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DEPARTMENT OF FINANCIAL SERVICES vs ALYS JOY BERNSTEIN, 09-004343PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-004343PL Visitors: 16
Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: ALYS JOY BERNSTEIN
Judges: LARRY J. SARTIN
Agency: Department of Financial Services
Locations: Fort Lauderdale, Florida
Filed: Aug. 17, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 4, 2010.

Latest Update: Nov. 17, 2024
Aug 1? 2009 14:00 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Aug. 1? 2663 81:56PM PS FILED JUL 17 2009 Docketed by_ & ) REPRESFNTING ALEX SINK CHUEF FINANCIAL OFFICER STATE OF FLORIDA IN THE MATTER OF: CASE NO.; 104203-09-AG ALYS JOY BERNSTEIN / ADMINISTRATIVE COMPLAINT ALYS JOY BERNSTEIN c/o Stanley Weissman, Esq. 1191 East Newport Center Drive, Suite, PHC Deerfield Beach, Florida 33442 ALYS JOY BERNSTEIN Phoenix Settlement Services 1191 East Newport Center Drive PHC Deerfield Beach, Florida 33442 You, ALYS JOY BERNSTEIN, License No. A070151, 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 a title insurance agency in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, ALYS JOY BERNSTEIN, are currently licensed in this state as a title (4-10) insurance agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, ALYS JOY BERNSTEIN, were licensed in this state as a title insurance agent, having been issued License No. A070151, Aug 1? 2009 14:00 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Aug. 17 2689 @1:57PM Pa 3. At all time pertinent to the dates and occurrences referred to herein, you, ALYS JOY BERNSTEIN, were the president of Complete Title Solutions, Inc., a duly licensed. title insurance agency located in Ft. Lauderdale, Florida (License No. E032602). 4. At all times pertinent to the dates and occurrences referred to herein, you, ALYS JOY BERNSTEIN, were acting by, through, and with Complete Title Solutions, Inc. and as president and an agent of Complete Title Solutions, Inc, 5. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over your tille insurance agent license and appointment(s). COUNTI 6, The above general allegations are hereby realleged and fully incorporated herein by reference. . 7. On or about May 24, 2004, Complete Title Solutions, Inc., served as settlement agent for the sale of a home in Orange County, Florida, from T.S. and M.S. of Orlando, Florida to 8.F. and D.G., also of Orlando, Florida. &. As part of the closing, which occurred on May 24, 2004, Complete Title Solutions, Inc. was responsible for the filing of a quitclaim deed on the property. 9. You, ALYS JOY BERNSTEIN, working by, through, and with your title agency, Complete Title Solutions, Inc,, failed to record the quitclaim deed until April 15, 2005, nearly a year after the closing date. IT IS THEREFORE CHARGED that you, ALYS JOY BERNSTEIN, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Aug 1? 2009 14:01 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Aug. 1? 2663 81:37PM PS Administrative Code, which constitute grounds for the suspension or revocation of your license and appointment(s) as a Florida title insurance agent: (a) | Demonstrated lack of fitness or trustworthiness to represent a title insurer in the issuance of its commitments, binders, policies of title insurance, or guarantees of title. [Section 626.8437(4), Florida Statutes] (b) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment, [Section 626.843 7(5), Florida Statutes] (c) Engaging in unfair methods of competition or unfair or deceptive acts of practices in the conduct of business as prohibited under part [X of this chapter, or having otherwise shown himself or herself 1o be a source of injury or loss to the public or to be detrimental to the public interest. [Section 626,844(5), Florida Statutes] COUNT I 10. The above general allegations are hereby realleged and fully incorporated herein by reference. 11. During the months of May and June 2005, Complete Title Solutions, Inc. served as settlement agent for the sale of a home in Dade County, F lorida, from sellers R.D. and N.D. of Jupiter, Florida (“Sellers’’) to buyers J.A. and D.O. of Miami, Florida (“Buyers”). 12. You, ALYS JOY BERNSTEIN, acting by, through, and with your title agency, Complete Title Solutions, Inc., acted as title agent for the sale. 13. As part of the sale contract, Buyers were obligated to place a $100,000.00 binder deposit in escrow with Complete Title Solutions, Inc. Aug 1? 