Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: CLYDE JANNER HOLLIDAY, III
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Financial Services
Locations: Lakeland, Florida
Filed: Aug. 27, 2009
Status: Closed
Recommended Order on Friday, October 15, 2010.
Latest Update: Jun. 17, 2011
Summary: The issues in this case are whether Respondents violated Subsections 626.611(7), 626.611(9), 626.611(10), and 626.611(13), Florida Statutes (2008),1 and, if so, what discipline should be imposed.Wholesale brokers collected premiums from retail agents, but failed to remit the premiums to the insurance company or the program managers for the insurance company.
09004714 AFOFILED
DEC 3 0 2010
I\EPR ENTING
ALEX SINK
CHIEF FINANCIAL OFFICF,R
STATE OF FLORIDA
Docketed by 0LL0
IN THE MATTER OF
CLYOE JANNER HOLLIDAY, III,
and
CLYDE JANNER HOLLIDAY, IV.
---------------- I
CASE NO: 105246-09-AG
CASENO: 105247-09-AG
FINAL ORDER
THIS CAUSE came on before Alex Sink, as Chief Financial Officer, for consideration of and final agency action on a Recommended Order (attached as Exhibit A) dated October 15, 2010, entered by Administrative Law Judge, Susan B. Harrell, after a formal hearing was conducted pursuant to Section 120.57(1), Florida Statutes, on January 28, February 1, and February 22, 2010, by video teleconference in Tallahassee and Lakeland, Florida, and on June 30, 2010, in Lakeland, Florida. No exceptions were filed.
Therefore, after review of the record, including admitted exhibits, and being otherwise fully apprised in all material premises,
IT IS HEREBY ORDERED that the Findings of Fact of the Administrative Law Judge are adopted in full and incorporated herein by reference as the Department's Findings of Fact, and the Conclusions of Law reached by the Administrative Law Judge are adopted in full and incorporated herein by reference as the Department's Conclusions of Law.
Filed January 3, 2011 1:34 PM Division of Administrative Hearings
IT IS HEREBY FURTHER ORDERED that the Recommendation made by the Administrative Law Judge is adopted by the Department, and the licenses held by CLYDE JANNER HOLLIDAY, III, and CLYDE JANNER HOLLIDAY, IV, are REVOKED.
DONE and ORDERED this-3..O day ofuCeO:\b , 2010.
M Ll-
, , MICHAEL W. CARLSON
Deputy Chief of Staff
NOTICE OF RIGHTS
Any pa.,y to these proceedings adversely affected by this Order is entitled to seek review of this Order pursuant to Section 120.68, Florida Statutes, and Rule 9.110, Florida Rules of Appellate Procedure. Review proceedings must be instituted by filing a petition or notice of appeal with Julie Jones, DFS Agency Clerk, Department of Financial Services, 612 Larson Building, 200 E. Gaines Street, Tallahassee, Florida 32399-0390 and a copy of the same with the appropriate District Court of Appeal within thirty (30) days of rendition of this Order.
Copies furnished to:
Sarah H. Dennis, Esquire 411 Lithia Pinecrest Road Brandon, Florida 33511
Susan B. Harrell Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
David J. Busch, Esquire Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333
Melinda Hilton Butler, Esquire Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333
Docket for Case No: 09-004714PL
Issue Date |
Proceedings |
Jun. 17, 2011 |
Motion for Reconsideration of Order of Dismissal filed.
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Apr. 18, 2011 |
Notice of Appeal from Final Order filed.
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Jan. 03, 2011 |
(Agency) Final Order filed.
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Oct. 26, 2010 |
Transmittal letter from Claudia Llado forwarding Respondent's Supplemental Exhibit numbered 1, to the agency.
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Oct. 15, 2010 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Oct. 15, 2010 |
Recommended Order (hearing held June 30, 2010). CASE CLOSED.
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Aug. 31, 2010 |
(Petitioner's) Proposed Recommended Order filed.
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Jul. 19, 2010 |
Transcript of Proceedings filed. |
Jun. 30, 2010 |
CASE STATUS: Hearing Held. |
May 10, 2010 |
Notice of Hearing (hearing set for June 30, 2010; 9:00 a.m.; Lakeland, FL).
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Apr. 30, 2010 |
Third Joint Response to Order Granting Continuance filed.
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Apr. 30, 2010 |
Second Joint Response to Order Granting Continuance filed.
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Apr. 27, 2010 |
Order Granting Continuance (parties to advise status by May 7, 2010).
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Apr. 27, 2010 |
Petitioner's Response to Respondent's Motion for Continance filed.
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Apr. 27, 2010 |
Respondents' Unopposed Motion for Continuance filed.
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Apr. 21, 2010 |
Amended Notice of Hearing by Video Teleconference (hearing set for April 28, 2010; 9:00 a.m.; Lakeland and Tallahassee, FL; amended as to video teleconference and hearing locations).
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Mar. 15, 2010 |
Notice of Hearing (hearing set for April 28, 2010; 9:00 a.m.; Lakeland, FL).
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Mar. 12, 2010 |
Joint Response to Order Granting Continuance filed.
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Mar. 02, 2010 |
Order Granting Continuance (parties to advise status by March 15, 2010).
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Mar. 02, 2010 |
Unopposed Motion for Continuance( signed) filed.
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Mar. 02, 2010 |
Unopposed Motion for Continuance (unsigned) filed.
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Feb. 24, 2010 |
Transcript filed. |
Feb. 23, 2010 |
Notice of Hearing by Video Teleconference (hearing set for March 3, 2010; 9:00 a.m.; Lakeland and Tallahassee, FL).
