) ) FILED FEB 25 2013 CHIEF FINANCIAL OFFICER = eratwarer —Docketed by_©2/, IN THE MATTER OF: CASE NO. 130285-13-AG VICKI LYNN BARKLEY / ADMINISTRATIVE COMPLAINT TO: VICKILYNN BARKLEY 1272 NW 52" Way Deerfield Beach, Florida 33442 You, VICKI LYNN BARKLEY are hereby notified that pursuant to Chapter 626, Florida 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: GENERAL ALLEGATIONS 1. You, VICKI LYNN BARKLEY, are currently licensed in the state as a life insurance agent, a life and health insurance agent, and as a health insurance agent. 2. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint you, VICKI LYNN BARKLEY, were licensed as an insurance agent in this state. 3. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint, you, VICKI LYNN BARKLEY, were an officer and director of ) ) Benefit Solutions in the Workplace, Inc., a Florida incorporated insurance agency doing business in Broward County, Florida. Pursuant to Section 626.839, Florida Statutes, you, VICKI LYNN BARKLEY, were personally and fully liable and accountable for any wrongful acts, misconduct, or violations of provisions of the Insurance Code committed by the licensee or by any person under your direct supervision and control while acting on behalf of the corporation. 4. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint, you, VICKI LYNN BARKLEY, enjoyed a contractual relationship with American Heritage Life Insurance (hereinafter “ American Heritage”). COUNT I 5. Paragraphs one through four are realleged and incorporated herein by reference. 6. On or about January 1, 201 1, you, VICKI LYNN BARKLEY, did submit 10 false and fraudulent applications to American Heritage for health insurance policies enrolling the purported applicants, as employees of Paradise Christian School, in an employer health insurance group. These applications were signed and submitted by you as record agent to American Heritage for the sole purpose of receiving commissions. The policies were issued. 7. A subsequent audit undertaken by American Heritage determined that the above mentioned applications were false; that you, VICKI LYNN BARKLEY, were not the agent of record and despite your sworn representations contained in the applications to the contrary, you, VICKI LYNN BARKLEY, had never contacted the new insureds or verified the information contained in the applications. The true agent of record for these policies was one Isis Palicio of Coral Gables, Florida, a sub agent for the corporation. You, VICKI LYNN BARKLEY, received the true applications from Isis Palicio for submittal to American Heritage. You, VICKI LYNN BARKLEY, failed to submit the true applications to American Heritage. Rather, you 2 ) ) VICKI LYNN BARKLEY, or someone under your direct supervision and control, rewrote each of the applications, falsely affixed the applicant’s signature to the false application without either their knowledge or informed consent, and then signed the fraudulent applications certifying you as agent of record and representing that the information contained in the applications was true and accurate. You, VICKI LYNN BARKLEY, had no knowledge as to whether the representations contained in the applications were accurate or not. You, VICKI LYNN BARKLEY, then submitted the fraudulent applications to American Heritage. This was done for the sole purpose of receiving commissions for which you had not earned and for which you were not entitled. 8. These applications were false and material misstatements of fact. You, VICKI LYNN BARKLEY, were aware at all times of these facts. 9. As a result of your actions, American Heritage and Isis Palicio have suffered a financial loss. IT IS THEREFORE CHARGED that you, VICKI LYNN BARKLEY, have violated or are accountable under the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your insurance licenses and eligibility for licensure: (a) Section 626.611(5), Florida Statutes, which provides that it is a violation to willfully misrepresent any insurance policy or willfully engage in deception with regards to such policy, either in person or by any form of dissemination of information; (b) Section 626.611(7), Florida Statutes, which provides that it is a violation to demonstrate lack of fitness or trustworthiness to engage in the business of insurance; ») ) (c) Section 626.611(9), Florida Statutes, which provides that it is a violation to engage in fraudulent or dishonest practices in the conduct of business under the license or permit; (d) Section 626.611(13), Florida Statutes, which provides that it is a violation to willfully fail to comply with, or willfully violate any proper order or rule of the department or willfully violate any provision of the Insurance Code; (e) Section 626.621(2), Florida Statutes, which provides that it is a violation for any agent 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 permit; () Section 626.621(6), Florida Statutes, which provides that it is a violation for any agent in the conduct of business