2009 14:01 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Aug. 17 2689 61:57PM Pe 14. On June 1, 2005, Buyers executed a personal check in the amount of $100,000.00 in accordance with the sale contract. — 15. Also on June 1, 2005, counsel for Sellers received a facsimile from, and signed by, you, ALYS JOY BERNSTEIN, confirming receipt of the check. 16. On June 24, 2005, counsel for Sellers requested additional confirmation that the deposit check was received and had been placed in escrow. 17. On June 27, 2005, counsel for Sellers received a facsimile from Complete Title Solutions, Inc., with a notation that the facsimile was “from the desk of Alys Bemstein,” again stating that the check was being held in escrow. The facsimile also included a copy of the front of the check. 18. Also on June 27, 2005, counsel for Sellers sent a letter to you, ALVS JOY BERNSTEIN, giving notice that Sellers would make a claim on the binder deposit should the transaction not proceed on the closing date of June 30, 2005. 19. In response, you, ALYS JOY BERNSTEIN, informed counsel for Sellers that Complete Title Solutions never received the check from Buyers or their broker. 20. The sale did not proceed to closing. 21. At no time was the binder check ever deposited and therefore Sellers were unable to make a claim on the deposit. IT IS THEREFORE CHARGED that you, ALYS JOY BERNSTEIN, 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 and appointment(s) as a Florida title insurance agent: Aug 1? 2009 14:01 FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 Aug. 17 2689 @1:57PM PP (a) Demonstrated lack of fitness or trustworthiness to represent a title insurer in the issuance of its commitments, binders, policies of title insurance, or guarantees of title. [Section 626.8437(4), Florida Statutes] (b) Temonstrated Jack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment, [Section 626.843 7(5), Florida Statutes] (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.8437(6), Florida Statutes] (a) Misappropriation, conversion, or unlawful withholding of moneys belong to title insurers or insureds or others and received in the conduct of business under the license or appointment. [Section 626.8437(7), Florida Statutes] (ec) 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 act. [Section 626.8437(9), Florida Statutes] (2) All funds received by a title insurance agent as described in’ subsection (1) [escrow funds] shall be trust funds received in a fiduciary capacity by the title insurance agent and shall be the property of the person or persons entitled thereto. [Section 626.8473(2), Florida Statutes] (g) All funds received by a title agent to be held in trust shall immediately placed in a financial institution that is located within this state and is a member of the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. These funds shall be invested in an escrow account in accordance with the investment requirements and Aug 1? 2009 14:01 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 17 2669 1:58PM Pe standards established for deposits and investments of state funds in s. 17.57, where funds shall be kept until disbursement thereof is properly authorized. [Section 626.8473(4), Florida Statutes] (h) Knowingly 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] COUNT UI 22. The above general allegations are hereby realleged and fully incorporated herein by reference. 23, On or about November 22, 2005, Complete Title Solutions, Inc., served as settlement agent for the sale of a home from J.J, and B.J. of Miami, Florida to J.G. of Hialeah, Florida. 24. You, ALYS JOY BERNSTEIN, working by, through, and with your title agency, Complete Title Solutions, Inc., acted as title agent for the sale. 25, According to the HUD-1, Complete Title Solutions, Inc. was to collect $1,901.03 from the buyer on the closing date of November 22, 2005. 26, Complete Title Solutions, Inc., failed to collect the $1,901.03 from the buyer at closing. 27. Rather, the $1,901.03 due was paid in the form of a money order dated November 28, 2005—six days after the closing date. 28, Additionally, Complete Title Solutions, Inc. disbursed $12,701.62 and $3,905.00 to Home! Options, LLC (““Home1”). Aug 1? 