FILED JUL 8 2011 CHIEF FINANCIAL OFFICER TREE AT WATER Dockeled by 77, nan aa IN THE MATTER OF: DALKYS E. ENAMORADO (a/k/a Valdez) CASE NO.: 116628-11-AG ADMINISTRATIVE COMPLAINT DALKYS E. ENAMORADO (a/k/a Valdez) 1714 Sawgrass Cir. Green Acres, Florida 33413 DALKYS E, ENAMORADO 3064 8. Military Tr., Ste, 5 Lake Worth, Florida 33463 You, DALKYS 8B. ENAMORADO, are hereby notified that the Chief Financial Officer of the State of Florida has cause to be made an investigation of your activities while licensed in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, DALK YS E, ENAMORADO, are an officer and director of Valdez & Valdez Inc., a Florida incorporated insurance agency, and are licensed as a general lines agent and a health agent in this state. 2, At all times pertinent to the dates and occurrences referred to herein, you, DALKYS E. ENAMORADO, were licensed in this state as a general lines agent and health agent. Filed August 8, 2011 3:53 PM Division of Administrative Hearings 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over your license. COUNT I 4, The above general allegations are hereby realleged and fully incorporated herein by reference, 5. On or about September 23, 2009, you, DALKYS E. ENAMORADO, issued certificates of insurance to SAE Construction Inc. for Commercial General Liability and Workers’ Compensation insurance under’ policy numbers 095623 and 095624. SAE Construction, Inc. is a Florida corporation owned by Samucl E. Enamorado and does business as a construction sub-contractor. Samuel E. Enamordo is also an officer and director of Valdez &Valdez, Inc, the insurance agency. These policies were purportedly issued by Appalachian Underwriters, Orlando Decorative Concrete relied on these certificates of insurance in order to contract with SAE Construction, Inc. to do construction work on its behalf. 6. The previously mentioned certificates of insurance were fraudulent and were false material misstatements of fact, At no time pertinent to the dates and occurrences referred to herein, was SAE Construction Services insured under any insurance policy issued by Appalachian Underwriters. You, DALKYS E. ENAMORADO, and SAE Construction Services were fully aware of these facts. 7. Not until December 9, 2009, did you, DALKYS E, ENAMORADO, submit an application to Appalachian Underwriters, Inc., requesting a quote be offered. On December 10, 2009, Appalachian Underwriters, Inc. sent you a declination letter advising you that they could not quote the account due to the fact that the premium would not meet the catrier’s minimum of $5,000. 8. On January 21, 2010, you, DALKYS E. ENAMORADO, submitted another application to Appalachian Underwriters, Inc., again requesting a quote to be offered. On January 21, 2010, the carrier declined that account as well due to not meeting the $5,000 minimum premium. 9. No policy was issued and no coverage was ever provided at any time for SAE Construction Services by Appalachian Underwriters, Inc. or any other insurer, notwithstanding your representations to the contrary, The certificates of insurance and your representations, as well as SAE Construction Inc., representations, both oral and writien, to Odlando Decorative Concrete were false and material misstatements of fact, and were done solely in order to enable SAE Construction, Inc. to evade compliance with Chapter 440 of Flotida Statutes. As a result of your failure to procure coverage, Orlando Decorative Concrete was subject to a stop work order and suffered potential workers’ compensation liability as well as actual financial harm. IT IS THEREFORE CHARGED that you, DALKYS E, ENAMORADO, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds to suspend or revoke your license or appointment, or revoke your eligibility to hold a license or appointment: (a) Section 626.611(5), Florida Statutes, which provides that the Department shall suspend or revoke a license or appointment, or the eligibility to hold a license or appointment, of any person it finds willfully misrepresented any insurance policy or willfully deceived with regard to any such policy, done either in person or by any form of dissemination of information or advertising, (b) Section 626.611(7), Florida Statutes, which provides that the Department shall suspend or revoke a license or appointment, or the eligibility to hold a license or appointment, of any person it finds demonstrated lack of fitness or trustworthiness to engage in the business of insurance. (ce) Section 626.611(15), Florida Statutes, which provides that the Department shall suspend or revoke a license or appointment, or the eligibility to hold a license or appointment, of any person who submits or aid or abets any person in the submission of an application for workers’ compensation coverage under Chapter 440 containing false or misleading information as to avoid the amount of premium due for such coverage. (d) Section 626.621(2), Florida Statutes, which provides that the Department may suspend or revoke a license or appointment, or the eligibility to hold a license or appointment, of any person it finds has violated any provision of the Insurance Code or any other law applicable to the business of insurance in the course of dealing under the license or appointment. (e) Section 626.9541(c)1., Florida Statutes, which provides that knowingly making any false material statement is an unfair or deceptive act or practice. WHEREFORE, you, DALK'YS E. ENAMORADO , are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses, appointments and your eligibility for licensure as an insurance agent in this state 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 other referenced sections of the Florida Statutes as set out in this Administrative Complaint. You are further notified that the Department intends to seck aggravation of all such penalties in accordance with the provisions of Rule 69B-231.160, Florida Administrative Code, and 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. NOTICE OF RIGHTS You have the sight 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, DFS 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 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. (e) 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), HMorida 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 hag 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 free form 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 $1” — day of Sly 2011, CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: DALKYSE. ENAMORADO, via electronic mail at VALDEZ_INSURE@YAHOO.COM this $'” day of Abiy , 2011. ace $ James Recon epartment of Financial Services ivision of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4124

Docket for Case No: 11-003980PL