ne IN THE MATTER OF: TRAVIS L. BENDER TO: TRAVIS L. BENDER 13525 S M 43 Hwy Delton, Ml 49046-9499 TRAVIS L. BENDER Amerity Financial P.O. Box 2356 TRAVIS L. BENDER Amerity Financial 8564 East CR 466, Suite 207 The Villages, FL 32162 e-mail: csatravis@gmail.com which it is alleged: CHIED FINANCIAL OFFICER JEFF APWATER STATE OF FLORIDA CASE NO. 144162-14-AG ADMINISTRATIVE COMPLAINT You, TRAVIS L. BENDER, 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 ; | i : : z i Sea a GENERAL ALLEGATIONS I. You, TRAVIS L. BENDER, are currently licensed in the state as a nonresident [le and variable annuity agent (8-14) and as a nonresident health agent (8-40). s and occurrences referred to in this Administrative 2. Atal times pertinent to the dat “ormplaint you, TRAVIS L. BENDER, were licensed an insurance agent in this state, operating out of the Amerity Financial LLC insurance agency (the agency), where you are listed Bj as the agent in charge. cer of the State of 3. Pursuant to Chapter 626, Florida Statutes, the Chief Financial Of Florida and the Department of Financial Services has jurisdiction over your insurance licenses and your eligibility for licensure and appointment. 4. Rule 69B-215.210, Florida Administrative Code, declares the business of life insurance 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 to a cHent'’s decision, and by being fair in all relations with colleagues and competitors, always terests first. placing the policyholder 3. Rule 69B-215.220, F Hers. declares rebating to be u that no person shall knowingly permit or offer to make ke any contract of life ins’ , life annuity, or disability tas to such contract other than as plainly expressed in the contract issued thereon, or pay or allow, or give or offer to pay, allow. or give, directly ¢ inducement to such inst UPance OF annul iy, an 2 ehate of premiums payable on the contract, or any ba — gs special favor or advantage in the dividends or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contract. 6. Section 626.951(1), Florida Statutes declares that the conduct and actions described in sections 626.9521 and 626.9541, Florida Statutes, constitute unfair and deceptive acts or practices as defined in the Unfair Ins ve Trade Practices Act. COUNT I 7. The above allegations are hereby realleged and fully incorporated herein by reference 8. For approximately a two-year period between October 2010 and August 2012, you. TRAVIS L. BENDER, distributed invitations to residents (prospects) in and about The Villages fo discuss imgurance products that you were then offering. 9. ‘Together with the invitations you, TRAVIS L. BENDER, offered these prospects a $100.00 meal card as consideration for meeting with you. The meal card offer was designed as an inducernent to enable you to review their finances and generate interest in purchasing an insurance policy product from you. iG. Each of the participating prospects completed a form provided by you, TRAVIS L. BENDER, that prominently displayed the restaurant offer and solicited contact information and a signature from each prospect il. During the two-year period, you, TRAVIS L. BENDER, made 276 appoimtments by i means of these invitations and sold policies to 44 participants. 12. Each of these $100.00 gift cards constituted an offer by you, TRAVIS L. BENDER, io give, either directly or indirectly, a valuable consideration or inducement to contract for insurance, including annuities, not provided in the insurance contra “wept “nai IT IS THEREFORE CHARGED that you, TRAVIS L. BENDER, have violated or are accountable under the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state: (a) Section 626.611(13), Florida Statutes, which provides itis 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 willfully violate of any provision of the Insurance Code. fb) Section 626.6210 . Florida Statutes, which provides it is a violation for any _ or managing applicant, agent, title agency, adjuster, customer representative, service representativ general agent, in the conduct of business under the license or appointment, to violate any provision of the Florida Insurance Code or any other law applicable te the business of insurance in the course of dealing under the license or appoimtment. (ce) Section 626.621(3), Florida Statutes, which provides it is a violation for any a applicant, agent, title agency, adjuster, cu omer representative, service representative, or managing general agent, in the conduct of business under the license or appointment, to violate any lawful order or rule of the department. (d) Section 626.621(6), Florida Statutes, which provides it is a violation for any applicant, agent, itile agency. adjuster, customer representative, service representative, 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 Statutes. (ce) Section 626.621(9), Florida Statutes, which provides it is a violation for any life agent to violate the code of etlnes. ob : : Fi i i i i ; : : i : i | ) Section 626954101 (hj b., Florida Statutes, which provides itis an unfair method of competition and an unfair or deceptive act or practice to pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to an insurance contract, any unlawful rebate 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. (g) Section 626.9521(2), Florida Statutes, which provides that any person who violates any provision of the Unfair Insurance Trade Practices Act is subject fo 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 penaity. IT IS THEREFORE CHARGED that you, TRAVIS L. BENDER, have violated or are accountable under the provisions of the Florida Insurance Code set forth above, which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state WHEREFORE, vou, TRAVIS L. BENDER, 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 set out in this Administrative Complaint. You are further notified that the Department intends to seek aggravation of all such penalties in accordance with the provisions of Rule 69B-231.160, Florida Administrative Code, and that any order entered in this case revoking or suspending any Heense or eligibility for licensure held by you shall alse apply to all other licenses and cligibility held by you under the Florida Insurance Code. at saga Sa NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department of 657 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 49 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 RY TRE 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 Admi strative Code, As noted above, completion of the attached Election of Proceeding form conforms fo these requirements. Specifically, your response must contain: fa) 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"). (} 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. agg Seat fc) A statement requesting an administrative hearing identifying those material facts that are in dispute. Hf there are none, the petition musi so mdicate. Gy A statement of when the respondent received notice strative complaint. fe) 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 vour expense, to present evidence and argument. to call and cross-examine witnesses, and fo compel the attendance of witnesses and the production of documents by subpoena. Hf a proceeding is requested and there is no dispute of material fact, the provisions of Section 126.57(2), Florida Stanites, 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 upen 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 “ea 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 deerned abandoned unless timely renewed in compliance with the guidelines as set oul 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 y y i ) the Department. it “Ty DAT SIGNED this 14 day of — GCN Lark __, 2014, . we Director, Agent and Agency Services CERTIFICATE OF SERVICE Robert R. Wills, attorney at law, at Bob WillsF LA@aol.com on this if day of .S@.nt “a. 2014, oN 9 0, /) David J. Busch Division of Legal Services 200 East Gaines Street 612 Larson Building Tallahassee, FL 32399-0333 Tel: {850} 413-421 Pax: (850 487-4907 e-mail: david. busch@myfloridacfo.com Atiorney for the Department Fla. Bar No.: 140945

Docket for Case No: 14-001542PL