Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: WALTER BISCHOFBERGER
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Financial Services
Locations: St. Petersburg, Florida
Filed: Feb. 17, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 6, 2013.
Latest Update: Dec. 23, 2024
FILED
NOV 09 2011
CHIEF FINANCIAL OFFICER
JEFF ATWATER ~
STATE OF FLORIDA D Ocketed by
IN THE MATTER OF:
CASE NO.: 118323-11-AG
WALTER BISCHOFBERGER
/
WALTER BISCHOFBERGER
275 North Shade Avenue, # 202
Sarasota, FL 34237
ADMINISTRATIVE COMPLAINT
You, WALTER BISCHOFBERGER, license I.D. # E049240, 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
1, Pursuant to Chapter 626, Florida Statutes, you, WALTER BISCHOFBERGER,
are currently licensed in this state as a life including variable annuity and health agent.
2. At all times pertinent to the dates and occurrences referred to herein, you,
WALTER BISCHOFBERGER, were licensed in this state as a life including variable annuity
and health agent.
3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial
Services (“Department”) has jurisdiction over your insurance licenses and appointments.
Filed February 17, 2012 2:59 PM Division of Administrative Hearings
COUNT I
4. The above general allegations are hereby realleged and fully incorporated herein
by reference.
5. In or around December of 2009, you, WALTER BISCHOFBERGER, were
contacted by S.S. of Bradenton, Florida, who was seeking health insurance,
6. S.S. informed you, WALTER BISCHOFBERGER, of various pre-existing
conditions for which she sought coverage.
7. In or about December of 2009, you, WALTER BISCHOFBERGER, for the
purpose of receiving a commission, sold to or assisted S.S. in purchasing what you, WALTER
BISCHOFBERGER, represented to S.S, would be a health insurance policy to be issued through
a health benefit association known as CEO Club Benefits, Inc/AIM Health Plans, Inc.
(“CEO/AIM policy”).
8. Between on or about February and June of 2010, S.S. paid approximately $259 a
month premiums for the CEO/AIM policy, for which you, WALTER BISCHOFBERGER,
received a commission.
9. The CEO/AIM policy purchased by S.S. through you, WALTER
BISCHOFBERGER, was not placed with an authorized insurer and was never underwritten by
an authorized insurer,
10. You, WALTER BISCHOFBERGER, knew or should have known that the
CEO/AIM policy purchased by S.S. through you was not placed with an authorized insurer and
was never underwritten by an authorized insurer.
11. You, WALTER BISCHOFBERGER, knew or should have known that the
CEO/AIM policy purchased by S.S. through you would not provide the consumer with the health
coverage which she specifically sought to obtain.
12. Between February and June of 2010, in addition to monthly premium payments,
S.S. incurred approximately $75 in medical bills stemming from a doctor’s visit. This claim was
not paid by the CEO/AIM policy, though at least part of it would have been covered if there had
been an authorized insurer underwriting the policy.
IT IS THEREFORE CHARGED that you, WALTER BISCHOFBERGER, 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 agent:
(a) Section 626.611(7), Florida Statutes, which provides that it is a violation for a
licensee to demonstrate a lack of fitness or trustworthiness to engage in the business of
insurance.
(b) Section 626.611(8), Florida Statutes, which provides that it is a violation
to demonstrate lack of reasonably adequate knowledge and technical competence to engage in
the transactions authorized by a license or appointment.
(c) Section 626.621(2), Florida Statutes, which provides that it is a violation to
violate 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.
(d) Section 626.621(6), Florida Statutes, which provides in part that it is a violation of
law, in the conduct of business under a license or appointment, to engage in unfair methods of
competition or in unfair or deceptive acts or practices as prohibited in Part IX of Chapter 626,
Florida Statutes or having otherwise shown himself or herself to be a source of injury or loss to
the public.
