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
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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
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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.
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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].
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|
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
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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.
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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
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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
Issue Date |
Proceedings |
Jun. 16, 2009 |
Order Closing File. CASE CLOSED.
|
Jun. 16, 2009 |
Motion to Relinquish Jurisdiction filed.
|
May 05, 2009 |
Order of Pre-hearing Instructions.
|
May 05, 2009 |
Notice of Hearing (hearing set for June 29, 2009; 9:00 a.m.; Tallahassee, FL).
|
May 04, 2009 |
Joint Response to Initial Order filed.
|
Apr. 27, 2009 |
Initial Order.
|
Apr. 24, 2009 |
Request for Administrative Hearing filed.
|
Apr. 24, 2009 |
Election of Proceeding filed.
|
Apr. 24, 2009 |
Administrative Complaint filed.
|
Apr. 24, 2009 |
Agency referral
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