Petitioner: DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF INSURANCE AGENTS AND AGENCY SERVICES
Respondent: PAN AMERICAN TILE COMPANY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Financial Services
Locations: Tampa, Florida
Filed: Jun. 11, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 16, 2015.
Latest Update: Dec. 24, 2024
FILED
MAY 0 8 2014
wigerewammie” —_Docketed by_
STATE OF FLORIDA
IN THE MATTER OF:
CASE NO.: 144193-14-AG
PAN AMERICAN TITLE COMPANY
ADMINISTRATIVE COMPLAINT.
TO: PAN AMERICAN TITLE COMPANY
8220 Hanley Road
Tampa, FL 33634-2206
c/o N. BURTON WILLIAMS, PA
324 South Hyde Park Avenue, Suite 275.
Tampa, FL 33606
PAN AMERICAN TITLE COMPANY, license LD. #4199588, is 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 title insurance agency in this state, as a result of which it is alleged:
GENERAL ALLEGATIONS
1. Pursuant to Chapter 626, Florida Statutes, PAN AMERICAN TITLE COMPANY
(“PAN AMERICAN”) is currently licensed in this state as a title insurance agency (4-12).
2. At all times pertinent to the dates and occurrences referred to herein, PAN
AMERICAN is licensed in this state as a title insurance agency.
) )
3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial
Services has jurisdiction over your insurance license and appointments.
4, PAN AMERICAN is an active Florida company registered with the Department
of State, Division of Corporations.
5. At all times material herein, PAN AMERICAN, as a licensed title agency,
conducted insurance business by, through and with Nilsa Santos Fernandez (“Nilsa Fernandez”),
as the sole officer thereof.
6. At all times material herein, Nilsa Fernandez and Melissa Antonsanti a/k/a
Melissa Davila, an employee of PAN AMERICAN and Nilsa Fernandez’s daughter, were the
authorized signatories on PAN AMERICAN’s escrow account.
7. At all times material herein, Nilsa Fernandez was the sole authorized signer on
SunTrust Bank account number ending in 1066.
8. An investigation was made into the activities of PAN AMERICAN based upon a
complaint alleging inflated figures listed on a U.S. Department of Housing and Development
Settlement Statement (“HUD-1” or “HUD-1 Settlement Statement”).
9. As a result of the investigation, discrepancies were found on HUD-1 Settlement
Statements generated by PAN AMERICAN. These HUD-1 Settlement Statements included
monetary amounts falsely inflated. As a result, additional monies were paid in each transaction
referenced in this Administrative Complaint which were then misappropriated by PAN
AMERICAN and used for its own use and benefit.
COUNT I
10. The above general allegations are hereby re-alleged and fully incorporated herein
by reference.
11. Section 624.501(27)(e)7, Florida Statutes, provides, in part, that on or before
January 30 of each year, each licensed title insurance agency shall remit to the Department an
administrative surcharge of $200.00.
12, On or about January 2, 2013, the Department issued a written notice to PAN
AMERICAN, reflecting that it has failed to remit the required 2012 administrative surcharge
assessed by the Department.
13. As of the date of this Administrative Complaint, PAN AMERICAN has failed to
remit payment for the administrative surcharge.
IT IS THEREFORE CHARGED that, PAN AMERICAN has violated or is accountable
under the following provisions of the Florida Insurance Code and Rules of the Department of
Financial Services which constitute grounds for the suspension or revocation of its licenses and
appointments:
(a) Section 624.501(27)(e)2, Florida Statutes, which provides that each licensed title
insurance agency shall remit to the Department an administrative surcharge of $200 on or before
January 30 of each calendar year.
(b) Section 626.8437(9), Florida Statutes, which provides that a willful failure to
comply with, or willful violation of, any proper order or rule of the department or willful
violation of any provision of this act is, in itself, a violation of law.
COUNT II
14. The allegations in paragraphs 1-9 are hereby realleged and fully incorporated
herein by reference.
) )
15. On or about January 7, 2011, PAN AMERICAN was settlement agent for
purchase of property located on Jackson Springs Road in Tampa, Florida, PAN AMERICAN file
number PA11-328.
16. Melissa Antonsanti, as settlement agent for Pan American, executed the HUD-1
Settlement Statement.