under the license or permit, to engage in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of this chapter, or having otherwise shown himself to be a source of injury or loss to the public; (g) Section 626.9541(1)(e)1, Florida Statutes, which provides that it is a violation for any agent to knowingly: a. File with any supervisory or other public official, b. Make, publish, disseminate, circulate, c. Delivering to any person, d. Place before the public, e. Cause, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement; and ) ) (h) Section 626.9541(1)(ce), Florida Statutes, which provides that it is a violation for any agent to knowingly submit to an insurer on behalf of a consumer an insurance application bearing a false or fraudulent signature. COUNT II 10. Paragraphs one through four are realleged and incorporated herein by reference. 11. On or about January 1, 2011, you, VICKI LYNN BARKLEY, did submit 3 false and fraudulent applications to American Heritage for health insurance policies enrolling the purported applicants, as employees of O’Farrill Learning Center, in an employer health insurance group. These applications were signed and submitted by you as record agent to American Heritage for the sole purpose of receiving commissions. The policies were issued. 12. A subsequent audit undertaken by American Heritage determined that the above mentioned applications were false; that you, VICKI LYNN BARKLEY, were not the agent of record and despite your sworn representations contained in the applications to the contrary, you, VICKI LYNN BARKLEY, had never contacted the new insureds or verified the information contained in the applications. The true agent of record for these policies was one Isis Palicio of Coral Gables, Florida, a sub agent for the corporation. You, VICKI LYNN BARKLEY, received the true applications from Isis Palicio for submittal to American Heritage. You, VICKI LYNN BARKLEY, failed to submit the true applications to American Heritage. Rather, you VICKI LYNN BARKLEY, or someone under your direct supervision and control rewrote each of the applications, falsely affixed the applicant’s signature to the false application without either their knowledge or informed consent, and then signed the fraudulent applications certifying you as agent of record and representing that the information contained in the applications was true and accurate. You, VICKI LYNN BARKLEY, had no knowledge as to whether the 5 representations contained in the applications were accurate or not. You, VICKI LYNN BARKLEY, then submitted the fraudulent applications to American Heritage. This was done for the sole purpose of receiving commissions for which you had not earned and for which you were not entitled. 13. These applications were false and material misstatements of fact. You, VICKI LYNN BARKLEY, were aware at all times of these facts. 14. As a result of your actions, American Heritage and Isis Palicio have suffered a financial loss. IT IS THEREFORE CHARGED that you, VICKI LYNN BARKLEY, have violated or are accountable under the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your insurance licenses and eligibility for licensure: Sections 626.611(5)(7)(9) and (13); 626.621(2) and (6); and 626.9541(1)e)1 and (ee), Florida Statutes as more particularly alleged in count I above. WHEREFORE, you, VICKI LYNN BARKLEY, 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 other 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. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department of Financial Services ("Department") pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-106, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with Julie Jones, Agency Clerk, at the 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. FAILURE TO ENSURE YOUR WRITTEN RESPONSE IS RECEIVED BY THE DEPARTMENT 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 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, 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. 8 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 25 dayof_ Februar 4 2013. Greg Thomas Division Director, Agent and Agency Services CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished by Electronic Mail to VICKI@BENEFITSOLUTION.NET, 1272 NW 52" Way, Deerfield Beach, Florida 33442 this of Febrvory , 2013. S A. BOSSART, ESQUIRE ivision of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4124 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: VICKI LYNN BARKLEY CASE NO.: 130285-13-AG / ELECTION OF PROCEEDING Thave 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. Iam requesting disposition of this matter as indicated below. (CHOOSE ONE) 1] 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. 2. 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. 3.[] I dg 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. The address for filing is: Julie Jones, 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.: 10

Docket for Case No: 13-001658PL