04-3558 PL FILED CHIEF FINANCIAL OFFICER MAR 25 2009 STATE OF FLORIDA IN THE MATTER OF: SANDRA DEE PEREZ CASE NO.: 102762-09-AG / ADMINISTRATIVE COMPLAINT : ‘ TO: SANDRA DEE PEREZ oe 7 1840 Northeast 186" Street, #1 D North Miami Beach, FL 33179-4362 SANDRA DEE PEREZ 6099 Hollywood Blvd., Suite B Hollywood, FL 33024-7935 YOU, SANDRA DEE PEREZ, license I.D. # E155452, are hereby notified that the Chief Financial Officer of the State of Florida (“the Department”), has caused to be made an investigation of your activities while licensed as a customer representative in this state, as a result of which it is alleged: GENERAL ALLEGATIONS roy it to Chapter 626, Tlorida Statutes, you, SANDRA DEE PEREZ, are currently licensed in this state as a customer representative (4-40). 2. At all times pertinent to the dates and occurrence referred to herein, you, SANDRA DEE PEREZ, were licensed in this state as a customer representative (4-40) pursuant to Chapter 626, Florida Statutes. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services has jurisdiction over your, SANDRA DEE PEREZ'S, insurance licenses and appointments. COUNT I 4. The above General Allegations numbered one through three are hereby re-alleged and fully incorporated herein by reference. 5. On or about June, 2006 you, SANDRA DEE PEREZ, as a licensed customer representative were employed by Accredited Insurance Associates, Inc. You collected and accepted from one Ignacio Miguel Miller a personal check in the sum $2,862.00 for premium | costs for policies providing homeowner and windstorm insurance coverage. 6. You then furnished to the said Ignacio Miguel Miller a statement reflecting "evidence of personal property insurance" which confirmed that homeowner and windstorm insurance coverage had been issued and was in force by Universal Property and Casualty Insurance Company. This confirmation was false. 7. Then and thereafter you, SANDRA DEE PEREZ, failed to place and effect windstorm insurance coverage through Universal Property and Casualty Insurance Company or any other company. Your failure to reflect windstorm insurance coverage for the said Ignacio Miguel Miller, was not discovered by him until approximately one year later when, on June 27, 2007, he met with you to renew his insurance coverage. IT IS THEREFORE CHARGED that you, SANDRA DEE PEREZ, have violated or are accountable under various provisions of the Florida Insurance Code and Rules of the Department of Financial Services, which constitutes grounds for suspension or revocation your license and appointments: (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (b) 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) 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]; (d) In the conduct of business under the license or appointment, engaging in unfair methods of competition or 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]; (e) Knowingly, delivering to any person, 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)1.e., Florida Statutes]. WHEREFORE, you, SANDRA DEE PEREZ, are hereby notified that the Chief Financial Officer, or her Deputy, intends to enter an Order suspending or revoking your licenses and appointments as an insurance customer representative or to impose such penalties as may be provided under the provisions of Section 626.611, 626.621, 626.681, 626.691 and 626.692, Florida Statutes, and under other referenced Sections of the Florida Statues 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 of Financial Services ("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 f Proceeding form conforms to these requirements. Specifically, your 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. (e) 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 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 this JS day of OAL, 2009. TAMMY TES ra Deputy Chief Financial Officer CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING have been furnished to: SANDRA DEE PEREZ, at the following addresses: SANDRA DEE PEREZ, 1840 Northeast 186" Street, # 1 D, North Miami Beach, FL 33179-4362, and SANDRA DEE PEREZ, 6099 Hollywood Blvd., ' Suite B, Hollywood, FL 33024-7935, by restricted U.S. Certified Mail this ZS day of _Mannces, 2009. Dean Afidrews Florida Bar Number: 0001959 Division of Legal Services 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4242 Fax (850) 487-4907 Attorney for Department

Docket for Case No: 09-003558PL