FROM :DEPT OF FINANCIAL SERVICES
IN THE MATTER OF:
SANDRA MARIA SEGURA
FAX NO. :8504874907
CHIBF FINANCIAL OFFICHR
JEFF ATWATER
STATE OF FWRIDA
Jun 8 2011 8:43
Jun. 08 2011 08:42AM P7
MAR I 'I 2011
CASE NO. 113748-11-AG
ADMINISTRATIVE COMPLAINT
TO: SANDRA MARIA SEGURA
540 SE 6n1 Street
Hialeah, Florida 33010-5354
You, SANDRA MARIA SEGURA, are hereby notified that pursuant to Chapter 626, Flodda Statutes, 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:
QENERAL ALLEGATIONS
You, SANDRA MARIA SEGURA, are currently licensed in the state as a life, including variable annuity agent; general lines insurance agent; and as a health insurance agent.
At· all times pertinent to the dates and occurrences referred to in this Administrative Complaint you, SANDRA MARIA SEGURA, were licensed as an insurance agent in this state.
At all times pertinent to the dates and occurrences referred to in this Administrative Complaint, you, SANDRA MARIA SEGURA, were an officer and director of
FROM :DEPT OF FINANCIAL SERVICES FAX NO. :8504874907
Jun 8 2011 8:43
J n. 08 2011 08:43AM PB
F.M, La Madrid Insurance, Inc,, a Florida incorporated insurance agency (hereinafter La Madrid). You, SANDRA MARIA SEGURA, had control ovet· the corporate bank account. Pursuant to Section 626.734, Florida Statutes; you, SANDRA MARIA SEGURA, are personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any pro isions of the Insurance Code committed by either you or anyone else under your direct supervision and control while acting on behalf of the corporation.
At all times pertinent to the dates and occurrences referred to in this
· Administrative Complaint, all funds received by La Madrid and SANDRA MARIA SEGURA, pursuant to Section 626.561, Florida Statutes, from consumers or on behalf of consumers were trust funds received in a fiduciary capacity and were to be paid over to persons entitled thereto in
the regular course of business.
5, At all times pertinent to the dates and occurrences referred to in this Administrative Complaint, a· contractual relationship existed between La Madrid and U.S. Security Insurance Company. ("U.S. Security") Pursuant to the contract all premiums received were held in a fiduciary capacity and were to be remitted to U.S. Security immediately upon receipt.
COUNT!
Paragraphs one through five are realleged and incorporated herein by reference.
On or about April 14, 2008, SANDRA MARIA SEGURA, 1·eceivcd $501.93 from Hector R. Chinea, formerly of Miami, Florida, a Florida insurance consumer. This sum was intended to be a six month premium payment on a motor vehicle insurance policy, to be issued by U.S. Security. On or about October 23, 2009, SANDRA MARIA SEGURA received an
FROM :DEPT OF FINANCIAL SERVICES FAX NO. :8504874907
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additional $501.00 from Hector R. Chinea. This was intended to be an additional six month premium payment on the previously mentioned motor vehicle insurance policy.
SANDRA MARIA SEGURA failed to promptly remit either one of the above• described $501.00 premium payments receive!l from Hector R. Chinea to U.S. Security or any insurer entitled thereto, but rather retained the total payments of $1002.00 in fiduciary funds for
her own use and benefit. Hector R. Chinea failed to receive the requested insurance, despite numerous representations from SANDRA MARIA SEGURA that a policy had been issued and was in force.
U.S. Security has extended coverage to Hector R. Chinea and now stands in his place. Demand hmi been made for payment of the premiums, but SANDRA MARIA SEGURA, has ref qed same.
SANDRA MARIA SEGURA has knowingly and willingly misappropriated, converted or wrongfully withheld an insurance premium belonging to insurers or to an insured received in conduct of business under her license. Demand was made for payment of the premium payments, but which SANDRA MARIA SEGURA has foiled to do o.
