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DEPARTMENT OF FINANCIAL SERVICES vs CLYDE JANNER HOLLIDAY, III, 09-004714PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-004714PL Visitors: 32
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 AFO

FILED

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.
Apr. 18, 2011 Notice of Appeal from Final Order filed.
Jan. 03, 2011 (Agency) Final Order filed.
Oct. 26, 2010 Transmittal letter from Claudia Llado forwarding Respondent's Supplemental Exhibit numbered 1, to the agency.
Oct. 15, 2010 Recommended Order cover letter identifying the hearing record referred to the Agency.
Oct. 15, 2010 Recommended Order (hearing held June 30, 2010). CASE CLOSED.
Aug. 31, 2010 (Petitioner's) Proposed Recommended Order filed.
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).
Apr. 30, 2010 Third Joint Response to Order Granting Continuance filed.
Apr. 30, 2010 Second Joint Response to Order Granting Continuance filed.
Apr. 27, 2010 Order Granting Continuance (parties to advise status by May 7, 2010).
Apr. 27, 2010 Petitioner's Response to Respondent's Motion for Continance filed.
Apr. 27, 2010 Respondents' Unopposed Motion for Continuance filed.
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).
Mar. 15, 2010 Notice of Hearing (hearing set for April 28, 2010; 9:00 a.m.; Lakeland, FL).
Mar. 12, 2010 Joint Response to Order Granting Continuance filed.
Mar. 02, 2010 Order Granting Continuance (parties to advise status by March 15, 2010).
Mar. 02, 2010 Unopposed Motion for Continuance( signed) filed.
Mar. 02, 2010 Unopposed Motion for Continuance (unsigned) filed.
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).
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).
Feb. 11, 2010 CASE STATUS: Pre-Hearing Conference Held.
Feb. 09, 2010 T. Scott Garner Deposition Errata Sheet filed.
Feb. 09, 2010 Joseph K. Valuntas Waiver of Reading Deposition filed.
Feb. 08, 2010 Notice of Appearance (filed by M. Butler ).
Feb. 05, 2010 Respondents' Supplemental Exhibit List (exhibits not available for viewing) (complete) filed.
Feb. 05, 2010 Respondents' Supplemental Exhibit List (exhibits not available for viewing) filed.
Feb. 01, 2010 CASE STATUS: Hearing Partially Held; continued to date not certain.
Jan. 29, 2010 Respondents' Exhibit List (exhibits not attached) filed.
Jan. 28, 2010 Notice of Hearing by Video Teleconference (hearing set for February 1, 2010; 9:00 a.m.; Lakeland and Tallahassee, FL).
Jan. 28, 2010 CASE STATUS: Hearing Partially Held; continued to date not certain.
Jan. 27, 2010 Respondents Witness List filed.
Jan. 22, 2010 Deposition (of T.Scott Garner) filed.
Jan. 22, 2010 Petitioner's Supplemental List of Exhibits (exhibits not available for viewing) filed.
Jan. 22, 2010 Notice of Filing Transcript and Exhibits of Proceeding.
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).
Jan. 15, 2010 Order Granting Motion to Appear at Tallahassee Site for Video Conference Hearing.
Jan. 14, 2010 Petitioner's Motion to Appear At Tallahassee Site For Video Conference Hearing filed.
Jan. 13, 2010 Transcript filed.
Jan. 13, 2010 Notice of Filing Transcript and Exhibits of Proceeding (exhibits not available for viewing) filed.
Jan. 08, 2010 Petitioner's Witness and Exhibit List (exhibits not attached) filed.
Jan. 05, 2010 Amended Notice of Taking Deposition (of T. Garner) filed.
Dec. 29, 2009 Notice of Appearance (of S. Dennis) filed.
Dec. 29, 2009 Notice of Appearance (of S. Dennis) filed.
Dec. 18, 2009 Deposition Under Oral Examination of Joseph K. Valuntas filed.
Dec. 18, 2009 Notice of Filing Transcript of Proceedings filed.
Dec. 16, 2009 Notice of Taking Deposition filed.
Dec. 15, 2009 Deposition of Donald Kaitz filed.
Dec. 15, 2009 Notice of Filing Transcript of Proceeding filed.
Dec. 09, 2009 Amended Notice of Taking Deposition filed.
Dec. 09, 2009 Notice of Taking Deposition filed.
Dec. 08, 2009 Notice of Appearance as Co-counsel (of D. Busch) filed.
Dec. 03, 2009 Deposition of Carla K. Jinks filed.
Dec. 03, 2009 Notice of Filing Transcript of Proceeding filed.
Nov. 17, 2009 Order Granting Continuance and Re-scheduling Hearing (hearing set for January 28 and 29, 2010; 9:00 a.m.; Lakeland, FL).
Nov. 10, 2009 Petitioner's Amended Notice of Taking Deposition (of J. Valuntas) filed.
Nov. 09, 2009 Notice of Limited Appearance (of D. Busch) filed.
Nov. 05, 2009 Notice of Taking Deposition (of J. Valuntas) filed.
Nov. 05, 2009 Notice of Taking Deposition (of D. Kaitz) filed.
Nov. 04, 2009 Notice of Taking Deposition filed.
Nov. 02, 2009 Motion to Reschedule Final Hearing Dates filed.
Oct. 15, 2009 Order of Pre-hearing Instructions.
Oct. 15, 2009 Notice of Hearing (hearing set for December 9 and 10, 2009; 9:00 a.m.; Lakeland, FL).
Oct. 15, 2009 Order Granting Motion to Consolidate and Canceling Hearing (DOAH Case Nos. 09-4714PL and 09-5323PL).
Sep. 09, 2009 Order of Pre-hearing Instructions.
Sep. 09, 2009 Notice of Hearing (hearing set for November 19, 2009; 9:00 a.m.; Lakeland, FL).
Sep. 04, 2009 Letter to Sarah from C. Holliday, III regarding the department's complaint filed.
Sep. 03, 2009 Petitioner's Response to Initial Order filed.
Aug. 27, 2009 Initial Order.
Aug. 27, 2009 Administrative Complaint filed.
Aug. 27, 2009 Election of Proceeding filed.
Aug. 27, 2009 Agency referral filed.

Orders for Case No: 09-004714PL
Issue Date Document Summary
Dec. 30, 2010 Agency Final Order
Oct. 15, 2010 Recommended Order 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.
Source:  Florida - Division of Administrative Hearings

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