(e) Section 626,901(1)(a), Florida Statutes, which provides that it is a violation for
any person to, from offices or by personnel or facilities located in this state, or in any other state
or country, directly or indirectly act as agent for, or otherwise represent or aid on behalf of
another, any insurer not then authorized to transact such insurance in this state in the solicitation,
negotiation, procurement, or effectuation of insurance or annuity contracts, or renewals thereof
or in any other manner represent or assist such an insurer in the transaction of insurance with
respect to subjects of insurance resident, located, or to be performed in this state.
(f) Section 626.901(2), Florida Statutes, which provides that if an unauthorized
insurer fails to pay in full or in part any claim or loss within the provisions of any insurance
contract which is entered into in violation of this section, any person who knew or reasonably
should have known that such contract was entered into in violation of this section and who
solicited, negotiated, took application for, or effectuated such insurance contract is liable to the
insured for the full amount of the claim or loss not paid.
(g) Section 626,9521(1), Florida Statutes, which provides that no person shall engage
in this state in any trade practice which is defined in Part IX of Chapter 626 as an unfair method
of competition or an unfair or deceptive act or practice involving the business of insurance.
(h) Section 626.9541(1)(a)1., Florida Statutes, which provides that it is an unfair
method of competition or an unfair or deceptive act to knowingly make a statement that
misrepresents the benefits, advantages, conditions, or terms of any insurance policy.
(i) Section 626.9541(1)(k)1., Florida Statutes, which provides that it is a violation to
knowingly make a false or fraudulent written or oral statement on, or relative to, an application
or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or
other benefit from any insurer, agent, broker, or individual.
COUNT II
13, The above general allegations are hereby realleged and fully incorporated herein
by reference.
14, In or around July of 2009, you, WALTER BISCHOFBERGER, were contacted
by C.J. of Lancaster, South Carolina, who was seeking health insurance.
15. C.J, informed you, WALTER BISCHOFBERGER, of his need to obtain health
insurance for himself and his spouse.
16. In or around October of 2009, you, WALTER BISCHOFBERGER, for the
purpose of receiving a commission, sold to or assisted C.J. in purchasing what you, WALTER
BISCHOFBERGER, represented to C.J, would be a health insurance policy to be issued through
a health benefit association known as CEO Club Benefits, Inc./AIM Health Plans, Inc.
(“CEO/AIM policy”).
17. Between on or about December of 2009 and June of 2010, CJ. paid
approximately $403 a month in premiums for the CEO/AIM policy, for which you, WALTER
BISCHOFBERGER, received a commission.
18. The CEO/AIM policy purchased by C.J. through you, WALTER
BISCHOFBERGER, was not placed with an authorized insurer and was never underwritten by
an authorized insurer,
19, You, WALTER BISCHOFBERGER, knew or should have known that the
CEO/AIM policy purchased by C.J. through you was not placed with an authorized insurer and
was never underwritten by an authorized insurer.
20. You, WALTER BISCHOFBERGER, knew or should have known that the
CEO/AIM policy purchased by C.J. through you would not provide the consumer with the health
coverage which he specifically sought to obtain.
21, | Between February and June of 2010, in addition to monthly premium payments,
C.J. incurred approximately $4,300 in medical bills. These bills were not paid by the CEO/AIM
policy, though they would have been at least partly covered if there had been an authorized
insurer underwriting the policy.
IT IS THEREFORE CHARGED that you, WALTER BISCHOFBERGER, 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 as a Florida insurance agent:
(a) Section 626.611(7), Florida Statutes, which provides that it is a violation for a
licensee to demonstrate a lack of fitness or trustworthiness to engage in the business of
insurance.
(b) Section 626.611(8), Florida Statutes, which provides that it is a violation
to demonstrate lack of reasonably adequate knowledge and technical competence to engage in
the transactions authorized by a license or appointment.
(c) Section 626.621(2), Florida Statutes, which provides that it is a violation to
violate 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.
(d) Section 626.621(6), Florida Statutes, which provides in part that it is a violation of
law, in the conduct of business under a license or appointment, to engage in unfair methods of
competition or in unfair or deceptive acts or practices as prohibited in Part IX of Chapter 626,
Florida Statutes or having otherwise shown himself or herself to be a source of injury or loss to
the public.