SANDRA MARIA SEGURA has converted, misappropriated, or wrongfully withheld money belonging to an insurer and an insured.
IT IS THEREFORE CHARGED that you, SANDRA MARIA SEGURA, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your insurance licenses and eligibility for Hcensure:
. Section 626.561, Florida Statutes, which provides that all premiums, return premiums, or other funds belonging to insurers, insureds, or others received by an agent under
FROM :DEPT OF FINANCIAL SERVICES FAX NO. :8504874907
Jun 8 2011 8:44
Jun. 08 2011 08:4JAM P10
his license are trust funds received by the licensee in a fiduciary capacity. The licensee in the regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto.
Section 626.611(7), Florida Statutes, which provides that it is a. violation for m1y applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance.
Section 626.611(9), Florida Statutes, which provides iliat it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in_ the conduct of business under ilie license or appointment.
Section 626.611(10), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or mrumging general agent to misappropriate, convert, or unlawfully withhold moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license or appointment.
Section 626.611(13), Florida Statutes, which provides that it is a violation for any
applicant, agent, titie agency, adju. ter, customer _ representative, service representative,· or managing general agent to willfully fail to comply with, or willfully violate any proper order or nile ofilie department or willfully violate any provision of this code.
Section 626.621(4), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or
FROM :DEPT OF FINANCIAL SERVICES FAX NO. :8504874907
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managing general agent to foil, upon demand, to pay over to any insurer he represents any money coming into his hands belonging to the insurer.
COUNT II
Paragraphs one through five are realleged and incorporated herein by reference.
At all times pertinent to the dates and occutTences referred to in this Administrative Complaint, a contractual relationship existed between La Madrid and Security Premium Finance, a Florida licensed premium finance company.
Pursuant to business custom, LaMadrid was authorized to write checks drawn on the Security Premium Finance bank account to finance insurance policy premiums on insurance policies. LaMadrid would write the Security Premium Finance check in full payment of the policy premium and remit the check to the insurance company. In return, LaMadritj was to submit the policy downpayment and executed financ agreeme1Jt received from the consumer to Security Premium Finance financing the policy premium.
Between Septembor 2008 and January 2009, you, SANDRA MARIA SEGURA, did write six checks drawn on the Security Premium Finance bank account in the total amount of
$8,741.31 and made payable to LaMadrid. You, SANDRA MARIA SEGURA, deposited these checks into your business bank accounts.
You, SANDRA MARIA SEGURA, or someone undel' your direct supervision and
control, then submitted folse and fraudulent financing agreements to Security Premim Finance. None of these applications were valid financing agreements of valid insurance policies. These financing agreements were false and material misstatements of fact.
At no time, SANDRA MARIA SEGURA, were you authorized to receive these
funds from the premium finance company on your own behalf or for your own use and benefit.
FROM :DEPT OF FINANCIAL SERVICES FAX NO. :8504874907
Jun 8 2011 8:45
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The above-mentioned funds received represented trust funds received by you, SANDRA MARIA SEGURA from Security Premium Finance and were held by you in a fiduciary capacity only.
You, SANDRA MARIA SEGURA, have converted, misappropriated, or wrongfully withheld fiduciary funds be.longing to Security Premium Finance.
Demand has been made by Security Premium Finance for payment of the funds, but you, SANDRA MARIA SEGURA, have refused same. As a result, Security Premium Finance has suffered a significant financial loss.
IT IS THEREFORE CHARGED that you, SANDRA MARIA SEGURA, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your insurance licenses and eligibility for Iicensure: Sections 626.561(1); 626.611(7); 626.611(9); 626.611(10); and 626.6!1(13), Florida Statutes, as more particularly alleged in Count I above.
COUNT III
Paragraphs one through five are realleged and incorporated herein by reference.
