Feb 18 2009 3:41 FEB-18-2009 WED 08:57 AM 618504880697 FAX NO. 488 0697 P, 02 FILED REPRESENTING JAN 2. ALEX SINK 5 2 CHIEF FINANCIAL OFFICER STATE OF FLORIDA Bocketos aa al JOSE M. SOLER CASE NO.: 101933-09-AG IN THE MATTER OF: ADMINISTRATIVE COMPLAINT TO: JOSE M. SOLER 7221 Coral Way, Suite 209 Miami, FL 33155 JOSE M. SOLER 5062 NW 5 Street Miami, PL 33126 JOSE M. SOLER 651 NW 82™ Avenue, Apt #116 Miami, FL 33126 You, JOSE M. SOLER, license 1.D. #£002708, are hereby notified that the Chief Financial Officer of the State of T.. has caused to be made an investigation of your activities while licensed as a public adjuster i this state, as a result of which it is alleged: GENERAL ALLEGATIONS L. Pursuant to Chapter |626, Florida Statutes, you, JOSE M. SOLER, are currently licensed in this state as a resident public adjuster — all lines (3-20). 2, At all times pertinent.to the dates and occurrences referred to herein, you, JOSE M. SOLER, were licensed in this state as‘a resident public adjuster — all lines (3-20). FEB-18-2009 WED 08:57 AM 618504880697 3, Pursuant to Chapter Services (hereinafter “Department appointments. 4. and fully incorporated herein by refi 5. M. SOLER, pled nolo obitendere in Dade County, Florida, Case No. F felony in violation of Section 817.23 6. On November 2, 200 M. SOLER, pled nolo contendere in| Dade County, Florida, Case No. FO: violation of Section 812.014, Florida Feb 18 2009 3:41 FAX NO. 488 0697 626, Florida Statutes, the Florida Department of Financial *) has jurisdiction over your insurance licenses and COUNT I The above General Allegations numbered one through three are hereby realleged rence, On November 2, 2007, while holding a Florida public adjuster license, you, JOSE ‘: the Cireuit Court of the Eleventh Judicial Circuit, in and for 6023761, to two counts of insurance fraud, each count a 4, Florida Statutes, Adjudication was withheld. 7, while holding a Florida public adjuster license, you, JOSE the Circuit Court of the Eleventh Judicial Circuit, in and for 023761, to two counts of grand theft, each count a felony in Statutes. Adjudication was withheld. IT IS THEREFORE CHARGED that you, JOSE M. SOLER, 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 adjuster: (a) felony or a crime punishable by im Having been found guilty of or having pleaded guilty or nolo contendere to a prisonment of 1 year or more under the law of the United States of America or of any state thereof or under the law of any other country which involves moral turpitude, without regard ta hether a judgment of conviction has been entered by the court having jurisdiction of such cases. [Section 626.611(14), Florida Statutes]. FEB-18-2009 WED 08:57 AM 618504880697 Feb 18 2009 3:42 FAX NO, 488 0697 P, (b) | Having been found |guilty of or having pleaded guilty or nolo contendere to a felony or a crime punishable by im prisonment of 1 year or more under the law of the United States of America or of any state thereof or under the law of any other country, without regard to whether a judgment of conviction ha’ s been entered by the court having jurisdiction of such cases. [Section 626,621(8), Florida Statutes). COUNT I 7. The above paragraphs numbered one through six are hereby realleged and incorporated herein by reference 8. You, JOSE M. SOLER, failed to notifty the Department of your nolo contendere pleas within 30 days. IY 18 THEREFORE CHARGED that you, JOSE M. SOLER, 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 adjuster: (a) Violation of any pra vision of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment, [Section 626.621(2), Florida Statutes]. (b) Failure to inform the department in writing within thirty (30) days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony or a crime punishable by imprisonment of 1 year or more under the law of the United States or any state thereof, or under the law of any conviction has been entered by the Florida Statutes]. other country without regard to whether a judgment of ourt having jurisdiction of the case. [Section 626.621(11), Feb 18 2009 3:42 FEB-18-2009 WED 08:58 AM 618504880697 FAX NO. 488 0697 P, WHEREFORE, you, JOSE) M. SOLER, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appointments as an insurance adjuster or to impose sich 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 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 the 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 TQ 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. Tf 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 FEB-18-2009 WED 08:58 AM 618504880697 Election of Proceeding form confa contain: (a) The name, address, Feb 18 2009 FAX NO. 488 0697 S:42 rms to these requirements. Specifically, your response must 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 qualified representative of the resf papers shall be made, (c) A statement request telephone number, facsimile number of the attorney or ondent (if any) upon whom service of pleadings and other ng an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. (d) complaint. A statement includi (e) Tf a hearing of any type is A statement of wHen the respondent received notice of the administrative ! the file number of the administrative complaint. quested, 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 d documents by subpoena. ompel the attendance of witnesses and the production of If a proceeding is requested and there is no dispute of material fact, the provisions of Section 120.57(2), Florida Statute evidence in opposition to the action ;, apply. In this regard, you may submit oral or written 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 y; Tallahassee, Florida, or by telephoni ou feel that a hearing is necessary, one will be conducted in ic conference call upon your request, Feb 18 2009 3:43 FEB-18-2009 WED 08:58 AM 618504880697 FAX NO. 488 0697 P, However, if you dispute material facts which are the basis for the Department’s action, you must request an adversarial pr Statutes. These proceedings are held before a State Administrative Law Judge of the Division of ceeding pursuant to Sections 120.569 and 120.57(1), Florida Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the he: ring 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 administrative proceeding received for an administrative proceeding. Any request for an 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 QE day of Clasico 2009. Feb 18 2009 3:43 FEB-18-2009 WED 08:59 AM 618504880697 FAX NO. 488 0697 P, 08 CERTIFICATE OF SERVICE I HEREBY CERTIFY that COMPLAINT and ELECTION O 7221 Coral Way, Suite 209, Miami Florida 33126; JOSE M. SOLER true and correct copy of the foregoing ADMINISTRATIVE PROCEEDING has been furnished to JOSE M. SOLER, Florida 33155; JOSE M. SOLER, 5062 NW 5 Street, Miami, 651 NW 82" Avenue, Apt #116, Miami, Florida 33126; , 2009. by Certified Mail this’ & day of d LA Ey NICHOLAS THORNTON Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 (850) 413-4300

Docket for Case No: 09-000932PL