Feb 2 2010 15:13 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Feb, B2 2616 4:15PM PS | FILED DEC 17 2009 Docketed by JO REPRESENTING ALEX SIN CHIEF FINANCIAL OFFICER STATE OF FLORIDA IN THE MATTER OF: EDUARDO R, PRIDA, JR. CASE NO: 106873-09-AG ADMINISTRATIVE COMPLAINT TO: EDUARDO R. PRIDA, JR. 11127 42™ Road North Royal Palm Beach, Florida 33415 You, EDUARDO R. PRIDA, JR., license ILD. #£091993, 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 public adjuster in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to chapter 626, Florida Statutes, you, EDUARDO R, PRIDA, JR., are currently licensed in this state as a Public Adjuster (3-20). 2. At all times pertinent to the dates and occurrences referred to herein, you, EDUARDO R. PRIDA, JR., were licensed in this state as a public adjuster, license number E091993. 3. At all times material hereto, you, EDUARDO R. PRIDA, JR., were the President and Registered Agent of Blue Angels Public Adjusters, Inc,, a public adjusting firm located at Feb 2 2010 15:14 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Feb, B2 2616 4:15PM P4 11127 42nd Road North, Royal Palm Beach, Florida 33415 (“Blue Angels”). 4. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over your license and appointments, COUNT I 3, The above General Allegations are realleged and incorporated herein by reference. 6. On or about February 23, 2007, you, EDUARDO R. PRIDA, JR., contracted to perform public adjusting services for consumer Lidia Orgaz, of West Palm Beach, Florida, who had sustained water damage to her residence. 7. lt was Ms. Orgaz’s belief and intention that you, EDUARDO R. PRIDA, JR., were to receive ten (10) percent of the gross recovery of the claim. 8 Ms. Orgaz signed a Retainer Agreement indicating that you, EDUARDO R. PRIDA, JR., were to receive ten (10) percent of the gross recovery of the claim, 9. You, EDUARDO R. PRIDA, JR., refused, upon demand, to provide Ms. Orgaz with a copy of the signed Retainer Agreement. 10. Upon receipt of the insurance company’s check, Ms. Orgaz contacted you, EDUARDO R. PRIDA, JR., to arrange for payment for services and deposit of the check. Ms. Orgaz again demanded a copy of the signed Retainer Agreement. 11, You, EDUARDO R. PRIDA, JR. provided Ms. Orgaz with an altered Retainer Agreement, showing that you were to receive thirty (30) percent of the gross recovery of the claim. 12, At no time did Ms. Orgaz agree to pay you thirty (30) percent of the gross recovery of the claim. Feb 2 2010 15:14 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Feb, B2 2616 4:14PM PS IT IS THEREFORE CHARGED that you, EDUARDO R. PRIDA, JR, 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 licenses as a Florida insurance adjuster: (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance, [Section 626,611(7), Florida Statutes} (b) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), 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 code, [Section 626,611(13), Florida Statutes] (d) Violation of any lawful order or rule of the department, commission, or office. [Section 626.621(3), Florida Statutes] (ce) An adjuster shall handle every adjustment and settlement with honesty and integrity, and allow a fair adjustment or settlement to all parties without any remuneration to himself except that to which he is legally entitled. [Rule 69B-220.201(3\e), Florida Administrative Code] COUNT I 13. The above General Allegations are realleged and incorporated herein by reference. 14, On or about April 2, 2007, you, EDUARDO R. PRIDA, JR., contracted to perform public adjusting services for Jose Stewart, of Orlando, Florida, who had sustained water damage to his residence, 15. A Retainer Agreement dated April 2, 2007, providing for public adjusting services and provided to Mr. Stewart, contained a false signature purported to be that of Mr. Feb 2 2010 15:14 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Feb, G2 2616 84:14PM Pe Stewart as the client. 16. A second Retainer Agreement dated April 3, 2007, providing for public adjusting services prepared and submitted by you, EDUARDO R. PRIDA, JR., to INS Insurance Company, contained a false signature purported to be that of Jose Stewart as the client. Additionally, the April 3, 2007, Retainer Agrccment failed to designate a percentage of the gross recovery from the claim payable to Blue Angels. IT IS THEREFORE CHARGED that you, EDUARDO R. PRIDA, JR., 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 licenses as a Florida insurance adjuster: (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes] (b) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), 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 code. [Section 626.611(13), Florida Statutes] (d) Violation of any lawful order or rule of the department, commission, or office. [Section 626,621 (3), Florida Statutes] (e) 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] (f) Knowingly filing with any supervisory or other public official; making, publishing, disseminating, circulating; delivering to any person; placing before the public; Feb 2 2010 15:15 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Feb, G2 2616 84:14PM Pr 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] (g) Public adjusters shall ensure tbat all contracts for their services contain (he following terms...[t]he contract shall show the date the contract with the public adjuster was actually signed by the insured or claimant...]f the compensation is based on a share of the insurance settlement, the exact percentage shall be specified. [Rule 69B-220.051(6), Florida Adininistrative Code] COUNT III 17. The above General Allegations are realleged and incorporated herein by reference. 