You, SANDRA MARIA SEGURA, and LaMadrid failed to remit all premiums due to U.S. Secutity Insurance Company. An audit ofLaMadrid's account with U.S, Security, as of July 2, 2008; revealed an indebtness owed by LaMadrid of$5,239.00.
These funds represent premium payments for insurance policies issued by U.S.
Secutity to Florida insurance consumers for which you, SANDRA MARIA SEGURA, and LaMadrid failed to remit to U.S. Security or anyone else so entitled.
FROM :DEPT OF FINANCIAL SERVICES FAX NO. :8504874907
Jun 8 2011 8:45
Jun. 08 2011 08:44AM P13
The above-mentioned funds are trust funds received by you, SANDRA MARIA SEGURA, 1hrough U.S. Security, held in a fiduciary capacity only for the insurer.
You, SANDRA MARIA SEGURA, or someone under your direct supervision and control, acting in both a personal capacity and on behalf of the corpori1tion, have convert d, misappropriated, or wrongfully wi1hheld fiduciary funds belonging to U.S. Security.
Demand has been made for remittal of 1he fiduciary funds to U.S. Security, but you, SANDRA MARIA SEGURA, and LaMadrid have refused same. As a result, U.S. Security has terminated the agency contract and has suffered a significant financial loss.
IT IS THEREFORE CHARGED that you, SANDRA MARIA SEGURA, have violated or are accolllltable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of yom insurance licenses and eligibility for licensure: Sections 626.561(1); 626.611(7); 626.611(9); 626.611(10); 626,611(]3); and 626.621(4), Florida Statutes, as more particularly alleged in Count l above.
WHEREFORE, you, SANDRA MARIA SEGURA, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appointments as an insurance agent or to impose such penalties as may be provided under the provisions of Sections 626.611, 626.621, 626.681, 626.691, 626.692, and 626.9521, Florida
Statutes, and under the othe·r referenced sections of the Florida Statutes as set out in this
Administrative Complaint. You are further notified that any order entered in this case revoking or suspending any license or eligibility for licensure held by you shall also apply to all other licenses and eligibility held by you under the Florida Insurance Code.
FROM :DEPT OF FINANCIAL SERVICES FAX NO. :8504874907
Jun 8 2011 8:45
Jun. 08 2011 08:45AM P14
NOTICE OF RIGHTS
You have the right to request a proceeding to contest this action by the Department of
)
Financial Services (11Departme11t11 pursualJ.t 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 Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. Your written response must be received by the Department no later than 5:00 p.m. on tbe t enty-first day after your receipt oftMs notice.
.Mailing the response on the twenty-first day will not preserve your right to a hearing.
YOUR FAILURE TO RESPOND IN WlUTING WITHIN TWENTY-ONE (21)
llAYS OF YOUR RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER 01<' YOUR RIGHT TO REQUEST A PROCEEDING 0111 THE MATTERS
ALLEGED HEREIN AND AJ\I ORDER OF SUSPENSION OR REVO,CATION Wll,L BE Ji:NTERED AGAINST YOU.
If you .request a proceeding, you mu8t provide information that complies with the requirements of Rule 28-106.2015, Florida Admi11istrative Code. As noted above, completion of the attached Election of Proceeding fonn confonns to these requirements. Specifically, your response must contain:
The 'name, address, and telephone number, and facsimile number (if any) of the re. pondent (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,
FROM :DEPT OF FINANCIAL SERVICES FAX NO. :8504874907
Jun 8 2011 8:46
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A statement requesting an administrative hearing identifying those material facts that are in dispute. If there arc none, the petition must so indicate.
A statement of when the respondent received notice of ·the administrative complaint.
A statement including the file nwnber 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, 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, yon tnust 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 tnay 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 reques·t 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.
FROM :DEPT OF FINANCIAL SERVICES FAX NO. :8504874907
Jun 8 2011 8:46
Jun. 08 2011 o8:45AM P16
Mediation of this matter purstJa.nt to Section 120.573, Florida Statutesi is not available. No Depa.rtment attorney will discuss this matter with you until the l'esponse has been received by
the Department.