17, This transaction was a short sale, which means the proceeds fall short of the
balance of debts, and the seller is to receive no sale proceeds.
18. As part of the short sale approval process, the lender’s approval of the settlement
charges being paid by the seller would have been necessary.
19. There were two executed HUD-1 Settlement Statements located in PAN
AMERICAN’s file, dated January 7, 2011, which depict the real estate taxes and settlement
charges differently. However, the HUD-1 Settlement Statements should have contained identical
amounts of taxes due and settlement charges.
20. While the total settlement charges paid by the seller remained the same on each
HUD-1, the allocation of the settlement charges provided to the lender reflects that PAN
AMERICAN was receiving settlement or closing fees in the amount of $1,800, $600 less than
the actual fee. The actual fee was $2,400.
21. The HUD-1 Settlement Statement to the lender quoted impermissible premium,
charges in excess of the actual fee, and property taxes in the amount of $3,323.91. In point of
fact, the property taxes had already been paid. PAN AMERICAN collected $3,323.91 for
property taxes which were known not to be due and retained this money for its own use.
IT IS THEREFORE CHARGED that, PAN AMERICAN has violated or is accountable
under the following provisions of the Florida Insurance Code and Rules of the Department of
) )
Financial Services which constitute grounds for the suspension or revocation of its licenses and
appointments:
(a) Section 626.611(7), 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 demonstrate a lack of fitness or trustworthiness to engage in the
business of insurance.
(b) Section 626.611(10), 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 misappropriate, convert, or unlawfully withhold moneys belonging
to insurers or insureds or beneficiaries or others and received in conduct of business under the
license or appointment.
(c) Section 626.8437(7), Florida Statutes, which provides that it is a violation to
misappropriate, convert, or unlawfully withhold moneys belonging to title insurers or insureds or
others received in conduct of business under the license or appointment.
(d) Section 626.561(1), Florida Statutes, which provides that all premiums, return
premiums, or other funds belonging to insurers or others received by an agent, insurance agency
in transactions under the license shall be trust funds so received by the licensee in a fiduciary
capacity; and the licensee shall account for and pay the same to the insurer, insured, or other
person entitled thereto.
(e) Section 626.9541(1)(0)(1), Florida Statutes, which provides that it is a violation to
knowingly collect a sum as a premium or charge for insurance, which is not then provided, or is
not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance
policy issued by an insurer as permitted by this code.
) )
(69) Section 626.780(1), Florida Statutes, which provides that is a violation to
knowingly quote, charge, accept, collect or receive a premium for title insurance other than the
premium adopted by the commission.
COUNT II
22. The allegations in paragraphs 1-9 are hereby realleged and fully incorporated
herein by reference.
23. On or about February 24, 2011, PAN AMERICAN was settlement agent for
purchase of property located on South 70 Street in Tampa, Florida, PAN AMRICAN file
number PA11-228.
24, Nilsa Fernandez , as settlement agent for PAN AMERICAN, executed the HUD-1
Settlement Statement.
25. This transaction was a short sale, which means the proceeds fall short of the
balance of debts, and the seller is to receive no sale proceeds.
26. As part of the short sale approval process, the lender’s approval of the settlement
charges being paid by the seller would have been necessary.
27. There were two executed HUD-1 Settlement Statements located in PAN
AMERICAN’s file which depict the settlement charges differently. However, the HUD-1
Settlement Statements should have contained identical settlement charges.
28. While the total settlement charges paid by the seller remained the same on each
HUD-1, the allocation of the settlement charges on the HUD-1 provided to the lender reflects
that PAN AMERICAN was receiving a settlement or closing fee in the amount of $850, which
was $450 less than its actual fee. The actual fee was $1,300.
) J
29. The offset of the $450 was principally comprised of an inflated cost for title
insurance and revenue stamps on the deed, items the lender approving the short sale would
normally deem as non-negotiable.
30. The signed HUD-1 Settlement Statement, dated February 24, 2011, reflects a total
of $3,959.61 in property taxes being paid on behalf of the seller. In point of fact, the property
taxes had already been paid. PAN AMERICAN retained this money for its own use.