2009 14:02 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 17 2669 1:58PM Po 29. Homel was not listed on the HUD-1 as a recipient of any disbursement associated with the transaction. IT IS THEREFORE CHARGED that you, ALYS JOY BERNSTEIN, 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 and appointment(s) as a Florida title insurance agent: (a) Demonstrated lack of fitness or trustworthiness to represent a title insurer in the issuance of its commitments, binders, policies of title insurance, or guarantees of title. [Section 626.8437(4), Florida Statutes] (b) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 626,8437(5), Florida Statutes] (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.843 7(6), Florida Statutes] (d) Misappropriation, conversion, or unlawful withholding of moneys belong to title insurers or insureds or others and received in the conduct of business under the license or appointment, (Section 626.8437(7), Florida Statutes] (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 act, [Section 626.8437(9), Florida Statutes} (f) Knowingly making, publishing, disseminating, circulating, delivering to any person, placing before the public, or causing, directly or indirectly, to be made, published, Aug 1? 2009 14:02 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 17 28689 41:58PM Pla disserninated, circulated, delivered, to any person or placed before the public, any false material statement. [Section 626.9541(1)(€), Florida Statutes] COUNTIV 30. The above general allegations are hereby realleged and fully incorporated herein by reference. 31. On or about November 15, 2005, Complete Title Solutions, Inc, served as settlement agent for the sale of a home from F.W. and C!.W. of Miami Lakes, Florida to J.G. of Miami, Florida. 32. You, ALYS JOY BERNSTEIN, working by, through, and with your title agency, Complete Title Solutions, Inc., acted as title agent for the sale. 33. According to the HUD-1, Complete Title Solutions, Inc. was to collect $8,155,62 from the buyer on the closing date of November 15, 2005. 34. Complete Title Solutions, Inc. failed to collect the $8,155.62 from the buyer at closing. 35. Rather, the $8,155.62 due was paid in the form of a money order dated November 17, 2005—two days after the closing date. 36. The HUD-1 for the above-described transaction lists “sellers proceeds” as $28,036.65. 37. Complete Title Solutions, Inc. disbursed $28,036.65 to Homel Options, LLC (“Homel”). 38, Home! was not listed on the HUD-1 as a recipient of any disbursement associated with the transaction. Aug 1? 2009 14:02 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 1? 2689 @1:59PM Pil IT IS THEREFORE CHARGED that you, ALYS JOY BERNSTEIN, 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 and appointment(s) as a Florida title insurance agent: (a) Demonstrated lack of fitness ot trustworthiness to represent a title insurer in the issuance of its commitments, binders, policies of title insurance, or guarantees of title. [Section 626.8437(4), Florida Statutes] (b) Demonstrated Jack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment, [Section 626,843 7(5), Florida Statutes] (c) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.8437(6), Florida Statutes] (d). Misappropriation, conversion, or unlawful withholding of moneys belong to title insurers or insureds or others and received in the conduct of business under the license or appointment. [Section 626.8437(7), Florida Statutes] (e) Willful failure to comply with, or willful violation of, any proper order or tule of the department or willful violation of any provision of this act. [Section 626.8437(9), Florida Statutes] (f) Knowingly 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] Aug 1? 2009 14:03 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Aug. 1? 2863 81:59PM Pl2 COUNT V 39. The above general allegations are hereby realleged and fully incorporated herein by reference. 40. On ot about November 15, 2005, Complete Title Solutions, Inc. served as settlement agent for the sale of a home from O.J. and E.J. of Miami, Florida to J.G., also of Miami, Florida. 41. You, ALYS JOY BERNSTEIN, acting by, through, and with your title agency, Complete Title Sotutions, Inc., acted as title agent for the sale. 42. According to the HUD-1, Complete Title Solutions, Inc. was to collect $5,207.20 from the buyer on the closing date of November 15, 2005. 43, Complete Title Solutions, Inc. failed to collect the $5,207.20 from the buyer at closing, | 44, Rather, the $5,207.20 due was paid in the form of a money order dated November 17, 2005—two days after the closing date. 45, The HUD-1 for the above-described transaction lists “sellers proceeds” as $38,904.33. 46. Complete Title Solutions, Inc. disbursed $38,904.33 to Homel Options, LLC (“Home”). 47, Homel was not listed on the HUD-1 as a recipient of any disbursement associaled with the transaction. IT IS THEREFORE CHARGED that you, ALYS JOY BERNSTEIN, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Aug 1? 