Jun 15 2009 13:36 FROM : DEPT OF FINANCIAL SERVICES FAX NO. 285845 749R7? Jun. 15 2689 12:47PM PS FILED JUN 0-1 2009 REPRESENTING ALEX SINK CHIED FINANCIAL OFFICER STATE OF FLORIDA Docketed by. SS _ IN THE MATTER OF: GUY COHEN CASE NO.; 104313-09-AG / ADMINISTRATIVE COMPLAINT GUY COHEN 3370 Northeast 190" Street #1206 Aventura, Florida 33180 You, GUY COHEN, license 1D. # P023983, are horeby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of your activities while licensed as a public adjuster in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, GUY COHEN, are currently licensed in this state as a public adjuster, 2, At all times pertinent to the dates and occurrences referred to herein, you, GUY COHEN, were licensed in this state as a public adjuster, 3, Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over your public adjuster license and appointments. Jun 15 2009 13:37 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Jun. 15 2663 12:47PM P4 ) ) COUNT J 4, The above general allegations are hereby realleged and fully incorporated herein by reference. 5. On July 20, 2005, W.S, and 5.8, of Tamarac, Florida, entered into a work authorization agreement with Supreme Construction Corp. to repair damage to their home caused by fire. 6. Sometime in April of 2006, Ali Moran, a vice-president at Supreme Construction Corp., suggested that 88. hire you, GUY COHEN, as her public adjuster. 7, Ali Moran faxed an adjusting contract from Cohen & Associates Public Adjusters, Ine, to 8.8, 8, At all times pertinent to the dates and occurtences referred to herein, you, GUY COHEN, were the President of Cohen & Associates Public Adjusters, Inc. . 9, On April 21, 2006, you, GUY COHEN, entered into an adjusting contract with 10. At the time you, GUY COHEN, entered into the adjusting contract with §.S., you were a vice-president of Supreme Construction Corp. 11, You, GU'Y COHEN, did not meet or speak with 8.8. prior to entering into the adjusting contract with 8.8. 12, You, GUY COHEN, never disclosed to §.8. that you were a vice-president of Supreme Construction Corp. . 13, Ali Moran never disclosed to 8,8. that you, GUY COHEN, were a vice-president of Supreme Construction Corp. Jun 15 2009 13:38 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Jun. 15 2669 12:46PM PS 14. ‘8.8, did not know that you, GUY COHEN, were the vice-president of Supreme Construction Corp. 15. On January 7, 2007, you, GUY COHEN, demanded that §.5.’s claim be sent to appraisal. IT 18 ‘THEREFORE CHARGED that you, GUY COHEN, 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 license as a Florida adjuster: (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes); (o) 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]; (c¢) Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of this code, [Section 626.611(13), Florida Statutes); (d) —- Violation of any provision 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]; (c) Violation of any lawful order or rule of the department, commission, or office, [Section 626.621(3), Florida Statutes); (f) Violating any provision of Chapter 626 or a rule or order of the department, [Section 626,8698(1), Florida Statutes]; Jun 15 2009 13:38 FROM : DEPT OF FINANCIAL SERVICES FAX NO. 285845 749R7? Jun. 15 2689 12:49PM Poe 5 ' (g) A public adjuster may not participate, directly or indirectly, in the reconstruction, repair, or restoration of damaged proporty that is the subject of a claim adjusted by the licensee; may hot engage in any other activities that may be reasonably construed as a conflict of interest, including soliciting or accepting any remuneration from, of any kind or nature, directly or indirectly; and may not have a financial interest in any salvage, repair, or any other business entity that obtains business in connection with any claim that the public adjustey has a contract or an agreement to adjust, [Section 626.8795, Florida Statutes); and (h) An adjuster shall not directly or indirectly refer or steer any claimant needing repairs or other services in connection with a loss to any person with whom the adjuster has an undisclosed financial interest, or who will or is reasonably anticipated to provide the adjuster any direct or indirect compensation for the referral or for any resulting business. [Rule 69B- 220,201(3)(a), Florida Adminsitrative Code]. ‘OUNT 16, The above general allegations are hereby reaileged and fully incorporated herein by reference. . 17. On April 21, 2006, you, GUY COHEN, entered into an adjusting contract with 8.8, 18, Onthe contract, you, GUY COHEN, were identified as a public adjuster. 19. You, GUY COHEN, were not properly appointed at the time you entered into the adjusting contract with 8.5. IT IS THEREFORE CHARGED that you, GUY COHEN, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Jun 15 2009 13:39 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Jun. 15 2663 12:49PM Pr 5 7 Administrative Code, which constitute grounds for the suspension or revocation of your license as a Florida adjuster: (a) No person may be, act as, or advertise or hold himself or herself out to be an insurance agent, insurance adjuster, or customer representative unless he or she is currently licensed by the department and appointed by an appropriate appointing entity or person, [Section 626,112(1)(a), Florida Statutes]; (b) No person shall act as an adjuster as to any class of business for which he or she is not then licensed and appointed. [Section 626.112(3), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (dq) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment, [Section 6266110), Florida Statutes]: (c) Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of this code, [Section 626.611(13), Florida Statutes]; (f Violation of any provision 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 626,62.1(2), Florida Statutes}; and (g) Violating any provision of Chapter 626 or a rule or order of the department, [Section 626.8698(1), Florida Statutes]. Jun 15 2009 13:40 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Jun. 15 2663 12:38PM Pe ) - ) COUNT III 20, The above general allegations are hereby realleged and fully incorporated herein by reference. 