(e) Section 626.901(1)(a), Florida Statutes, which provides that it is a violation for
any person to, from offices or by personnel or facilities located in this state, or in any other state
or country, directly or indirectly act as agent for, or otherwise represent or aid on behalf of
another, any insurer not then authorized to transact such insurance in this state in the solicitation,
negotiation, procurement, or effectuation of insurance or annuity contracts, or renewals thereof
or in any other manner represent or assist such an insurer in the transaction of insurance with
respect to subjects of insurance resident, located, or to be performed in this state.
(f) Section 626.901(2), Florida Statutes, which provides that if an unauthorized
insurer fails to pay in full or in part any claim or loss within the provisions of any insurance
contract which is entered into in violation of this section, any person who knew or reasonably
should have known that such contract was entered into in violation of this section and who
solicited, negotiated, took application for, or effectuated such insurance contract is liable to the
insured for the full amount of the claim or loss not paid.
(g) Section 626,9521(1), Florida Statutes, which provides that no person shall engage
in this state in any trade practice which is defined in Part IX of Chapter 626 as an unfair method
of competition or an unfair or deceptive act or practice involving the business of insurance.
(h) —- Section 626.9541(1)(a)l., Florida Statutes, which provides that it is an unfair
method of competition or an unfair or deceptive act to knowingly make a statement that
misrepresents the benefits, advantages, conditions, or terms of any insurance policy.
(i) Section 626.9541(1)(k)1., Florida Statutes, which provides that it is a violation to
knowingly make a false or fraudulent written or oral statement on, or relative to, an application
or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or
other benefit from any insurer, agent, broker, or individual.
COUNT II
22. The above general allegations are hereby realleged and fully incorporated herein
by reference.
23. In October of 2009, you, WALTER BISCHOFBERGER, were contacted by J.T.
of Cocoa, Florida, who was seeking health insurance.
24. J.T. informed you, WALTER BISCHOFBERGER, of her need to obtain health
insurance for herself and her spouse.
25, In or around October of 2009, you, WALTER BISCHOFBERGER, for the
purpose of receiving a commission, sold to or assisted J.T. in purchasing what you, WALTER
BISCHOFBERGER, represented to J.T. would be a health insurance policy to be issued through
a health benefit association known as CEO Club Benefits, Inc./AIM Health Plans, Inc.
(“CEO/AIM policy”).
26. — Starting on or about November of 2009, J.T. paid approximately $501 a month in
premiums for the CEO/AIM policy, for which you, WALTER BISCHOFBERGER, received a
commission.
27. The CEO/AIM policy purchased by J.T. through you, WALTER
BISCHOFBERGER, was not placed with an authorized insurer and was never underwritten by
an authorized insurer.
28. You, WALTER BISCHOFBERGER, knew or should have known that the
CEO/AIM policy purchased by J.T. through you was not placed with an authorized insurer and
was never underwritten by an authorized insurer.
29. You, WALTER BISCHOFBERGER, knew or should have known that the
CEO/AIM policy purchased by J.T. through you would not provide the consumer with the health
coverage which she specifically sought to obtain.
30. Between February and June of 2010, in addition to monthly premium payments,
J.T. incurred approximately $4,450 in medical bills. These bills were not paid by the CEO/AIM
policy, though they would have been at least partly covered if there had been an authorized
insurer underwriting the policy.
IT IS THEREFORE CHARGED that you, WALTER BISCHOFBERGER, 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 agent:
(a) Section 626.611(7), Florida Statutes, which provides that it is a violation for a
licensee to demonstrate a lack of fitness or trustworthiness to engage in the business of
insurance.
(b) Section 626.611(8), Florida Statutes, which provides that it is a violation
to demonstrate lack of reasonably adequate knowledge and technical competence to engage in
the transactions authorized by a license or appointment.
(c) Section 626,.621(2), Florida Statutes, which provides that it is a violation to
violate 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.
(d) Section 626.621(6), Florida Statutes, which provides in part that it is a violation of
law, in the conduct of business under a license or appointment, to engage in unfair methods of
competition or in unfair or deceptive acts or practices as prohibited in Part IX of Chapter 626,
Florida Statutes or having otherwise shown himself or herself to be a source of injury or loss to
the public.
