-uysst™™ sa FILED JAN 142014 Sy CAA ockeled by CHIEP FINANCIAL OFFICER JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: CASE NO. 144166-14-AG JOSEPH NEIL MANASSA ADMINISTRATIVE COMPLAINT TO: JOSEPH NEIL MANASSA 2213 Edmonton Street Winter Haven, FL 33881-8263 JOSEPH NEIL MANASSA 8564 East CR 174" Loop The Villages, FL 32162 e-mail: jmanassa@email.com You, JOSEPH NEIL MANASSA, 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 i is alleged: GENERAL ALLEGATIONS 1. You, JOSEPH NEIL MANASSA, are currently licensed in the state as a life including variable annuity and health agent (2-15), a life agent (2-16), a life & health agent (2- 18) and as a health agent (2-40). ‘oa “sgt ba At all times pertinent to the dates and occurrences referred to in this Administrativ Complaint you, JOSEPH NEIL MANASSA, were licensed as an insurance agent in this stat You have operated out of various agency locations, incl Plorida where you are listed as the President, Secretary, Treasurer and Agent in Charge of that agency. You have also worked out of the Amerity Financial LLC insurance agency. 3. Pursuant to Chapter 626, Florida Statutes, the Chief Financial Officer of the State of Florida and the Department of Financial Services has jurisdiction over your insurance licenses and your eligibility for Hcensure and appointment. 4, Rule 69B-215.210, Florida Administrative Code, declares the business of life imsurance to be a public trust, in which all agents of all companies have a common obligation to work together in serving the best interests of the insuring public, by understanding and observing the laws governing Life Insurance by presenting accurately and completely every fact essential g fair in all relations with colleagues and competitors, always 5. Rule 69B-215.220, Florida Administrative Code. part of the Code of Ethics for Life Underwriters, declares rebating to be unethical and provides that no person shall knowingly permit or offer io make or make any contract of life insurance, life annuity, or disability msgurance, or agreement as to such contract other than as plainly expressed in the contract issued thereon, or p allow, or give or offer to pay. allow, or give, directly or indirectly as an mducement to such insurance, or annuity, any rebate of premiums payable on the contract, or any spe vial favor or advantage in the dividends or other benefits thereon, or any valuable deration or inducement whatever not specified in the contract. Ko vena” sei 6. Section 626.051(1), Florida Statutes declares that the conduct and actions described in sections 626.9521 and 626.9341, Florida Statutes, constitutes unfair and deceptive acts or practices r Insurance Trade Practices Act COUNTI 7. The above allegations are hereby realleged and fully incorporated herein by reference 8. For approximat anuary 2011 and May 2012, you JOSEPH NEIL MANASSA, distributed invitations to residents (prospects) in and about The Villages to meet with you to discuss insurance products that you were then offering. 9. Together with the invitations you, JOSEPH NEIL MANASSA, offered these prospects a $100.00 meal card as consideration for meeting with you. The meal card offer was designed as an inducement to enable you to review their fi generate interest in purchasing an insurance policy from you. 10. Each of the participatir g prospects completed a form provided by you, JOSEPH NELL SSA. that rominently display and solicited contact information and a signature from each prospect. ii. During the 16-month period, you, JOSEPH NEIL MANASSA, made 152 appointments by means of these invitations and sold policies to 24 participants. 12, Each of these $100.00 gift cards constituted an offer by you, JOSEPH NEIL MANASSA, to give either directly or indirectly a valuable consideration or inducement to contract for insurance, i nol provided in the insurance contracts. ITIS THEREFORE CHARGED that you, JOSEPH NEIL MANASSA, have violated or are accountable under the following provi sions of the Florida Insurance Code which constitute grounds or the suspension or revocation of your licen iS an insurance agent in the state: 3 veg ei on (a) Section 626.611(13), Florida Statutes, which provides it is av n for any applicant, agent, title agency, mer 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 willfully n of the Insurance Code. Statutes, which provides it is a violation for any cy, adjuster, customer representative, service representative, or managing general agent, in the conduct of business under the license or appointment, to violate any provision « applicable to th (c} Section 626.621(3), Plorida Statwtes, which provides it is a violation for any adjuster, c applicant, agent, itle agency, omer representative, service representative, or managing general agent, m the conduct of business under the license