18. On or about December 12, 2005, Blue Angels was registered as a Florida corporation, 19. From the time of registration, you, EDUARDO R. PRIDA, JR., as President and Registered Agent, operated, conducted business on behalf of, and held yourself out as a representative of, Blue Angels. 20. At the time of incorporation, Blue Angels had not designated a primary adjuster, 21, Between the date of incorporation and April 3, 2008, Blue Angels operated as a public adjusting firm without a designated primary adjuster. IT 1S THEREFORE CHARGED that you, EDUARDO R. PRIDA, JR., 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 licenses as a Florida insurance adjuster: (a) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes] Feb 2 2010 15:15 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Feb, B2 2616 4:15PM Pe (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) 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 code. [Section 626.611(13), 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 ot appointment. [Section 626.621(2), Florida Statutes] (e) Each person operating an adjusting firm and each location of a multiple location adjusting firm must designate a primary adjuster for each such firm or location and must file with the department the name of such primary adjuster and the address of the firm or location where he or she is the primary adjuster, on a firm approved by the department. The designation of the primary adjuster may be changed at the option of the adjusting firm. Any such change is effective upon notification to the department. Notice of change must be sent to the department within 30 days after such change. [Section 626.8695(1), Florida Statutes} (f) An adjusting firm location may not conduct the business of insurance unless a primary adjuster is designated, Failure of the person operating the adjusting firm to designate a primary adjuster for the firm, or for cach location, as applicable, on a form prescribed by the department within 30 days after inception of the firm or change of primary adjuster designation, constitutes grounds for requiring the adjusting firm to obtain an adjusting firm license pursuant to s. 626.8696. [Section 626.8695(6), Florida Statutes] COUNT IV 22. The above General Allegations are realleged and incorporated herein by reference. Feb 2 2010 15:15 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Feb, G2 2616 G4:15PM Pa 23, Section 626.865(2), Florida Statutes, provides, in part, that at the time of application for licensure as a public adjuster, the applicant shall file with the Department a bond executed and issued by a surety insurer authorized to transact such business in this state, in the amount of $50,000, conditioned for the faithful performance of his or her dutics as a public adjuster under the license for which you applied, and thereafter maintain the bond unimpaired through the existence of the license and for at least one (1) year after termination of the license. 24. In connection with your application for licensure as a public adjuster, on October 27, 2003, you, EDUARDO R. PRIDA, JR., filed the required bond with the Department. The bond was issued by Great American Insurance Company, bond number 4010434. 25. On August 20, 2009, Great American Insurance Company issued a written notice to you, EDUARDO R. PRIDA, JR., stating that it would cancel your bond effective October 27, 2009, 26. On August 25, 2009, the Department received notice from Great American Insurance Company that it would cancel your surety bond effective October 27, 2009. 27. On August 28, 2009, the Department issued a written notice to you, EDUARDO R. PRIDA, JR., requesting that you provide an original replacement bond. 28. You, EDUARDO R. PRIDA, JR., failed to respond to the Department’s notice. 29, On October 27, 2009, Great American Insurance Company canceled your bond. 30, As of the date of the filing of this Administrative Complaint, you, EDUARDO R. PRIDA, JR., have failed to provide the Department with proof that you have secured a replacement bond. IT IS THEREFORE CHARGED that you, EDUARDO R, PRIDA, JR. have violated or ate accountable under one or more of the following provisions of the Florida Statutes or Florida Feb 2 2010 15:16 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Feb, B2 2616 4:15PM Pla Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance adjuster: (a) Failure to maintain an unimpaired surety bond. [Section 626.865(2), Florida Statutes] (b) Lack of one or more of the qualifications for the license or appointment as specified in this code, [Section 626.611(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 code. [Section 626.611(13), 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 626.621(2), Florida Statutes] WHEREFORE, you, EDUARDO R. PRIDA, JR., are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appointments as an insurance adjuster or to impose such penalties as may be provided under the provisions of Sections 626.611, 626.621, 626.681, 626.691, 626.8698, and 626.9521, 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 Julie Jones, Agency Clerk, at the Feb 2 2010 15:16 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Feb, G2 2618 @4:16PM Pil 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 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. (ec) 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, 10 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 Feb 2 2010 15:16 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Feb, G2 2616 4:16PM Pl2 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 _/ (ad day of _| Yetin bw , 2009, Tammy Tes{gn Deputy Chief Financial Officer 10

Docket for Case No: 10-000513PL