CHrEF FINANCIAL OFFICER
JEFF ATWATER
STATE OP FLORIDA
. FEB O 1 2011
IN THE MATTER OF:
CASE NO.: 109402-10-AG
ROBERT L. LOPEZ
- - - - - - - - - - - - - - - - I
ADMINISTRATIVE COMPLAINT
TO: ROBERT L. LOPEZ
3585 SW 129th Avenue Miami, FL 33175
ROBERT L. LOPEZ
Florida Claims Experts, Inc. 250 Catalonia Avenue, #801 Coral Gables, FL 33134
You, ROBERT L. LOPEZ, license I.D. # D045027, are hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of your activities while your license as a public adjuster in this state was suspended, as a result of which it is alleged:
GENERAL ALLEGATIONS
Pursuant to Chapter 626, Florida Statutes, the Florida Depaitment of Financial Services ("Department") has jurisdiction over public adjuster licenses and appointments.
Filed March 7, 2011 2:49 PM Division of Administrative Hearings
At all times pertinent to the dates and occurrences referred to herein, you, ROBERT L. LOPEZ, held a suspended public adjuster license in this state.
This license was suspended after you, ROBERT L. LOPEZ, agreed to a Consent Order, issued on February 11, 2009, suspending your license for nine months.
While the suspension period has ended, the Consent Order stated that your license would remain suspended until an application for reinstatement was granted by the Department.
To date, you, ROBERT L. LOPEZ, have not filed such an application with the Department.
Florida Claims Experts, Inc. (Florida Claims Experts) is an active Florida corporation, Document Number P02000128213, FEJN/EIN Number 270039821.
Florida Claims Experts is an insurance adjusting company.
COUNT!
The above general allegations are hereby realleged and fully incorporated herein by reference.
In the aforementioned Consent Order entered by the Department on February 11, 2009, you, ROBERT L. LOPEZ, specifically agreed that during your period of suspension, you shall not engage in or attempt or profess to engage in any transaction or business for which a license or appointment is required under the Insurance Code or directly or indirectly own, control, or be employed, in any manner by any insurance agent or agency or adjuster or adjusting firm.
You, ROBERT L. LOPEZ, acted as the Director of Florida Claims Experts from February 11, 2009 to June 17, 2009.
I1. You, ROBERT L. LOPEZ, acted as President of Florida Claims Experts from at least March 19, 2009 to September 16, 2009.
You, ROBERT L. LOPEZ, acted and continue to act as the Primary Adjuster of Florida Claims Experts.
You, ROBERT L. LOPEZ, opened a bank account at Mercantile Bank for Florida Claims Experts for which you were the sole signatory on May 12, 2009.
IT IS THEREFORE CHARGED that you, ROBERT L. LOPEZ, 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 as a Florida public adjuster:
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 I(7), Florida Statutes];
Demonstrated lack of reasonably adequate lmowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 626.611(8), Florida Statutes];
Engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes];
Willfully failed to comply with, or willfully violated, any proper order or rule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes];
Violated provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Sections 626.621(2), and 626.8698(1) Florida Statutes];
Violated lawful orders or rules of the depaitment, commission, or office. [Sections 626.621(3), and 626.8698(1) Florida Statutes].
COUNT II
The above general allegations are hereby realleged and fully incorporated herein by reference.
On February 11, 2009, Gulfstream Property and Casualty Insurance Company (Gulfstream) issued a settlement check to insureds Oscar and Adriana Aguila, Citi Mortgage, and Florida Claims Experts.
You, ROBERT L. LOPEZ, endorsed this check on behalf of Florida Claims Experts.
IT IS THEREFORE CHARGED that you, ROBERT L. LOPEZ, 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 as a Florida public adjuster:
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes];
Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions autho ized by the license or appointment. [Section 626.611(8), Florida Statutes];
Engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes];
Willfully failed to comply with, or willfully violated, any proper order or rule of the department or willful violation of any provision of this code. [Section
626.61 I (13), Florida Statutes];
Violated provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Sections 626.621(2), and 626.8698(1) Florida Statutes];
Violated lawful orders or rules of the department, comm1ss10n, or office. [Sections 626.621(3), and 626.8698(1) Florida Statutes].
COUNT III
The above general allegations are hereby realleged and fully incorporated herein by reference.
On or about March 5, 2009, you, ROBERT L. LOPEZ, notified First Home Insurance that Florida Claims Experts was authorized to represent Caridad Bermudez to adjust and negotiate an insurance claim for the loss of damages caused by water damage to his property.
In that notice, you, ROBERT L. LOPEZ, identified yourself as a public insurance adjuster.
