, Florida Statutes, you, AILEEN CRESPO, remain personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any provisions of this code committed by you, AILEEN CRESPO, or by any person under your direct supervision and control while acting on behalf of the corporation. 6. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over your insurance license and appointments. COUNT I 7. The above General Allegations are realleged and incorporated herein by reference. 8. On or about February 28, 2006, consumer Hector D. Rodriguez came to you, AILEEN CRESPO, seeking renewal of his truck and cargo insurance through March of 2007. 9. | Mr. Rodriguez’s renewal insurance was provided through Canal Insurance Company (“Canal”) and underwritten by Shelly, Middlebrooks, & O’ Leary, Inc. (“SMO”). 10. On February 28, 2006, you, AILEEN CRESPO, provided Mr. Rodriguez with an ACORD Certificate of Liability Insurance indicating he had specific coverages through Canal. 11. The certificate of liability insurance indicated that Mr. Rodriguez had trailer interchange coverage, when in fact, he did not. Moreover, Canal does not provide trailer interchange coverage. 12. The certificate also gave two false policy numbers for Mr. Rodriguez’s general and automotive policies. The numbers belonged to policies that expired in 2004 and incorrectly represented the type and scope of Mr. Rodriguez’s insurance coverage. 13. On May 6, 2006, one of Mr. Rodriguez’s vehicles was involved in a serious accident, in which the trailer and its cargo were total losses. 14. Upon filing his insurance claim, Mr. Rodriguez discovered that he never had trailer interchange insurance and therefore he was not covered for the damage to the trailer and cargo. . 15. You, AILEEN CRESPO, knew, or should have known, that the insurance you provided to Mr. Rodriguez did not include trailer interchange coverage, that the policy numbers listed on the certificate were bogus, and that neither Canal nor SMO authorized you to issue a certificate of liability insurance. | IT IS THEREFORE CHARGED that you, AILEEN CRESPO, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agent: (a) | Engaged in willful misrepresentation of an insurance policy or willful deception with regard to the policy. [Section 626.611(5), 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) Engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), 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, or having otherwise shown himself or herself to be a source of injury or loss to the public. [Section 626.621(6), Florida Statutes]; ) Knowingly making, issuing, circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison which misrepresents the benefits, advantages, conditions, or terms of any insurance policy. [Section 626.9541(1)(a)1., Florida Statutes]. COUNT II 16. The above General Allegations are realleged and incorporated herein by reference. 17. On February 22, 2005, Tamiami Insurance received a request for proof of worker’s compensation insurance for Jesus Fernandez, d/b/a Greenacres Landscaping, Inc. (“Greenacres”). 18. You, AILEEN CRESPO, drafted an ACORD Certificate of Liability Insurance indicating that Mr. Fernandez and Greenacres had worker’s compensation insurance through US Security and American International Group, Inc. (“AIG”), policy number WC204561, effective May 1, 2004 through May 1, 2005. 19. The certificate was fraudulent. At no time did AIG insure’Mr. Fernandez or Greenacres, nor did AIG give anyone at Tamiami Insurance authority to issue a certificate on its behalf. 20. Additionally, AIG policy number 204561 was not a worker’s compensation policy at all, but a 2003 aviation policy in no way connected to Mr. Fernandez or Greenacres. 21. The certificate bears your signature and was signed by you, AILEEN CRESPO, or by an employee of Tamiami Insurance acting at your direction. . 22. You, AILEEN CRESPO, or an employee of Tamiami Insurance acting at your direction, then faxed the false certificate to Sheldon Management, for whom Greenacres was performing landscaping work. 23. You, AILEEN CRESPO, knew, or should have known, that Mr. Fernandez did not have worker’s compensation insurance through AIG, that the policy numbers listed on the certificate of liability were bogus, and that you were not authorized to issue a certificate of liability. IT IS THEREFORE CHARGED that you, AILEEN CRESPO, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agent: (a) Engaged in willful misrepresentation of an insurance policy or willful deception with regard to the policy. [Section 626.611(5), 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) Engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), 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, or having otherwise shown himself or herself to be a source of injury or loss to the public. [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 misrepresents the benefits, advantages, conditions, or terms of any insurance policy. [Section 626.9541(1)(a)1., Florida Statutes]. COUNT III 24. The above General Allegations are realleged and incorporated herein by reference. 25. On February 15, 2006, you.AILEEN CRESPO, prepared an ACORD Certificate of Liability Insurance for JDB Administration & Associated Services Corporation (“JDB”). 26. The certificate bears your signature and was signed by you, AILEEN CRESPO, or by an employee of Tamiami Insurance acting at your direction. 27. The certificate purported to verify that IDB had worker’s compensation insurance through US Security and American International Group, Inc. (“AIG”), policy number TBA, effective January 27, 2006 through January 27, 2007. 28. The certificate was fraudulent. At no time did AIG insure JDB, nor did AIG give anyone at Tamiami Insurance authority to issue a certificate on its behalf. 29. The false certificate was then provided as proof of worker’s compensation insurance to Banyan Tree Phase II, for whom Greenacres was performing landscaping work. 30. You, AILEEN CRESPO, knew, or should have known, that that JDB did not have worker’s compensation insurance through AIG, that you were not authorized to issue a certificate of liability, and that the certificate would be provided to a third party as proof of insurance. IT IS THEREFORE CHARGED that you, AILEEN CRESPO, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agent: (a) Engaged in willful misrepresentation of an insurance policy or willful deception with regard to the policy. [Section 626.611(5), 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) Engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), 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, or having otherwise shown himself or herself to be a source of injury or loss to the public. [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 misrepresents the benefits, advantages, conditions, or terms of any insurance policy. [Section 626.9541(1)(a)1., Florida Statutes]. | WHEREFORE, you, AILEEN CRESPO, 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, and 626.691, 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 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 8 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. 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. 9 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 aut day of a vem ber , 2008. , Tammy Teston 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: AILEEN CRESPO, Tamiami Insurance Agency, Inc., 13501 SW 136" Street #207, Miami, Florida 33186; AILEEN CRESPO, 8420 SW 167" Terrace, Miami, Florida 33157; and William A. Dean, Esq., Dean & Mallard, P.A., Two Datran Center, Penthouse 1-C, 9130 South Dadeland Boulevard, Miami, Florida 33156; this 2h day of November , 2008. David J. Busch Senior Attorney Department of Financial Services Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333 11

Docket for Case No: 09-000029PL