Dec 2 2009 13:23 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec. G2 26639 B2:25PM PS FILED : 3 AUG 20 2009 ) ALEX SINK CHIEF. FINANCIAL OFFICER Docketed by 00 ‘ATE OF FLORIDA _ INTHE MATTER OF: CASE NO.: 104557-09-AG PEDRO E, IRIARTE eer ntettncrenerenrenenrensnnittranf ADMINISTRATIVE COMPLAINT PEDRO B, IRIARTE . C/O Irwin G, Lichter, Bag, 321 Northeast 26th St Miami, FL, 33137 PEDRO E. IRIARTE 5920 SW 32nd Street Miami, PL, 33155 You, PEDRO B IRIARTE, license 1.D. # 1064749, 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 an insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS Pursuant to Chapter 626, Florida Statutes, you, Pedro E. Irlarte, are currently licensed in this state as a public adjuster. 1, Atal times pertinent to the dates and occurrences referred to herein, you, PEDRO B. IRIARTE, were licensed in this state as a public adjuster. Dec 2 2009 13:23 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec. G2 2669 B2:25PM P4 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Finmotal Services (“Department”) has jurisdiction over your insurance licenses and appointments. 3 The above general allegations are hereby tealleged and fully incorporated herein by reference. ) 4, On or about May 3, 2004, while holding a Florida insurance license, you, PEDRO B, IRIARTE, in the Ciroult Court in and for Miami-Dade County, Florida, were charged with Unlawful Driving as a Habitual Traffic Offender, a folony, 45. On June 30, 2004, in the Circuit Cowt in and for Miami-Dade County, Florida, you, PEDRO E. IRIARTE, pled guilty to Unlawful Driving as 4 Habitual Traffic Offender, a felony. Adjudication of guilt was withheld. You, PEDRO E. IRIARTE, were sentenced to one year probation, 50 hours of community service, restitution in the amount of $3000, and court conte, IT IS THEREFORE CHARGED that you, PEDRO E. IRIARTE, have: violated or ate 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 licenses - aga Florida insurance agent: ; (a) “Having been found guilty of or having pleaded guilty or nolo contendore to a felony or 4 crime punishable by imprisonment of | year or more under the law of the United States of America or of any state thereof or under the law of any other country which involves moral turpitude, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases, [Section 626.61 1(14), Florida Statutes] (b) . Having been. found guilty of or having pleaded guilty or nolo contendere to a felony or a crime punishable by imprisonment of 1 year or more under the law of the United 2 Dec 2 2009 13:23 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Dec. G2 2663 B2:25PM PS States of America or of any state thereof or under the law of any other country, without regard to whether a judgment of conviction has been entered by the court having Jurisdiction of such cases, [Section 626.621(8), Florida Statutes] ) ) COUNT. 6 The above general allegations are hereby realleged and fully incorporeted here by reference, ) 7. On June 30, 2004, in the Circuit Court in and for Miami-Dade County, Florida, you, PEDRO E. IRIARTE, pled guilty to Unlawful Driving ‘as a Habitual Traffic Offender, a felony. , 8 You, PEDRO E. IRIARTE, failed to inform the Department in writing within thirty (30) days after having pled guilty to said felony, = IT IS THEREFORE CHARGED that you, PEDRO E. IRIARTE, have violated of are accountable under one or more of the following provisions of the Florida Statutes or Florida "Administrative Code, which constitute gcounds for the suspension or revocation of your licenses as a Florida insurance agent: (a) 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. [Seotion 626,621(2), Florida Statutes] , _ (b) Failure to inform the department in writing within thirty (30) days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony or a crime punishable by imprisonment of 1 year or more under the law of the United States or any state thereof, or tnder the law of any other country without regard to whether a judgment of conviction has been entered by the court having jurisdiction of the case. [Section 626,621(11), Florida Statutes) , Dec 2 2009 13:23 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec. G2 26639 2:24PM Pe WHEREFORE, you, PEDRO E, IRIARTR, ate hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your Heenges and appointments gs ‘an insurance agent or to impose such peneltics ag may be provided under the provisions of Sections 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 Administritive 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 procecding 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 Blection of Proceeding form and/or a petition for administrative heating will suffice as a written request, The request must be filed with Tracey Beal, DFS Agenoy Clerk, at tho Florida Department of Financial Services, 612 Larson Building, 200 Bast Gaines Strect, Tallahassee, Florida 32399-0390, Your written response must be secoived by the Department-no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the reaponse 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 Dec 2 2009 13:24 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Dec. G2 2663 B2:24PM Pr Election of Proceeding form conforma to these requirements. Specifically, your response must contain; ) ) (a) ‘The name, address, and telephone number, and facaimnile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the respondent"), ) (b) - The namo, address, telephone number, facaimile number of the attorney ot ' 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 facte that are in dispute, ‘If there are none, the petition must 80 indicate, (4) A atatement of when the respondent received notice of the administrative complaint. (8) A statement including the file number of 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 arguitient, 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 1s 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 if opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department haa relied, While 2 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. Dec 2 2009 13:24 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec. G2 2669 2:24PM Pe However, if you dispute material, facts which are the basis for the Department's actlon, 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 mefority of witnesses are located elsewhere, the Department will request that the hearing be conduoted 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 aa set out above. Mediation of this matter pursuant to Section 120.573, Florida Statutes, is not available, No Department attorney will disouss this matter with you until the response has been received by the Department, DATED and SIGNED 1X0 steey of , 2009, Pirsig htnton TAMMY TES Deputy Chief Financial Officer Dec 2 2009 13:24 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Dec. G2 2669 B2:25PM Po J HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT atid BLECTION OF PROCEEDING has beon furnished to: PEDRO B, IRIARTE, at C/O Irwin G, Lichter, Bag,, 321 Northeast 26th St, Miami, FL 33137; PEDRO B. IRIARTR, 5920 SW 32nd Street, Miami, FL, 33153; by Certified Mail this ay rllagubt 09. Robert Alan Fox Senior Attorhoy Department of Financial Services Division of Legal Services 612 Larson Building 200 Bast Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4227

Docket for Case No: 09-006600PL