FILED FER 5208 Dockeied by be __ CHIEF FINANCIAL OFFICER JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: CASE NO: 121071-11-AG MARISOL PENA / a ADMINISTRATIVE COMPLAINT MARISOL PENA 13876 SW 56 STREET MIAMI, FL 33175-6021 You, MARISOL PENA, license LD. # D068743, 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 a public adjuster in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, MARISOL PENA, are currently licensed in this state as a public adjuster. 2. At all times pertinent to the dates and occurrences referred to herein, you, MARISOL PENA, were licensed in this state as a public adjuster. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over your public adjuster license and appointment(s). wa COUNT I 4, The above general allegations are hereby realleged and fully incorporated herein by reference, 5. Section 626.112(1)(a), Florida Statutes, provides, in part, that no person may be, act as, or advertise or hold himself or herself out to be an insurance agent, insurance adjuster, or customer service representative unless he or she is currently licensed by the department and appointed by an appropriate appointing entity or person. _ 6. . On or about April 16, 2010, consumer E.V. submitted a water loss claim with you, MARISOL PENA, for damage occurring in her home. 7. On April 20, 2010, you, MARISOL PENA, entered into a public adjusting contract with consumer E.V. The contract indicated that you, MARISOL PENA, were the licensed public adjuster for Florida Preferred Public Adjusters, Inc. 8. You, MARISOL PENA, did not have any valid appointment(s) at the time the contract with E.V. was signed. IT IS THEREFORE CHARGED that you, MARISOL PENA, 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 for the suspension or revocation of your license or appointment as a public adjuster in this state: (a) Section 626.112(1)(a), Florida Statutes, which provides that no person may be, act as, or advertise or hold himself or herself out to be an insurance adjuster unless he or she is currently appointed by an appropriate appointing entity or person. (b) Section 626.611(1), Florida Statutes, which provides that the Department shall deny, suspend, revoke, or refuse to renew or continue the license or appointment of any public Se adjuster if it finds that the applicant, licensee, or any principal thereof lacks one or more of the qualifications for the license or appointment as specified. (c) Section 626.611(13), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to willfully fail to comply with, or willfully violate, any proper order or rule of the department or any provision of this code. COUNT II 9. The above general allegations are hereby realleged and fully incorporated herein by reference. 10. Section 626.854(11)(b)(2), Florida Statutes, provides, in part, that a public adjuster may not charge, agree to, or accept any compensation, payment, commission, fee, or other thing of value in excess of twenty percent of the amount of insurance claim payments made by the insurer. ee On April 20, 2010, you, MARISOL PENA, entered into a public adjusting contract with consumer E.V. The contract indicates that you, MARISOL PENA, charged consumer E.V. twenty-five percent (25%) of the insurance settlement proceeds. 12. This percentage is above the statutory maximum of twenty (20%) percent. IT IS THEREFORE CHARGED that you, MARISOL PENA, 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 for the suspension or revocation of your license or appointment as a public adjuster in this state: (a) Section 626.854(11)(b)(2), Florida Statutes, which provides that a public adjuster may not charge, agree to, or accept any compensation, payment, commission, fee, or other thing of value in excess of twenty percent of the amount of insurance claim payments made by the insurer for claims that are not based on events that are the subject of a declaration of a state of emergency by the Governor. (b) Section 626.611(1), Florida Statutes, which provides that the Department shall deny, suspend, revoke, or refuse to renew or continue the license or appointment of any public adjuster if it finds that the applicant, licensee, or any principal thereof lacks one or more of the qualifications for the license or appointment as specified. . (c) Section 626.611(13), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to willfully fail to comply with, or willfully violate, any proper order or tule of the department or any provision of this code. WHEREFORE, you, MARISOL PENA, are hereby notified that the Chief Financial Officer, through his designee, intends to enter an order suspending or revoking any license and appointment issued to you pursuant to the Florida Insurance Code 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 626.8698, 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 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 an 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 32399-0333. 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), 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 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 4S) _ day of Aolnusr- 2013. Gregory Thomas Director, Agent & Agency Services CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: MARISOL PENA, 13876 SW 56" ST, MIAMI, FL 33175-6021, by Certified Mail this SA day of 5 2013. Department of Financial Services Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4156

Docket for Case No: 13-002803PL