On March 5, 2009, First Home Insurance issued a settlement check dated March 5, 2009, payable to insured Caridad Bermudez, Citi Mortgage, and Florida Claims Experts.
You, ROBERT L. LOPEZ, endorsed this check as President of Florida Claims Experts.
IT IS THEREFORE CHARGED that you, ROBERT L. LOPEZ, 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 as a Florida public adjuster:
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes];
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];
Engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes];
Willfully failed to comply with, or willfully violated, any proper order or rule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes];
Violated provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Sections 626.621(2), and 626.8698(1) Florida Statutes];
Violated lawful orders or rules of the department, comm1ss10n, or office. [Sections 626.621(3), and 626.8698(1) Florida Statutes].
COUNTIV
The above general allegations are hereby realleged and fully incorporated herein by reference.
On March 19, 2009, Olympus Insurance Company issued a settlement check to insureds Pedro P. Sardina and Alina Ochoa, Countrywide Home Loans, and Florida Claims Experts.
You, ROBERT L. LOPEZ, endorsed this check as President of Florida Claims Experts.
IT IS THEREFORE CHARGED that you, ROBERT L. LOPEZ, 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 as a Florida public adjuster:
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes];
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];
Engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes];
Willfully failed to comply with, or willfully violated, any proper order or rule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes];
Violated provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Sections 626.621(2), and 626.8698(1) Florida Statutes];
Violated lawful orders or rules of the department, commission, or office. [Sections 626.621(3), and 626.8698(1) Florida Statutes].
COUNTY
The above general allegations are hereby realleged and fully incorporated herein by reference.
On April 30, 2009, Gulfstream issued a settlement check to insured Juan Gutierrez, Bank of America, and Florida Claims Experts.
You, ROBERT L. LOPEZ, endorsed this check as President of Florida Claims Expe1ts.
IT IS THEREFORE CHARGED that you, ROBERT L. LOPEZ, 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 as a Florida public adjuster:
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes];
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];
Engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes];
Willfully failed to comply with, or willfully violated, any proper order or rule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes];
Violated provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Sections 626.621(2), and 626.8698(1) Florida Statutes];
Violated lawful orders or rules of the department, commission, or office. [Sections 626.621(3), and 626.8698(1) Florida Statutes].
COUNT VI
The above general allegations are hereby realleged and fully incorporated herein by reference.
On April 13, 2009, Olympus Insurance Company issued a settlement check to insureds Roberto Barrabi and Oslayoa Castellanos, GMAC Mortgage, and Florida Claims Experts.
You, ROBERT L. LOPEZ, endorsed this check as President of Florida Claims Experts.
IT IS THEREFORE CHARGED that you, ROBERT L. LOPEZ, 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 as a Florida public adjuster:
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes];
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];
Engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes];
Willfully failed to comply with, or willfully violated, any proper order or rule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes];
Violated provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. (Sections 626.621(2), and 626.8698(1) Florida Statutes];
Violated lawful orders or rules of the department, commission, or office. [Sections 626.621(3), and 626.8698(1) Florida Statutes].
COUNT VII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On May 11, 2009, St. John's Insurance Company, Inc. issued a settlement check for insured Maite Reyes, Chase Home Finance, and Florida Claims Experts.
You, ROBERT L. LOPEZ, endorsed this check as President of Florida Claims Experts.
IT IS THEREFORE CHARGED that you, ROBERT L. LOPEZ, 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 a d appointment as a Florida public adjuster:
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes];
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];
Engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes];
Willfully failed to comply with, or willfully violated, any proper order or rule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes];
Violated provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Sections 626.621(2), and 626.8698(1) Florida Statutes];
Violated lawful orders or rules of the department, commission, or office. [Sections 626.621(3), and 626.8698(1) Florida Statutes].
COUNT VIII
The above general allegations are hereby realleged and fully incorporated herein by reference.
On July 29, 2009, First Home Insurance Company issued a settlement check to insured Nuria Martienez, Washington Mutual Bank, and Florida Claims Experts.
This check was endorsed to a Florida Claims Experts' bank account at Mercantile Bank, for which you, ROBERT L. LOPEZ, are a sole signatory.
IT IS THEREFORE CHARGED that you, ROBERT L. LOPEZ, 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 as a Florida public adjuster:
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes];
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];
Engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes];
Willfully failed to comply with, or willfully violated, any proper order or rule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes];
Violated provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Sections 626.621(2), and 626.8698(1) Florida Statutes];
Violated lawful orders or rules of the department, commission, or office. [Sections 626.621(3), and 626.8698(1) Florida Statutes].
COUNT IX
The above general allegations are hereby realleged and fully incorporated herein by reference.