IT IS THEREFORE CHARGED that, PAN AMERICAN has violated or is accountable
under the following provisions of the Florida Insurance Code and Rules of the Department of
Financial Services which constitute grounds for the suspension or revocation of its licenses and
appointments:
(a) Section 626,.8437(6), Florida Statutes, which provides that it is a violation to use
fraudulent or dishonest practices in the conduct of business under the license or appointment.
(b) Section 626,611(7), 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 demonstrate a lack of fitness or trustworthiness to engage in the
business of insurance.
(c) Section 626.611(10), 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 misappropriate, convert, or unlawfully withhold moneys belonging to
insurers or insureds or beneficiaries or others and received in conduct of business under the
license or appointment.
) )
(d) Section 626.8437(7), Florida Statutes, which provides that it is a violation to
misappropriate, convert, or unlawfully withhold moneys belonging to title insurers or insureds or
others received in conduct of business under the license or appointment.
(e) Section 626.561(1), Florida Statutes, which provides that all premiums, return
premiums, or other funds belonging to insurers or others received by an agent, insurance agency
in transactions under the license shall be trust funds so received by the licensee in a fiduciary
capacity; and the licensee shall account for and pay the same to the insurer, insured, or other
person entitled thereto. .
COUNT IV
31. The allegations in paragraphs 1-9 are hereby realleged and fully incorporated
herein by reference.
32. | Onor about April 14, 2011, PAN AMERICAN was settlement agent for purchase
of property located on N. Darmouth Avenue in Tampa, Florida, PAN AMERICAN file number
_PALL-394.
33. This transaction was a short sale, which means the proceeds fall short of the
balance of debts, and the seller is to receive no sale proceeds.
34. As part of the short sale approval process, the lender’s approval of the settlement
charges being paid by the seller would have been necessary.
35. Melissa Antonsanti and Nilsa Fernandez handled the short sale approval process
for the listing broker for the subject property.
36. While the total settlement charges paid by the seller, on the HUD-1, remained
unchanged from the HUD-1 approved by the lender, the allocation of the settlement charges on
the HUD-1 submitted to the lender for approval of the short sale reflects that PAN AMERICAN
) J
was receiving a settlement or closing fee in the amount of $1,640, which was $310 less than its
actual charge. The actual charge was $1,950. The offset is comprised of an inflated cost of title
insurance and documentary stamps on the deed, items the lender approving the short sale would
normally deem to be non-negotiable.
37, PAN AMERICAN collected $1,355.31 for real estate taxes which were known
not to be due and retained these funds for its own use. .
IT IS THEREFORE CHARGED that, PAN AMERICAN has violated or is accountable
under the following provisions of the Florida Insurance Code and Rules of the Department of
Financial Services which constitute grounds for the suspension or revocation of its licenses and
appointments:
(a) Section 626.611(7), 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 demonstrate a lack of fitness or trustworthiness to engage in the
business of insurance.
(b) Section 626.61 1(10), 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 misappropriate, convert, or unlawfully withhold moneys belonging to
insurers or insureds or beneficiaries or others and received in conduct of business under the
license or appointment.
(c) Section 626.8437(7), Florida Statutes, which provides that it is a violation to
misappropriate, convert, or unlawfully withhold moneys belonging to title insurers or insureds or
others received in conduct of business under the license or appointment.
) )
(d) Section 626.8437(6), Florida Statues, which provides that it is a violation to use
fraudulent or dishonest practices in the conduct of business under the license or appointment.
(e) Section 626.561(1), Florida Statutes, which provides that all premiums, return
premiums, or other funds belonging to insurers or others received by an agent, insurance agency
in transactions under the license shall be trust funds so received by the licensee in a fiduciary
capacity; and the licensee shall account for and pay the same to the insurer, insured, or other
person entitled thereto
(f) Section 626.9541(1)(0)(1), Florida Statutes, which provides that it is a violation to
knowingly collect a sum as a premium or charge for insurance, which is not then provided, or is
not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance
policy issued by an insurer as permitted by this code.
(g) Section 626.780(1), Florida Statutes, which provides that it is a violation to
knowingly quote, charge, accept, collect or receive a premium for title insurance other than the
premium adopted by the commission.