(e) Section 626.901(1)(a), Florida Statutes, which provides that it is a violation for
any person to, from offices or by personnel or facilities located in this state, or in any other state
or country, directly or indirectly act as agent for, or otherwise represent or aid on behalf of
another, any insurer not then authorized to transact such insurance in this state in the solicitation, _
negotiation, procurement, or effectuation of insurance or annuity contracts, or renewals thereof
or in any other manner represent or assist such an insurer in the transaction of insurance with
respect to subjects of insurance resident, located, or to be performed in this state.
f) Section 626,901(2), Florida Statutes, which provides that if an unauthorized
insurer fails to pay in full or in part any claim or loss within the provisions of any insurance
contract which is entered into in violation of this section, any person who knew or reasonably
should have known that such contract was entered into in violation of this section and who
solicited, negotiated, took application for, or effectuated such insurance contract is liable to the
insured for the full amount of the claim or loss not paid.
(g) Section 626,9521(1), Florida Statutes, which provides that no person shall engage
in this state in any trade practice which is defined in Part IX of Chapter 626 as an unfair method
of competition or an unfair or deceptive act or practice involving the business of insurance.
(h) Section 626.9541(1)(a)1., Florida Statutes, which provides that it is an unfair
method of competition or an unfair or deceptive act to knowingly make a statement that
misrepresents the benefits, advantages, conditions, or terms of any insurance policy.
qa) Section 626.9541(1)(k)1., Florida Statutes, which provides that it is a violation to
knowingly make a false or fraudulent written or oral statement on, or relative to, an application
10
or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or
other benefit from any insurer, agent, broker, or individual.
. COUNT IV
31. The above general allegations are hereby realleged and fully incorporated herein
by reference.
32. In October of 2009, you, WALTER BISCHOFBERGER, were contacted by P.M.
of Oldsmar, Florida, who was seeking health insurance.
33, P.M. informed you, WALTER BISCHOFBERGER, of her need to obtain health
insurance.
34, In or around November of 2009, you, WALTER BISCHOFBERGER, for the
purpose of receiving a commission, sold to or assisted P.M. in purchasing what you, WALTER
BISCHOFBERGER, represented to P.M. would be a health insurance policy to be issued through
a health benefit association known as CEO Club Benefits, Inc./AIM Health Plans, Inc,
(“CEO/AIM policy”).
35. Starting on or about November of 2009, P.M. paid approximately $481 a month
in premiums for the CEO/AIM policy, for which you, WALTER BISCHOFBERGER, received a
commission.
36. The CEO/AIM policy purchased by P.M. through you, WALTER
BISCHOFBERGER, was not placed with an authorized insurer and was never underwritten by
an authorized insurer.
37. You, WALTER BISCHOFBERGER, knew or should have known that the
CEO/AIM policy purchased by P.M. through you was not placed with an authorized insurer and
was never underwritten by an authorized insurer.
38, You, WALTER BISCHOFBERGER, knew or should have known that the
CEO/AIM policy purchased by P.M. through you would not provide the consumer with the
health coverage which she specifically sought to obtain.
39. | While enrolled in the CEO/AIM policy, P.M. incurred approximately $600 in
medical bills, These bills were not paid by the CEO/AIM policy, though they would have been at
least partly covered if there had been an authorized insurer underwriting the policy.
IT IS THEREFORE CHARGED that you, WALTER BISCHOFBERGER, 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 agent:
(a) Section 626.611(7), Florida Statutes, which provides that it is a violation for a
licensee to demonstrate a lack of fitness or trustworthiness to engage in the business of
insurance.
(b) Section 626.611(8), Florida Statutes, which provides that it is a violation
to demonstrate lack of reasonably adequate knowledge and technical competence to engage in
the transactions authorized by a license or appointment.
(c) Section 626,621(2), Florida Statutes, which provides that it is a violation to
violate 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.