or appointment, to violate any lawful (a) Section 626.621(6), Florida Statutes, which provides it is a violation for any applicant, agent, tt] cy, adjuster, c stomer represe entative, service repre: esentalive, or managing general agent, in the conduct of business under the license or appointment, to engage in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part IX of Chapter 626, Florida Statute (e) Section 626.621(9}, Florida Statutes, which provides it is a violation for any life agent to 2s it is an unfair method of competition and an unfair or deceptive act or practice to pay, allow, or give, or offer to pay, as an inducement fo an insurance contract, any unlawful rebate l i “ae mea of premiums payable on the contract. any special favor or advantage in the dividends or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contract. Section 626.9521(2), Florida Statutes, which provides that any person who violates any provision of the Unfair Insurance Trade Practices Act is subject to a fine in an amount not greater than $5,000 for each nonwillful violation and not greater than $40,000 for each willful violation, such fines being in addition to any other applicable penalty. PPS THEREFORE CHARGED that you, JOSEPH NEIL MANASSA, have violated or are isurance Code set forth above, which constitute accountable under the provisions of the Florida grounds for the suspension or revocation of your licens s as an insurance agent in the stafe. WHEREFORE, you, JOSEPH NEIL MANASSA, 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 sel out in this Admmistrative Complaint. You are further notified that the Department intends to k aggravation of all such penalties in accordance with the provisions of Rule 695-23 1.160, Florida Administrati ve Code, and that any order entered in this case revoking or suspending any license or eligibility for censure held by you shall also apply to all other Hcenses and eligibility heid by you under the Plorida 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 120.87, Florida Statutes, and Rule 28-106, Florida Administrative Code. The proceeding request must be in writing, “ga Sea 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 musi be filed with Juhe Jones, Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee. Florida 32399-0390. Your written respons received by the Departmnent 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 io a hearing. FAILURE TO ENSURE YOUR WRITTEN RESPONSE IS RECEIVED BY THE DEPARTMENT WITHIN TWENTY-GNE @1) 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 ched Election of Proceeding form conforms to these requirements. response must contam: fa) The name, address, and telephone number, and facsimile number (if any} of the respondent (for the parpose of requesting a hearing in this matter, you are the “respondent”). (b} The name, address, telephone number, facsimile number of the attorney or 1 any) upon whom service of pleadings and other qualified representative of the respondent ( papers shall be made, ting an administrative hea material f ich A statement req that are in dispute. Hf there are none, the petition must so indicate. ioe) (dg) A statement of whe pondent received notice of the administrative complaint. i E i 2 i : i ei” “wat (e) A Statement including the file mumber 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, fo call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. Ha ied and there is no dispute of material fact, the provisions of Section 120.57(2), Plorida 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 vou feel that a hearing is necessary, one will be conducted in Tallahass €, Florida, or by telephonic conference cali 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 120.571), Florida Statutes. These proceedi 1G Acministrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Plerida. 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 matte ull be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any requesi for an is notice shall be deemed abandoned ralive proceedir g received prior to the date of 1 t out above. wed in compliance with the guidelines as “a ‘a > Mediation of this matter pursuant to Section 120.573, Florida Statutes, is not available No Department attorney will dis er with you until the response has been received by the Department. erence roan DATED and SIGNED this_|4 day of Jon UR 2014. ea ca g Thomas Director, Agent and Agency Services CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been furnished by e-mail to JOSEPH NEIL N mail.com aol.com on this day of January. und fo his listed attorney, Robert R. Wills. at RobWillsFLA 20t4. er eeen Da ae Busch 300 East Gaines Street 612 Larson Building ssee. PL 32399-0333 GO) 414-401) ) busch @mytic s for the Department Fla. Bar No.: 140945

Docket for Case No: 14-001541PL