On September 16, 2009, Gulfstream issued a settlement check to insureds Maritza Cuellar and Emilio Morales, Washington Mutual Bank, and Florida Claims Experts.
This check was endorsed to a Florida Claims Experts' bank account at Mercantile Bank, for which you, ROBERT L. LOPEZ, are a sole signatory.
IT IS THEREFORE CHARGED that you, ROBERT L. LOPEZ, 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 as a Florida public adjuster:
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes];
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];
Engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes];
Willfully failed to comply with, or willfully violated, any proper order or rule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes];
Violated provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Sections 626.621(2), and 626.8698(1) Florida Statutes];
Violated lawful orders or rules of the department, commission, or office. [Sections 626.621(3), and 626.8698(1) Florida Statutes].
COUNTX
The above general allegations are hereby realleged and fully incorporated herein by reference.
On September 16, 2009, Gulfstream issued a settlement check to insmeds Lazaro and Barbaro J. Galan, Aurora Loan Services, and Florida Claims Experts.
You, ROBERT L. LOPEZ, endorsed this check as President of Florida Claims Experts.
IT IS THEREFORE CHARGED that you, ROBERT L. LOPEZ, 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 as a Florida public adjuster:
Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes];
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];
Engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes];
Wi11fully failed to comply with, or willfully violated, any proper order or rule of the department or wi11ful violation of any provision of this code. [Section 626.611(13), Florida Statutes];
Violated provisions of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Sections 626.621(2), and 626.8698(1) Florida Statutes];
Violated lawful orders or. rules of the department, commission, or office. [Sections 626.621(3), and 626.8698(1) Florida Statutes].
WHEREFORE, you, ROBERT L. LOPEZ, are hereby notified that the Chief Financial Officer, through her designee, intends to enter an order suspending or revoking any license and appointment issued to you pursuant to the Florida Insurance Code or to impose such penalties as may be provided under the provisions of Sections 624.310, 626.611, 626.621, 626.681, 626.691,
626.692, 626.9521, 626.9581, and 626.8698, 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 an administrative hearing wi11 suffice as a written request. The request must be filed with Julie Jones, DFS Agency Clerk, at the 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 A CEASE AND DESIST ORDER, A REMOVAL ORDER, AND 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:
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").
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.
A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate.
A statement of when the respondent received notice of the administrative complaint.
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 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 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 day of £ehYLlliw<_j
Robe1t C. Kneip
Chief of Staff
, 2011.
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES
IN THE MATIER OF:
CASE NO.: 109402-10-AG
ROBERT L. LOPEZ
ELECTION OF PROCEEDING
I have received and have read the Administrative Complaint filed by the Florida Department of Financial Services
)
( 11Department11 against me, including the Notice of Rights contained therein, and I understand my options. I am requesting
disposition of this matter as indicated below. (CHOOSE ONE)
I. [ ] I do not dispute any of the Department's factual allegations and I do not desire a hearing. I understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my licenses and appointments as may be appropriate.
I do not dispute any of the Depa11mcnt's factual allegations and I hereby elect a proceeding to be conducted in accordance with Section 120.57(2), Florida Statutes. In this regard, I desire to:
[ ] Submit a written statement and documentary evidence in lieu of a hearing; or
[ ] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or [ ] Attend that same hearing by way of a telephone conference call.
[ ] I do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to Section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. I have attached to this election form the information required by Rule 28R I06.2015, Florida Administrative Code, as specified in subparagraph (c} of the Notice of Rights. Specifically, I have identified the disputed issues of material fact.
TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT.
The address for filing is: Julie Jones, DFS Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333.
Signature Print Name
Date Administrative
Complaint Received: _
Ifyou are represented by an attorney or qualified representative, please attach to this election form his or her name, address, telephone and fax numbers
Address:
Phone No.:
Fax No.:
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 the following by
Certified Mail this l?t day of Fe\t>rvc...1r
ROBERT L. LOPEZ
3585 SW 129thAvenue
Miami, FL 33175
ROBERT L. LOPEZ
Florida Claims Experts, Inc. 250 Catalonia Avenue, #801 Coral Gables, FL 33134
EDUARDO GOMEZ, ESQ.
ALVAREZ CARBONELL & GOMEZ. P.L.
2330 Ponce de Leon Blvd., Suite 201 Coral Gables, Florida 33134
,2011.
Regina Ke\pan Senior Attorney
Florida Bar No. 0634948
Florida Department of Financial Services Division of Legal Services
200 East Gaines Street, 612 Larson
Tallahassee, Florida 32399-0333
Tel: (850) 413-4236
Fax: (850) 488-0697
Attorney for Depmtment