(d) Section 626.621(6), Florida Statutes, which provides in part that it is a violation of
law, in the conduct of business under a license or appointment, to engage in unfair methods of
competition or in unfair or deceptive acts or practices as prohibited in Part IX of Chapter 626,
12
Florida Statutes or having otherwise shown himself or herself to be a source of injury or loss to
the public.
(e) Section 626,901(1)(a), Florida Statutes, which provides that it is a violation for
any person to, from offices or by personnel or facilities located in this state, or in any other state
or country, directly or indirectly act as agent for, or otherwise represent or aid on behalf of
another, any insurer not then authorized to transact such insurance in this state in the solicitation,
negotiation, procurement, or effectuation of insurance or annuity contracts, or renewals thereof
or in any other manner represent or assist such an insurer in the transaction of insurance with
respect to subjects of insurance resident, located, or to be performed in this state,
(f) Section 626,901(2), Florida Statutes, which provides that if an unauthorized
insurer fails to pay in full or in part any claim or loss within the provisions of any insurance
contract which is entered into in violation of this section, any person who knew or reasonably
should have known that such contract was entered into in violation of this section and who
solicited, negotiated, took application for, or effectuated such insurance contract is liable to the
insured for the full amount of the claim or loss not paid.
(g) Section 626,9521(1), Florida Statutes, which provides that no person shall engage
in this state in any trade practice which is defined in Part IX of Chapter 626 as an unfair method
of competition or an unfair or deceptive act or practice involving the business of insurance.
(h) Section 626.9541(1)(a)1., Florida Statutes, which provides that it is an unfair
method of competition or an unfair or deceptive act to knowingly make a statement that
misrepresents the benefits, advantages, conditions, or terms of any insurance policy.
(i) Section 626.9541(1)(k)1., Florida Statutes, which provides that it is a violation to
knowingly make a false or fraudulent written or oral statement on, or relative to, an application
13
or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or
other benefit from any insurer, agent, broker, or individual.
WHEREFORE, you, WALTER BISCHOFBERGER, are hereby notified that the Chief
Financial Officer intends to enter an Order suspending or revoking your licenses and
appointments as an insurance agent and imposing such penalties as may be provided under the
provisions of Sections 626.611, 626.621, 626.681, 626.691, 626.692, 626.901, 626.910, 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
pursuarit 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.
14
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), 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
15
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 Ca day of iN OVember _, 11.
GA TY as.
NG
f
GG
/ 7 “ ee Greg
; | fe Director, Division of Agent and Agency Services
16
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE
COMPLAINT has been furnished to: WALTER BISCHOFBERGER, 275 N. Shade Ave. Apt.#
202,, Sarasota, FL 34237, by Certified Mail US. Mail, restricted delivery, this ) day
of Novo, by 2011.
ek Stramski
ssistant General Counsel
Fla. Bar. No.: 0087965
Department of Financial Services
Division of Legal Services
612 Larson Building
200 East Gaines Street
Tallahassee, Florida 32399-0333
(850) 413-4172
17
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF LEGAL SERVICES
IN THE MATTER OF:
WALTER BISCHOFBERGER CASE NO.: 118323-11-AG
ELECTION OF PROCEEDING
I have received and have read the Administrative Complaint filed by the Florida Department of Financial Services
("Department") 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)
Lt]
30]
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 Department'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 (CHOOSE ONE):
{] 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 28-106.2015, 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: Tracey Beal, DFS Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200
East Gaines Street, Tallahassee, Florida 32399-0390.
Signature Print Name
Date: Address:
Date Administrative
Complaint Received:
If you are represented by an attorney or qualified Phone No.:
representative, please attach to this election form his
or her name, address, telephone and fax numbers Fax No.:
18
Docket for Case No: 12-000691PL
Issue Date |
Proceedings |
Feb. 06, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 06, 2013 |
Motion to Relinquish Jurisdiction and Close File filed.
|
Feb. 06, 2013 |
Notice of Appearance (filed by Robert Fox) filed.
|
Feb. 04, 2013 |
Order Severing, Closing, and Relinquishing Jurisdiction in Cases 11-6478PL and 12-0699PL and Granting Leave to Amend Administrative Complaint in Case No. 12-0691PL.