COUNT V
38. The allegations in paragraphs 1-9 are hereby realleged and fully incorporated
herein by reference.
39. On or about March 21, 2011, PAN AMERICAN was settlement agent for
purchase of property located on Ridge Bend Court in Tampa, Florida, PAN AMERICAN file
number PA11-410.
40. Nilsa Fernandez, as settlement agent for PAN AMERICAN, executed the HUD-1
Settlement Statement.
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) )
41. The HUD-1 Settlement Statement to the lender quoted impermissible premium,
charges in excess of the actual costs, and $6,467.33 for the payment of property taxes. In point of
fact, the property taxes owed were $6,167.33.
42. There was no documentation in PAN AMERICAN’ file reflecting the excess
costs collected were refunded to the seller.
IT IS THEREFORE CHARGED that, PAN AMERICAN has violated or is accountable
under the following provisions of the Florida Insurance Code and Rules of the Department of
Financial Services which constitute grounds for the suspension or revocation of its licenses and
appointments:
(a) Section 626.611(7), 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 demonstrate a lack of fitness or trustworthiness to engage in the
business of insurance.
(b) — Section 626.611(10), 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 misappropriate, convert, or unlawfully withhold moneys belonging to
insurers or insureds or beneficiaries or others and received in conduct of business under the
license or appointment.
(c) Section 626.8437(7), Florida Statutes, which provides that it is a violation to
misappropriate, convert, or unlawfully withhold moneys belonging to title insurers or insureds or
others received in conduct of business under the license or appointment.
(d) Section 626.8437(6), Florida Statues, which provides that it is a violation to use
fraudulent or dishonest practices in the conduct of business under the license or appointment.
11
) )
(e) Section 626.561(1), Florida Statutes, which provides that all premiums, return
premiums, or other funds belonging to insurers or others received by an agent, insurance agency
in transactions under the license shall be trust funds so received by the licensee in a fiduciary
capacity; and the licensee shall account for and pay the same to the insurer, insured, or other
person entitled thereto.
(fy Section 626.9541(1)(0)(1), Florida Statutes, which provides that it is a violation to
knowingly collect a sum as a premium or charge for insurance, which is not then provided, or is
not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance
policy issued by an insurer as permitted by this code.
(g) Section 626.780(1), Florida Statutes, which provides that it is a violation to
knowingly quote, charge, accept, collect or receive a premium for title insurance other than the
premium adopted by the commission.
COUNT VI
43. The allegations in paragraphs 1-9 are hereby realleged and fully incorporated
herein by reference.
44. Onor about April 12, 2011, PAN AMERICAN was settlement agent for purchase
of property located on Rainbow Drive in Temple Terrace, Florida, PAN AMERICAN file
number PA11-419.
45. Nilsa Fernandez, as settlement agent for PAN AMERICAN, executed the HUD-1
Settlement Statement.
46. This transaction was a short sale, which means the proceeds fall short of the
balance of debts and the seller is to receive no sale proceeds.
12
) )
47. As part of the short sale approval process, the lender’s approval of the settlement
charges being paid by the seller would have been necessary.
48. | Documents which were in PAN AMERICAN’s file reflect the total property tax
payoff due was $10,043.76. However, these taxes were ultimately paid by a different entity and
PAN AMERICAN retained the funds collected for its own use.
IT IS THEREFORE CHARGED that, PAN AMERICAN has violated or is accountable
under the following provisions of the Florida Insurance Code and Rules of the Department of
Financial Services which constitute grounds for the suspension or revocation of its licenses and
appointments:
(a) Section 626.611(7), 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 demonstrate a lack of fitness or trustworthiness to engage in the
business of insurance.
(b) Section 626.611(10), 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 misappropriate, convert, or unlawfully withhold moneys belonging to
insurers or insureds or beneficiaries or others and received in conduct of business under the
license or appointment.
(c) Section 626.8437(7), Florida Statutes, which provides that it is a violation to
misappropriate, convert, or unlawful withhold moneys belonging to title insurers or insureds or
others received in conduct of business under the license or appointment.
(d) Section 626.8437(6), Florida Statutes, which provides that it is a violation to use
fraudulent or dishonest practices in the conduct of business under the license or appointment.