21, On June 19, 2006, you, GUY COHEN, entered into an adjusting contract with C.A. of Tamarac, Florida, 22. Onthe contract, you, GUY COHEN, were identified as a public adjuster, 23, You, GUY COHEN, were not properly appointed at the time you entered into the adjusting contract with C.A. | IT 18 THEREFORE CHARGED that you, GUY COHEN, 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 license ag a Florida adjuster: (a) No person may be, act as, or advertise or hold himself or herself out to be an insurance agent, insurance adjuster, or customer representative unless he or she is currently licensed by the department and appointed by an appropriate appointing entity or person, [Section 626.112(1)(a), Florida Statutes); (b) No person shall act as an adjuster as to any class of business for which he or she ig not then licensed and appointed. [Section 626.112(3), Florida Statutes]; (c) Demonstrated lack of fiiness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes); (d) 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]; Jun 15 2009 13:41 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Jun. 15 2663 12:31PM Pa (e) Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of this code, [Section 626.61 1(13), Florida Statutes]; . (f Violation of any provision 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 626,62 1(2), Florida Statutes]; and (g) Violating any provision of Chapter 626 or a tule or order of the department, [Section 626.8698(1), Florida Statutes]. COUNT IV 24, The above general allegations and Paragraph 8 are hereby realleged and fully incorporated herein by reference, 25. At all times pertinent to the dates and occurrences referred to herein, Cohen & Associates Public Adjusters, Inc. did not have a primary adjuster on file with the Department. 26. At all times pertinent to the dates and occurrences referred to herein, Cohen & Associates Public Adjusters, Inc. was an adjusting firm, for purposes of Section 626.8695, Florida Statutes. 27, You, GUY COHEN, as president of Cohen & Associates Public Adjusters, Inc., were responsible for ensuring that Cohen & Associates Public Adjusters, Inc. had a primary adjuster on file with the Department. IT I8 THEREFORE CHARGED that you, GUY COHEN, have violaied 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 of revocation of your license as a Florida adjuster: Jun 15 2009 13:41 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Jun. 15 2663 12:51PM Pla (a) — Each person operating an adjusting firm and cach location of a multiple location adjusting firm must designate a primary adjuster for each such firm or location and must file with the department the name of such primary adjuster and the address of the firm or location where he or she is the primary adjuster, on a form approved by the department. The designation of the primary adjuster may be changed at the option of the adjusting firm, Any such change is effective upon notification to the department. Notice of change must be sent to the department within 30 days after such change. [Section 626.8695(1), 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 rcasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 626.611(8), Florida Statutes]; (d) . Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of this code. [Section 626,611(13), Florida Statutes]; (ec) Violation of any provision 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}; and (f) —- Violating any provision of Chapter 626 or a rule or order of the department. [Section 626.8698(1), Florida Statutes]. WHEREFORE, you, GUY COHEN, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your license and appointments as a public adjuster or to impose such penalties as may be provided under the provisions of Sections Jun 15 2009 13:42 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Jun. 15 2689 12:52PM Pil 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 Adminisirative 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 Tracey Beal, DFS Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390, 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 ALLEGE) 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 Election of Proceeding form conforms to these requirements. Specifically, your response must contain: Jun 15 2009 13:43 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Jun. 15 2663 12:53PM Pil2 (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 attomey or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. .(@) 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 of the administrative complaint. If a hearing of any type is requested, you have the right to be represetited 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 10 Jun 15 2009 13:44 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Jun. 15 2863 12:34PM Pls Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the heating be conducted in Tallahassee, Florida. Failure to follow the procedure outlined with regard to your response fo this notice may result in the tequest 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 proooeding received prior to the date of this notice shall be deemed abandoned unless timely ronewed in compliance with the guidelines aa get 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 Ai 7 day o , , 2009, TAMMY ral Deputy Chief Financial Officer 11 Jun 15 2009 13:44 FROM :DEPT OF FINANCIAL SERVICES FAX NO. :85848749a7 Jun. 13 2669 12:35PM Pi4 ‘ ve yy ron, ) ) CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that 4 true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: GUY COHEN, at 3370 aie. 190" Street #1206, Aventura, Florida, 33180 by Certified Mail this day of » 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) 413-4106

Docket for Case No: 09-003169PL