|
Feb. 01, 2013 |
Department of Financial Services' Motion for Telephonic Testimony filed.
|
Feb. 01, 2013 |
Department of Financial Services' Motion for Video Teleconference filed.
|
Jan. 25, 2013 |
Department of Financial Services' Motion to Amend Administrative Complaint in Bischofberger Matter filed.
|
Jan. 25, 2013 |
Motion to Relinquish Jurisdiction and Close File filed.
|
Jan. 25, 2013 |
Motion to Relinquish Jurisdiction and Close File filed.
|
Jan. 25, 2013 |
Notice of Appearance (filed by Robert Fox) filed.
|
Jan. 03, 2013 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for February 28 and March 1, 2013; 9:00 a.m.; St. Petersburg, FL).
|
Jan. 02, 2013 |
CASE STATUS: Motion Hearing Held. |
Dec. 28, 2012 |
Motion to Separate and Continue Cases filed.
|
Dec. 11, 2012 |
Notice and Certificate of Service of Petitioner's Responses to Respondent Bischofberger's First Request to Produce (filed in Case No. 12-000691PL).
|
Dec. 10, 2012 |
Notice of Filing Objections (filed in Case No. 12-000699PL).
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Dec. 10, 2012 |
Notice of Filing Objections filed.
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Dec. 06, 2012 |
Notice of Taking Deposition Duces Tecum (of W. Bischofberger) filed.
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Dec. 06, 2012 |
Notice of Taking Deposition Duces Tecum (of W. Gorski) filed.
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Dec. 06, 2012 |
Notice of Taking Deposition Duces Tecum (of M. Kendall) filed.
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Nov. 27, 2012 |
Notice and Certificate of Service of Petitioner's Responses to Respondent Gorski's Second Request to Produce filed.
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Nov. 27, 2012 |
Notice and Certificate of Service of Petitioner's Responses to Respondent Kendall First Request to Produce filed.
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Nov. 01, 2012 |
Request to Produce (filed in Case No. 12-000699PL).
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Nov. 01, 2012 |
Request to Produce filed.
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Oct. 25, 2012 |
Order of Pre-hearing Instructions.
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Oct. 25, 2012 |
Order Re-scheduling Hearing (hearing set for January 8 and 9, 2013; 9:00 a.m.; St. Petersburg, FL).
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Oct. 25, 2012 |
Notice of Appearance (Antonia Johnson; filed in Case No. 12-000699PL).
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Oct. 25, 2012 |
Notice of Appearance (Antonia Johnson) filed.
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Oct. 24, 2012 |
CASE STATUS: Pre-Hearing Conference Held. |
Oct. 23, 2012 |
Notice of Certificate of Service of Department of Financial Services' Answer to Respondent Gorski's First Set of Interrogatories filed.
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Sep. 12, 2012 |
Order Granting Continuance (parties to advise status by October 19, 2012).
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Sep. 11, 2012 |
CASE STATUS: Motion Hearing Held. |
Sep. 11, 2012 |
Erratum to the Department's Response and Objection to Respondent's Letters Titled Re: Retention of Legal Counsel Rescheduling and Continuance filed.
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Sep. 10, 2012 |
Department's Response and Objection to Respondent's Letters Titled Re: Retention of Legal Counsel: Rescheduling and Continuance (filed in Case No. 12-000691PL).
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Sep. 10, 2012 |
Pre-Hearing Conference Prior to Depositions filed.
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Sep. 10, 2012 |
Pre-Hearing Conference filed.
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Sep. 07, 2012 |
Retention of Legal Counsel: Rescheduling and Continuance filed.
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Sep. 07, 2012 |
Witness List filed.
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Aug. 30, 2012 |
Notice of Taking Deposition Duces Tecum (of W. Gorski; filed in Case No. 12-000699PL).
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Aug. 30, 2012 |
Notice of Taking Deposition Duces Tecum (of W. Bischofberger; filed in Case No. 12-000691PL).