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Feb. 22, 2010 |
CASE STATUS: Hearing Partially Held; continued to March 3, 2010; 9:00 a.m.; Lakeland, FL. |
Feb. 12, 2010 |
Notice of Hearing by Video Teleconference (hearing set for February 22, 2010; 9:00 a.m.; Lakeland and Tallahassee, FL).
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Feb. 11, 2010 |
CASE STATUS: Pre-Hearing Conference Held. |
Feb. 09, 2010 |
T. Scott Garner Deposition Errata Sheet filed.
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Feb. 09, 2010 |
Joseph K. Valuntas Waiver of Reading Deposition filed.
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Feb. 08, 2010 |
Notice of Appearance (filed by M. Butler ).
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Feb. 05, 2010 |
Respondents' Supplemental Exhibit List (exhibits not available for viewing) (complete) filed.
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Feb. 05, 2010 |
Respondents' Supplemental Exhibit List (exhibits not available for viewing) filed.
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Feb. 01, 2010 |
CASE STATUS: Hearing Partially Held; continued to date not certain. |
Jan. 29, 2010 |
Respondents' Exhibit List (exhibits not attached) filed.
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Jan. 28, 2010 |
Notice of Hearing by Video Teleconference (hearing set for February 1, 2010; 9:00 a.m.; Lakeland and Tallahassee, FL).
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Jan. 28, 2010 |
CASE STATUS: Hearing Partially Held; continued to date not certain. |
Jan. 27, 2010 |
Respondents Witness List filed.
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Jan. 22, 2010 |
Deposition (of T.Scott Garner) filed.
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Jan. 22, 2010 |
Petitioner's Supplemental List of Exhibits (exhibits not available for viewing) filed.
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Jan. 22, 2010 |
Notice of Filing Transcript and Exhibits of Proceeding.
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Jan. 15, 2010 |
Amended Notice of Hearing by Video Teleconference (hearing set for January 28 and 29, 2010; 9:00 a.m.; Lakeland and Tallahassee, FL; amended as to video teleconference and Tallahassee location).
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Jan. 15, 2010 |
Order Granting Motion to Appear at Tallahassee Site for Video Conference Hearing.
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Jan. 14, 2010 |
Petitioner's Motion to Appear At Tallahassee Site For Video Conference Hearing filed.
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Jan. 13, 2010 |
Transcript filed. |
Jan. 13, 2010 |
Notice of Filing Transcript and Exhibits of Proceeding (exhibits not available for viewing) filed.
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Jan. 08, 2010 |
Petitioner's Witness and Exhibit List (exhibits not attached) filed.
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Jan. 05, 2010 |
Amended Notice of Taking Deposition (of T. Garner) filed.
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Dec. 29, 2009 |
Notice of Appearance (of S. Dennis) filed.
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Dec. 29, 2009 |
Notice of Appearance (of S. Dennis) filed.
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Dec. 18, 2009 |
Deposition Under Oral Examination of Joseph K. Valuntas filed.
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Dec. 18, 2009 |
Notice of Filing Transcript of Proceedings filed.
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Dec. 16, 2009 |
Notice of Taking Deposition filed.
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Dec. 15, 2009 |
Deposition of Donald Kaitz filed.
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Dec. 15, 2009 |
Notice of Filing Transcript of Proceeding filed.
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Dec. 09, 2009 |
Amended Notice of Taking Deposition filed.
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Dec. 09, 2009 |
Notice of Taking Deposition filed.
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Dec. 08, 2009 |
Notice of Appearance as Co-counsel (of D. Busch) filed.
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Dec. 03, 2009 |
Deposition of Carla K. Jinks filed.
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Dec. 03, 2009 |
Notice of Filing Transcript of Proceeding filed.
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Nov. 17, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for January 28 and 29, 2010; 9:00 a.m.; Lakeland, FL).
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Nov. 10, 2009 |
Petitioner's Amended Notice of Taking Deposition (of J. Valuntas) filed.
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Nov. 09, 2009 |
Notice of Limited Appearance (of D. Busch) filed.
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Nov. 05, 2009 |
Notice of Taking Deposition (of J. Valuntas) filed.
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Nov. 05, 2009 |
Notice of Taking Deposition (of D. Kaitz) filed.
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Nov. 04, 2009 |
Notice of Taking Deposition filed.
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Nov. 02, 2009 |
Motion to Reschedule Final Hearing Dates filed.
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Oct. 15, 2009 |
Order of Pre-hearing Instructions.
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Oct. 15, 2009 |
Notice of Hearing (hearing set for December 9 and 10, 2009; 9:00 a.m.; Lakeland, FL).
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Oct. 15, 2009 |
Order Granting Motion to Consolidate and Canceling Hearing (DOAH Case Nos. 09-4714PL and 09-5323PL).
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Sep. 09, 2009 |
Order of Pre-hearing Instructions.
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Sep. 09, 2009 |
Notice of Hearing (hearing set for November 19, 2009; 9:00 a.m.; Lakeland, FL).
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Sep. 04, 2009 |
Letter to Sarah from C. Holliday, III regarding the department's complaint filed.
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Sep. 03, 2009 |
Petitioner's Response to Initial Order filed.
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Aug. 27, 2009 |
Initial Order.
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Aug. 27, 2009 |
Administrative Complaint filed.
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Aug. 27, 2009 |
Election of Proceeding filed.
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Aug. 27, 2009 |
Agency referral filed.
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Orders for Case No: 09-004714PL
Issue Date |
Document |
Summary |
Dec. 30, 2010 |
Agency Final Order
|
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Oct. 15, 2010 |
Recommended Order
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Wholesale brokers collected premiums from retail agents, but failed to remit the premiums to the insurance company or the program managers for the insurance company.
|