FILED JUN 25 2013 CHIEF FINANCIAL OFFICER Docketed by_&ee _ JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: THERESA M. CARNEY . CASE NO.: 119301-13-AG ADMINISTRATIVE COMPLAINT TO: THERESA M. CARNEY 3501 Del Prado Blvd Cape Coral, Florida 33904 YOU, THERESA M. CARNEY, are hereby notified that the Chief Financial Officer of the State of Florida (“the Department”) 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, THERESA M. CARNEY, license identification number A074033 are currently licensed in this state as a General Lines Insurance agent. 2. At all times pertinent to the dates and occurrence referred to herein, you, THERESA M. CARNEY, were licensed in this state as an insurance agent. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services has jurisdiction over your insurance licenses and appointments. ) ) 4. For all of the relevant periods of time covered below, you, THERESA M. CARNEY, operated and were owner, president and director of Monteagle Insurance Services, Inc., an incorporated insurance agency doing business in Cape Coral, Florida. 5. At all times pertinent to the allegations of this complaint, you, THERESA M. CARNEY, as owner and officer of the agency, were personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any provisions of the Florida Insurance Code committed by you or by any person under your direct supervision and control while acting on behalf of the corporation. [Sections 626.734, Florida Statutes] COUNT I 6. The above General Allegations are hereby realleged and fully incorporated herein by reference. 7. You, THERESA M. CARNEY, employed one Tanya Kauwe, to work at the agency. Tanya Kauwe at no time pertinent to the dates and occurs referred to herein was licensed by this Department. 8. You, THERESA M. CHARNEY, knowingly allowed Tanya Kauwe to hold herself out to the insurance buying public as a customer service representative. 9. Tanya Kauwe on one or more occasions during her employment at the agency entered into preliminary negotiations with customers or prospective customers; solicited or induced the sale of insurance; effected one or more contracts of insurance; and transacted insurance related matters subsequent to effectuation of one or more contracts of insurance and arising out of them. You, THERESA M. CARNEY, were aware of or certainly should have been aware of these facts. 10. . You, THERESA M. CARNEY, knowingly allowed Tanya Kauwe to hold herself out to the insurance buying public as a customer service representative and to transact insurance at the » ) agency without benefit of licensure, all in violation of Sections 626.112(1)(a) and (b); 626.112(2) and 626.0428, Florida Statutes. IT IS THEREFORE CHARGED that you, THERESA M. CARNEY, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Florida Department of Financial Services which constitute grounds for the suspension or revocation of your license and eligibility for licensure as a managing general agent: (a) Section 626.112(1)(a), Florida Statutes, which provides that no person may be, act as, or advertise or hold herself out to be an insurance agent or customer service representative unless she is currently licensed by the department and appointed by an appropriate entity or person; (b) Section 626.112(1(b), Florida Statutes, which provides that except as provided in subsection (6) or in applicable department rules, and in addition to other conduct described in this chapter with respect to particular types of agents, a license as an insurance agent, service representative, customer representative, or limited customer representative is required in order to engage in the solicitation of insurance; (c) Section 626.0428, Florida Statutes, which provides that no employee of an agent or agency may bind insurance coverage unless licensed and appointed as a general lines agent or customer representative. No employee of an agent or agency may initiate contact with any person for the purpose of soliciting insurance unless licensed and appointed as a general lines agent or customer representative. The following actions are never allowable by unlicensed personnel: 1. Comparing insurance products; advising as to insurance needs or insurance matters; or interpreting policies or coverages; and ) ) 2. Binding new, additional, or replacement coverage for new or existing customers; or binding coverage on or recording additional property under existing policies; . (d) Section 626.611(7), Florida Statutes, which provides that it is a violation to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance; (e) Section 626.611(13), Florida Statutes, which provides that it is a violation to willfully fail to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of this code; | (63) Section 626.621(2), Florida Statutes, which provides that it is a violation to willfully fail to comply with 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; (g) 626.621(12), Florida Statutes, which provides that it is a violation to knowingly aid, assist, procure, advise, or abet any person in the violation of or to violate a provision of the insurance code or any order or rule of the department, commission, or office. WHEREFORE, you, THERESA M. CARNEY, are hereby notified that the Chief Financial Officer of the State of Florida, 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 dy ») 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 A CEASE AND DESIST ORDER SHALL 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) Your name, address, and telephone number, and facsimile number (if any). (b) The name, address, telephone number, facsimile number of your attorney or qualified representative (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 this 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 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. “A __ DATED this 25” dayof Sune 2013. Gregory Thomas Director, Agent & Agency Services CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing was sent by Electronic Mail to: tcarney@monteagleinsurance.com; and/or Certified Mail to Theresa M. Carney, 3501 Del Prado Blvd., Cape Coral, FL 33904 this 25" day of Sune_, 2013. ames A. Bossart, Esquire 00 East Gaines Street 612 Larson. Building Tallahassee, FL 32399-0333 (850) 413-4124 Florida Bar No. 374598 Attorney for the Department STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES ‘IN THE MATTER OF: CASE NO.: 119301-13-AG THERESA M. CARNEY 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) 1 [] 3.0) 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: Julie Jones, 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.:

Docket for Case No: 13-002594PL