2009 14:03 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 17 28689 1:59PM Piss Administrative Code, which constitute grounds for the suspension or revocation of your license and appointment(s) as a Florida title insurance agent: (a) Demonstrated lack of fitness or trustworthiness to represent a title insurer in the issuance of its commitments, binders, policies of title insurance, or guarantees of title. [Section 626.8437(4), Florida Statutes] (b) Demonstrated lack of reasonably adequate knowledge and technical competence to: engage in the transactions authorized by the license or appointment. [Section 626.8437(5), Florida Statutes] (c) - Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.8437(6), Florida Statutes] (d) Misappropriation, conversion, or unlawful withholding of moneys belong to title insurers or insureds or others and received in the conduct of business under the license or appointment. [Section 626.8437(7), Florida Statutes] (ec) Willful failure to comply with, or willful violation of, any proper order or tule of the department or willful violation of any provision of this act. [Section 626.8437(9), Florida Statutes] (f) Knowingly 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] COUNT VI 48. The above general allegations are hereby realleged and fully incorporated herein by reference. Aug 1? 2009 14:03 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Aug. 1? 2863 G2:G8PM P14 49. Section 624.501(27)(e)2., Florida Statutes, provides, in part, that on or before January 30 of each calendar year, each licensed title insurance agency shall remit to the Department an administrative surcharge of $200.00. 50. On January 1, 2009, the Department issued a written notice to Complete Title Solutions, Inc. requesting payment of the required 2009 administrative surcharge. 51. As of the date of filing of this Administrative Complaint, Complete Title Solutions, Inc. has failed to remit the required 2009 administrative surcharge assessed by the Department. lr IS THEREFORE CHARGED that you, ALYS JOY BERNSTEIN, have violated or are accountable under one ot more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your license and appointment(s) as a Florida title insurance agent: (a) Failure to remit to the Department an administrative surcharge of $200.00 on or before January 30 of each calendar year. [Section 624.501(27)(e) 2., Florida Statutes]; (b) Willful failure to comply with, or willful violation of, any proper order of rule of the Department or willful violation of any provision of this act. [Section 626.8437(9), Florida Statutes); (c) Violation of any provision of this act in the course of dealing under the license or appointment, [Section 626.844(2), Florida Statutes]. COUNT Vil 52. The above general allegations are hereby realleged and fully incorporated herein by reference. 12 Aug 1? 2009 14:04 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 17 26689 2:68PM Pils 53, Section 626.8418(2), Florida Statutes, provides, in part, that at the time of application for licensure as a title insurance agency, the applicant shall post a deposit of $35,000 or obtain a surety bond of $35,000 payable to the Department for the benefit of any appointing insurer damaged by a violation by the title insurance agency of its contract with the appointing insurer. Furthermore, this section mandates that such deposit or bond must remain unimpaired as long as the title insurance agency continues to do business in this state and until one (1) year after the termination of all title insurance agency appointments held by the title insurance agency. 54. In connection with its application for licensure as a title insurance agency, on April 2, 2002, Complete Title Solutions, Inc. filed the required bond with the Department, The | bond was issued by Accredited Surety and Casualty Company, Inc., bond number 003147. 55. On April 8, 2008, the Department received notice from Accredited Surety and Casualty Company, Inc. that it would cancel the surety bond effective May 14, 2008, 56. On May 14, 2008, Accredited Surety and Casualty Company, Inc. canceled the bond, 57. As of the date of the filing of this Administrative Complaint, Complete Title Solutions, Inc. has failed to provide the Department with proof that it has secured a replacement bond or otherwise satistied the requirements of Section 626,8418(2), Florida Statutes. IT IS THEREFORE CHARGED that you, ALYS JOY BERNSTEIN, 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 and appointment(s) as a Florida title insurance agent: 13 Aug 1? 