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DEPARTMENT OF FINANCIAL SERVICES vs PATRICK CHARLES MILLS, 09-002248PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-002248PL Visitors: 26
Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: PATRICK CHARLES MILLS
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Financial Services
Locations: Tallahassee, Florida
Filed: Apr. 24, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 16, 2009.

Latest Update: Dec. 23, 2024
Apr 24 2009 15:55 APR-24-2009 FRI 03:54 PM 618504880697 FAX NO. 488 0697 P, FILED REPRESENTING AY EX SINK MMAR 19 2009 CHIEF FINANCIAL OFFICER TATE OF FLORIDA ] y I Beoketed. by: IN THE MATTER OF: CASE NO.: 102595-09-AG PATRICK CHARLES MILLS / ADMINISTRATIVE COMPLAINT PATRICK CHARLES MILLS 4 West Spanish Main Street Tampa, FL 33609-3518 You, PATRICK CHARLES MILLS, license 1.D. #A180262, 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, Patrick Charles Mills, are currently licensed in this state as a life, health and variable annuity agent, a life agent, a life and health agent, a health agent, and a legal expense agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, PATRICK CHARLES MILLS, were licensed in this state as a life, health and variable annuity agent, a life agent, a life and health agent, a health agent, and a legal expense agent. 3. Pursuant to Chapter |626, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdi¢tion over your insurance licenses and appointments. ‘sentenced to five (5) years felony pra Apr 24 2009 15:55 APR-24-2009 FRI 03:54 PM 618504880697 FAX NO. 488 0697 P, COUNTI 4, The above general allegations are hereby realleged and fully incorporated herein by reference. 5. On December 3, 2008 while holding a Florida insurance license, you, PATRICK CHARLES MILLS, in the Circuit Cdurt of the Thirteenth Judicial Circuit in and for the County of Hillsborough, Florida, case no.: 2008-CF-001175, pled guilty to Grand Theft and Making False Entry on Corporate Books, both felonies, Adjudication of guilt was withheld and you were service and restitution. bation, one hundred twenty-five (125) hours of community NA IT IS THEREFORE CHARGED that you, PATRICK CHARLES MILLS, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, wh ch constitute grounds for the suspension or revocation of your licenses as a Florida insurance agent: a. Having been found guilty of or having pleaded guilty or nolo contendere to a felony or a crime punishable by imprisonment of 1 year or more under the law of the United States of America or of any state the: moral turpitude, without regard to v eof or under the law of any other country which involves hether a judgment of conviction has been entered by the court having jurisdiction of such cases, [Section 626.611(14), Florida Statutes]. b. Having been found guilty of or having pleaded guilty or nolo contendere to a felony or a crime punishable by imprisonment 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 has [Section 626.621(8), Florida Statutes]. been entered by the court having jurisdiction of such cases. Apr 24 2009 15:55 APR-24-2009 FRI 03:54 PM 618504880697 FAX NO. 488 0697 P, r COUNT II 7. The above general allegations are hereby realleged and fully incorporated herein by reference. 8. On December 15, 2008, while holding a Florida insurance license, you, PATRICK CHARLES MILLS, pled guilty to Grand Theft and Making False Entry on Corporate Books, both felonies, in the Thirteenth Judicial Circuit in and for the County of Hillsborough, Florida, case no.: 2008-CF-001175. 9. You, PATRICK CHARLES MILLS, failed to inform the Department in writing within thirty (30) days after having pled guilty to said felony. IT 18 THEREFORE CHARGED that you, PATRICK CHARLES MILLS, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which licenses as a Florida insurance agent: constitute grounds for the suspension or revocation of your a. Violation of any provision of this code or of any other law applicable to the business of insurance in the cours¢ of dealing under the license or appointment. [Section 626,621(2), Florida Statutes]. b. Failure to inform the Hepartment 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 | year or more under the law of the United States or any state thereof, or under the law of any other country without regard to whether a judgment of conviction has been entered by the court having jurisdiction of the case. [Section 626.621(11), Florida Statutes]. Apr 24 2009 15:55 APR-24-2009 FRI 03:55 PM 618504880697 FAX NO. 488 0697 P, | WHEREFORE, you, PATRICK CHARLES MILLS, are hereby notified that the Chief Financial Officer intends to entey 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, 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 al 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 moerdeg 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.ml 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 QUESTA 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 Apr 24 2009 15:55 APR-24-2009 FRI 03:55 PM 618504880697 FAX NO. 488 0697 P, Election of Proceeding form conforms to these requirements. Specifically, your response must contain: (a) The name, address, and telephone number, and facsimile number Gf 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. (4) A statement of when the respondent received notice of the administrative complaint. (e) A statement including the file number of 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 o documents by subpoena. If a proceeding is requested mpel the attendance of witnesses and the production of 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. Apr 24 2009 15:57 APR-24-2009 FRI 03:55 PM 618504880697 FAX NO. 488 0697 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 freeform agencylaction, 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. _, 2009. DATED and SIGNED this il A day of Voce \ oi’ —=- — tenet Po ad Deputy Chief Financial Officer Apr 24 2009 15:57 _ APR-24-2009 FRI 03:56 PM 618604880697 FAX NO. 488 0697 P, CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a ye and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: PATRICK CHARLES MILLS, at 4 West Spanish Main Street, Tampa, FL 33609-3518, by Certified Mail this JA_ day of LNarcdn |. 2009. Robert Alan Fox Senior Attorney Department of Financial Services Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4227

Docket for Case No: 09-002248PL
Source:  Florida - Division of Administrative Hearings

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