13
) )
(e) Section 626.561(1), Florida Statutes, which provides that all premiums, return
premiums, or other funds belonging to insurers or others received by an agent, insurance agency
in transactions under the license shall be trust funds so received by the licensee in a fiduciary
capacity; and the licensee shall account for and pay the same to the insurer, insured, or other
person entitled thereto.
COUNT VII
49. The allegations in paragraphs 1-9 are hereby realleged and fully incorporated
herein by reference.
50. | Onor about May 27, 2011, PAN AMERICAN was settlement agent for purchase
of property located on E. North Street in Tampa, Florida, PAN AMERICAN file number PAI1-
454,
51. Nilsa Fernandez, as settlement agent for PAN AMERICAN, executed the HUD-1
Settlement Statement.
52. This transaction was a short sale, which means the proceeds fall short of the
balance of debts, and the seller is to receive no funds from the sale of the subject property.
53. As part of the short sale approval process, the lender’s approval of the settlement
charges being paid by the seller would have been necessary.
54. There were three executed HUD-1 Settlement Statements located in PAN
AMERICAN's file; one for the lender, one for the buyer, and one for the seller. The HUD-1
Settlement Statements should have contained identical settlement charges.
55. While the total settlement charges paid by the seller remained the same on each
HUD-1, the allocation of the settlement charges on the HUD-1, which was provided to the
) )
lender, reflects that PAN AMERICAN was receiving a settlement or closing fee in the amount of
$1,500 which was $650 less than its actual fee. The actual fee was $2,150.
56. The offset to the $650 was comprised of an inflated cost for title insurance,
recording fees, and revenue stamps on the deed, items the lender approving the short sale would
normally deem as non-negotiable, unlike the settlement or closing fee.
57. The signed HUD-1 Settlement Statement, dated May 27, 2011, reflects $2,676.72
in property taxes being paid on behalf of the seller. In point of fact, the actual amount due was
$2,161.96.
58. | PAN AMERICAN charged $514.76 more than the actual amount due and retained
this money for its own use.
IT IS THEREFORE CHARGED that, PAN AMERICAN has violated or is accountable
under the following provisions of the Florida Insurance Code and Rules of the Department of
Financial Services which constitute grounds for the suspension or revocation of its licenses and
appointments:
(a) Section 626.611(7), 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 demonstrate a lack of fitness or trustworthiness to engage in the
business of insurance.
(b) Section 626.611(10), 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 misappropriate, convert, or unlawfully withhold moneys belonging to
insurers or insureds or beneficiaries or others and received in conduct of business under the
license or appointment.
15
) )
(c) Section 626.8437(7), Florida Statutes, which provides that it is a violation to
misappropriate, convert, or unlawfully withhold moneys belonging to title insurers or insureds or
others received in conduct of business under the license or appointment.
(d) Section 626.8437(6), Florida Statutes, which provides that it is a violation to use
fraudulent or dishonest practices in the conduct of business under the license or appointment.
(e) ' Section 626.561(1), Florida Statutes, which provides that all premiums, return
premiums, or other funds belonging to insurers or others received by an agent, insurance agency
in transactions under the license shall be trust funds so received by the licensee in a fiduciary
capacity; and the licensee shall account for and pay the same to the insurer, insured, or other
person entitled thereto.
(63) Section 626.9541(1)(0)(1), Florida Statutes, which provides that it is a violation to
knowingly collect a sum as a premium or charge for insurance, which is not then provided, or is
not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance
policy issued by an insurer as permitted by this code.
(g) Section 626.780(1), Florida Statutes, which provides that a person may not
knowingly quote, charge, accept, collect or receive a premium for title insurance other than the
premium adopted by the commission.
COUNT VUI
59. The allegations in paragraphs 1-9 are hereby realleged and fully incorporated
herein by reference.
60. On or about March 30, 2011, PAN AMERICAN was settlement agent for
purchase of property located on Somerset Park Drive in Tampa, Florida, PAN AMERICAN file
number PA1 1-382.
16
) )
61. This transaction was a short sale, which means the proceeds fall short of the
balance of debts, and the seller is to receive no funds from the sale of the subject property.
62. As part of the short sale approval process, the lender’s approval of the settlement
charges being paid by the seller would have been necessary.