2009 14:04 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 17 28689 82:68PM P16 (a) Failure to maintain an unimpaired surety bond. [Section 626,8418(2), Florida Statutes] (b) Lack of one or more of the qualifications for the license or appointment as specified in Sections 626.8417, 626.8418 and 626.8419. [Section 626,8437(1), 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 act. [Section 626.8437(9), 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 626.844(2), Florida Statutes] WHEREFORE, you, ALYS JOY BERNSTEIN, are hereby notified that the Chief Financial Officer intends to enter an order suspending or revoking any license(s) and appointment(s) issued to you pursuant to the Florida Insurance Code or to impose such penalties as may be provided under the provisions of Sections 626.8437, 626.844, 626.8443, 626.8457 and 626.846, 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 Tracey Beal, Agency Clerk, at the 14 Aug 1? 2009 14:04 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 17 2689 @2:61PM Pl? 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 afler 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 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. Aug 1? 2009 14:05 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Aug. 1? 2863 G2:e1PM Pls 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 procecding. 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 guidclines as set out above. Aug 1? 2009 14:05 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Aug. 17 26689 @2:61PM Plo Mediation of this matter pursuant to Section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you yntj) the response has been received by the Department. DATED and SIGNED this _/ 74d day of 2009, Deputy Chief Financial Officer 17 Aug 1? 2009 14:05 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Aug. 1? 2863 G2:G1PM Pee CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: Alys Joy Bernstein, c/o Stanley Weissman, Esq., 1191 East Newport Center Drive, Suite PIIC, Deerfield Beach, Florida 33442, and Alys Joy Bernstein, Phoenix-Seflement Services, 1191 East Newport Center Drive PHC, Deerfield Beach, Florida 33442 by Certified Mail this_/ The day of , 2009. Roby: Jackson Assistant General Counsel Department of Financial Services Division of Lega] Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4269

Docket for Case No: 09-004343PL
Issue Date Proceedings
Jan. 04, 2010 Order Closing File. CASE CLOSED.
Jan. 04, 2010 Joint Motion to Relinquish Jurisdiction filed.
Dec. 28, 2009 Joint Prehearing Stipulation filed.
Dec. 22, 2009 Order Allowing Testimony by Telephone.
Dec. 21, 2009 Amended Notice of Hearing (hearing set for January 7 and 8, 2010; 9:00 a.m.; Fort Lauderdale, FL; amended as to room location).
Dec. 17, 2009 Motion for Telephonic Witness Testimony of William Hawkins at Final Hearing filed.
Nov. 06, 2009 Answers to Respondent's First Request for Admissions to Petitioner filed.
Nov. 06, 2009 Petitioner's Response to Respondent's First Request for Production filed.
Nov. 06, 2009 Notice of Serive [sic] of Petitioner's Answers to Respondent's First Interrogatories filed.
Oct. 21, 2009 Respondent's Notice of Service Response to First Set of Interlocking Discovery filed.
Oct. 19, 2009 Order Granting Continuance and Re-scheduling Hearing (hearing set for January 7 and 8, 2010; 9:00 a.m.; Fort Lauderdale, FL).
Oct. 14, 2009 Joint Motion to Continue Hearing Pursuant to Chapter 28-106.210 filed.
Oct. 14, 2009 Joint Motion to Continue Hearing Pursuant to Chapter 28-106.210 filed.
Oct. 01, 2009 Respondent's First Request for Production of Documents filed.
Oct. 01, 2009 Respondent's First Requests for Admissions filed.
Oct. 01, 2009 Respondent's Notice of Serving Interrogatories filed.
Sep. 14, 2009 Notice of Service of Department of Financial Services' First Set of Interlocking Discovery filed.
Aug. 27, 2009 Order Directing Filing of Exhibits
Aug. 27, 2009 Order of Pre-hearing Instructions.
Aug. 27, 2009 Notice of Hearing by Video Teleconference (hearing set for November 2 and 3, 2009; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Aug. 24, 2009 Unilateral Response to Initial Order filed.
Aug. 21, 2009 Respondent's Compliance with Initial Order filed.
Aug. 17, 2009 Initial Order.
Aug. 17, 2009 Attachment to Election of Proceeding of Alys Bernstein filed.
Aug. 17, 2009 Election of Proceeding filed.
Aug. 17, 2009 Letter to Tracey Beal from Richard Sachs regarding Richard Sachs being retained to represent Respondent.
Aug. 17, 2009 Administrative Complaint filed.
Aug. 17, 2009 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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