Feb 23 2009 14:55 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Feb, 23 26689 83:85PM PS FILED JAN 30 20 Dockated Dy OD CHIEF FINANCIAL OFFICER, STATE OF FLORIDA IN THE MATTER OF: ISMAEL MONTEDEQCA CASE NO: 101161-08-AG / ADMINISTRATIVE COMPLAINT TO: ISMAEIL MONTEDEOCA ISMAET. MONTEDEOCA Ocean Insurance, Inc. 2810 4" Street NW 3001 West 12" Avenue #7 ’ Naples, FL 34120 Hialeah, Florida 33012 You, ISMAEL MONTEDEOCA, license LD. #4306091, 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 ih this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to chapter 626, Florida Statutes, you, ISMAEL MONTEDEOCA, are currently licensed in this state as a 2-20 general lines and a 2-40 health agent. 2, At all times pertinent to the dates and occurrences referred to herein, you, ISMAEL MONTEDEQCA, were licensed in this state as an insurance agent, license number A306091. 3, At all times material hereto, you, ISMAEL MONTEDEOQCA, were the president Feb 23 2009 14:55 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Feb, 23 2663 83:€5PM P4 and registered agent of Coral Discount Insurance Agency (“Coral”), located at 7154 Pembroke Road, Hollywood, Florida 33024. 4, Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over your insurance license and appointments. COUNT I 5. The above General Allegations are realleged and incorporated herein by reference. 6. Beginning in April of 2004, you, ISMAEL MONTEDEOCA, as president of Coral, employed Alberta Tucek, an unlicensed person, who sought to obtain a 2-20 general lines license from the Department. 7. As part of her 2-20 application, Ms. Tucek submitted to the Department an Agents Qualification and Verification of Experience (““AQVE”) form on June 30, 2005, indicating she had at least one year of substantially full-time experience as an employee of Coral in all of the following insurance areas: Marine, Health, Surety, Casualty, and Property, 8. You, ISMAEL MONTEDEOCA, as Ms, Tucek’s employer, certified that Ms, Tucek “completed the above experience qualification” while serving “as a substantially full time bona fide employee” of Coral. 9, During Ms. Tucek’s employment, the only lines of business written by Coral under your, ISMAEL MONTEDEOCA’s, license were private passenger/commercial auto liability, physical damage, commercial auto physical damage, other liability, and flood. 10, Contrary to the representations made on the AQVE form, Ms, Tucek did not have experience in all the requisite areas of insurance. 11, You, ISMAEL MONTEDEOCA, knew, or should have known, that Ms. Tucek Feb 23 2009 14:55 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Feb, 23 2663 83:45PM PS did not have experience in all the necessary areas of insurance because Coral was not authorized to, and did not, write those lines of business, and that therefore your certification on the AQVE was false. IT IS THEREFORE CHARGED that you, ISMAEL, MONTEDEOCA, have violated or are accountable under one or mote 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) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (b) Engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment, [Section 626,611(9), Florida Statutes]; (c) In the conduct of business under the license or appointment, engaging 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]; (a) Knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the insurance code or any order or rule of the department, commission, or office. [Section 626.621(12), Florida Statutes]; (ce) Knowingly filing with any supervisory or other public official; making, publishing, disseminating, circulating; delivering to any person; placing before the public; or 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), Florida Statutes]. Feb 23 2009 14:55 FROM : DEPT OF FINANCIAL SERVICES FAX NO. 285845 749R7? Feb. 23 2689 @3:G6PM Poe WHEREFORE, you, ISMAEL MONTEDEOCA, 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, 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 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 Feb 23 2009 14:57 FROM : DEPT OF FINANCIAL SERVICES FAX NO. 285845 749R7? Feb. 23 2689 @3:G6PM P? 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. (c) 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. Failure to follow the procedure outlined with regard to your response to this notice may 5 Feb 23 2009 14:57 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Feb, 23 2663 83:47PM Pe 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 tis 3 edaay of 1, 2009, Feb 23 2009 14:57 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Feb, 23 2663 83:47PM Pa 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: ISMAEL MONTEDEOCA, Ocean Insurance, Inc., 3001 West 12" Avenue #7, Hialeah, FL 33012, and ISMAEL MONTEDEOCA, 2810 4" Street NW, Naples, Florida 34120; this 308 day of Davvary , 2009. Assistant General Counsel Department of Financial Services| Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333

Docket for Case No: 09-001013PL