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Aug. 30, 2012 |
Notice of Taking Deposition Duces Tecum (of M. Kendall) filed.
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Aug. 17, 2012 |
Order of Pre-hearing Instructions.
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Aug. 17, 2012 |
Notice of Hearing (hearing set for October 1 and 2, 2012; 9:00 a.m.; St. Petersburg, FL).
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Aug. 15, 2012 |
Case Status Update filed.
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Jul. 26, 2012 |
Order on Request for Qualified Representation.
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Jul. 12, 2012 |
Order Continuing Cases in Abeyance (parties to advise status by August 15, 2012).
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Jul. 11, 2012 |
Case Status Update filed.
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Jul. 10, 2012 |
Motion of Qualified Representative filed.
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Jun. 12, 2012 |
Order Continuing Cases in Abeyance (parties to advise status by July 11, 2012).
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Jun. 11, 2012 |
Notice of Cancelation of Depositions filed.
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Jun. 11, 2012 |
Case Status Update filed.
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Jun. 07, 2012 |
Amended Notice of Taking Deposition Duces Tecum (of W. Gorski; filed in Case No. 12-000699PL).
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Jun. 07, 2012 |
Second Amended Notice of Taking Deposition Duces Tecum (of W. Bischofberger; filed in Case No. 12-000691PL).
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Jun. 07, 2012 |
Amended Notice of Taking Deposition Duces Tecum (of M. Kendall) filed.
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May 31, 2012 |
Amended Notice of Taking Deposition Duces Tecum (of W. Bischofberger; filed in Case No. 12-000691PL).
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May 29, 2012 |
Notice of Taking Deposition Duces Tecum (William E. Gorski) filed with DOAH (filed in Case No. 12-000699PL).
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May 29, 2012 |
Notice of Taking Deposition Duces Tecum (Walter Bischofberger) (filed in Case No. 12-000691PL).
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May 29, 2012 |
Notice of Taking Deposition Duces Tecum (Marjorie Kendall) filed.
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May 29, 2012 |
Discovery and Depositions filed.
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May 21, 2012 |
Response to Request for Deposition Duces Tecum filed.
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May 14, 2012 |
Regarding Correspondence with J Stramski filed.
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May 11, 2012 |
Dates for Depositions filed.
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May 02, 2012 |
Order Continuing Cases in Abeyance (parties to advise status by June 11, 2012).
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May 01, 2012 |
Case Status Update filed.
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Apr. 02, 2012 |
Notice and Certificate of Service of Petitioner's First Set of Interrogatories to Respondent Bischofberger (filed in Case No. 12-000699PL).
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Apr. 02, 2012 |
Notice and Certificate of Service of Petitioner Department of Financial Services' First Request for Production from Respondent Bischofberger (filed in Case No. 12-000699PL).
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Apr. 02, 2012 |
Notice and Certificate of Service of Petitioner's First Set of Interrogatories to Respondent Gorski (filed in Case No. 12-000699PL).
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Apr. 02, 2012 |
Notice and Certificate of Service of Petitioner Department of Financial Services' First Request for Production from Respondent Gorski (filed in Case No. 12-000699PL).
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Mar. 14, 2012 |
Order Continuing Cases in Abeyance (parties to advise status by May 1, 2012).
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Mar. 13, 2012 |
Case Status Update filed.
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Feb. 24, 2012 |
Response to Initial Order filed.
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Feb. 23, 2012 |
Order of Consolidation (DOAH Case Nos. 11-6478PL, 12-0691PL, and 12-0699PL).
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Feb. 23, 2012 |
Response to Initial Order filed.
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Feb. 22, 2012 |
(Respondent's) Response to Initial Order filed.
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Feb. 17, 2012 |
Initial Order.
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Feb. 17, 2012 |
Petitioner Department of Financial Services' Motion to Consolidate filed.
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Feb. 17, 2012 |
Agency referral filed.
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Feb. 17, 2012 |
Request for Administrative Hearing filed.
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Feb. 17, 2012 |
Administrative Complaint filed.
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CASE STATUS: Motion Hearing Held. |