DATED a11d SIGNED this _jJ_ day of. fn - -- ,2011,
CERTIFICATE OF SRR VJCE
I HEREBY CERTIFY t11at a true and conect copy of the fOl'egoing ADMINISTRATIVE
COMPLAINT and ELECTION OF PROCEEDING has been furnished by U,S. Ccrtifiei Mail
tmSandra Maria Segura, 540 SE 6'' Street, Hialeah, FL 33010-5354 this J.'l .: of
,2011.
,,_A f2- -
es A. Bossart, Esquire
,6ivision of Legal Services
/ 612 Lal'Son Building
Tallahassee, Florida 32399-0333
(850) 413-4124
FROM :DEPT OF FINANCIAL SERVICES FAX NO. :8504874907
Jun 8 2011 8:46
Jun. 08 2011 08:46AM P17
IN THE MATTER OF:
STATE OF PLORJDA
DEPARTMENT OF FINANCIAL SERVICES DNISION OF LEGAL SERVICES
SANDRA MARIA SEGURA
I
CASE NO,: l 13748-11-AO
ELECTION QF PROCEEDINQ
J have recelvccf lllld have mad the Administrative Complaint filed by the Florida Departmcnl of Pir1anchil Servl'-'"cs ("'Department") against me, includlng the Notice of Rights cont_oittod therein, and I understand rny options, I am requesting dlspositirm ofthis matter as Indicated below. (CHOOSE ONE)
l. [ ] I QQ.JlQt dispute any of the lJepa.rtmenl's factuol allegations and I im...nm desire a. hearing. I understand that by waivlng my right to a, hearing, the Department may enter e final order that adoptl'I the Administrative Complaint and imposeij the sanctions sought, Jn1.";h1ding suspending or revoking my licenst:s 1U1d appoi1J.tments RB may he llpptoprilll.C. ·
I .dQ...nQt dispute nny of the Department's factual allegations and I hereby elect a proceeding to be conducted in
aecord11nce with Section 120.57(2), Florida Stntutes. In thi regi-ird, J desire to (CHOOSE ONE):
L ] Submit a written statement end documentary evidence in lieu of e. hcal'ing; or
r. ] Pw onally attend a hearing conducted by a depa1rn,ent hearing officer in T11llahnssee; m·
f 1 Attend that same hearing by way ofa telephone conlerence call.
[ l I di!. dispute om: or more of the Department's factual allegations. I hereby 1·equc:st II hearing purs1.111nt to Section 120,57(1). Florida Statutos, to be held before the Division of Administrative Hclirings. I have 1;1ttaciled to this election fonn the lnfonnaHon required by Rule 28-106.20 l5, Florida Admlnlstro.tive Codef as specified in subparagraph (c) of the Notice ofRiglits. Specffically, I hl\W identified the disputed issues ofinaterial foct.
TO PRl?.SERVE YOUR RIGHT TO A HEAl{ING, YOU MUST PILE YOUR RESPONSE WITH TUR DEPARTMENT OF FINANCIAL SERVICES WIT»IN TWENTY-ONE (21) DAYS OF YOUR Rf:CEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE lY,ED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON Tl-IE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLArNT.
The address for fillne; i$: .Julie Jones, Agency Clerk, Florida DepartmMt of Financial Services, 612 U.Nion Building, 200 Ea.-« O'-ines Strec,t, Te.llaha, see, Florida 32399-0390.
Sign11ture
Date: _
Onie Adrninilltrntlve
Comph1int Received;
Print Name
Address:-....,.--
Ifyo11 nre repre;ented by 1tn attorney or quallffcd representative, plea!Ml atlaj!h to this elettlon form his or her name-, address, tcl phone &lld fax numbers
Phone No,;---- ----------
F11xNo,; _
11