63. The HUD-1 Settlement Statement reflects a total of $4,051.80 being paid to the
seller’s condominium association. However, the only check written to the association according
to files located in PAN AMERICAN’s file reflects a payment of $2,814.80, a difference of
$1,237.
64. The HUD-1 Settlement Statement reflects PAN AMERICAN quoted
impermissible premium and charges in excess of the actual cost and retained this money for its
own use.
IT IS THEREFORE CHARGED that, PAN AMERICAN has violated or is accountable
under the following provisions of the Florida Insurance Code and Rules of the Department of
Financial Services which constitute grounds for the suspension or revocation of its licenses and
appointments:
(a) Section 626.611(7), 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 demonstrate a lack of fitness or trustworthiness to engage in the
business of insurance.
(b) Section 626.611(10), 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 misappropriate, convert, or unlawfully withhold moneys belonging to
17
insurers or insureds or beneficiaries or others and received in conduct of business under the
license or appointment.
(c) Section 626.8437(7), Florida Statutes, which provides that it is a violation to
misappropriate, convert, or unlawfully withhold moneys belonging to title insurers or insureds or
others received in conduct of business under the license or appointment.
(d) Section 626.8437(6), Florida Statutes, which provides that it is a violation to use
fraudulent or dishonest practices in the conduct of business under the license or appointment.
(e) Section 626.561(1), Florida Statutes, which provides that all premiums, return
premiums, or other funds belonging to insurers or others received by an agent, insurance agency
in transactions under the license shall be trust funds so received by the licensee in a fiduciary
capacity; and the licensee shall account for and pay the same to the insurer, insured, or other
person entitled thereto.
(f) Section 626.9541(1)(o)(1), Florida Statutes, which provides that it is a violation to
knowingly collect a sum as a premium or charge for insurance, which is not then provided, or is
not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance
policy issued by an insurer as permitted by this code.
(g) Section 626.780(1), Florida Statutes, which provides that it is a violation to
knowingly quote, charge, accept, collect or receive a premium for title insurance other than the
premium adopted by the commission.
WHEREFORE, PAN AMERICAN, is 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,
18
626.844, 626.8437, 626.8443, and 626.8457, 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 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 REPONSE 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) 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 you received this Notice of Intent to Issue Cease and Desist
Order.
(e) A statement including the file number of this Notice of Intent to Issue Cease and
Desist Order. _—_
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.
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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.
DATED this 3” day of Mauy 2014.
Gregory Thomas
Director, Agent & Agency Services
21
da )
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: Pan American Title,
8220 Hanley Road, Tampa, FL by U.S. Mail and N. Burton Williams, P.A., 324 South Hyde
Park Avenue, Suite 275, Tampa, FL 33606 by Certified Mail this @" day of (NOW _,
2014.
Division of Legal Services
200 East Gaines St.
612 Larson Building
Tallahassee, Florida 32399-033
Florida Bar Number 30942
(850) 413-4156
Zaynab.salman@myfloridacfo.com
22
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
IN THE MATTER OF:
CASE NO.: 144193-14-AG
PAN AMERICAN TITLE COMPANY
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. J am requesting
disposition of this matter as indicated below. (CHOOSE ONE)
1 EJ I do not dispute any of the Department’s factual allegations and I do not desire a hearing. J-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 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. 1 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: Tracey Beal, DFS Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200
East Gaines Street, Tallahassee, Florida 32399-0333,
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 their
name, address, telephone and fax numbers Fax No.:
23
Docket for Case No: 14-002706
Issue Date |
Proceedings |
Jan. 16, 2015 |
Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
|
Jan. 16, 2015 |
Joint Motion to Relinquish Jurisdiction without Prejudice filed.
|
Jan. 15, 2015 |
Order Granting Continuance (parties to advise status by January 23, 2015).
|
Jan. 14, 2015 |
CASE STATUS: Motion Hearing Held. |
Jan. 14, 2015 |
Joint Motion for Continuance filed.
|
Jan. 14, 2015 |
(Respondent's) Notice of Filing and Service filed.
|
Jan. 08, 2015 |
Answer to Amended Administrative Complaint filed.
|
Jan. 08, 2015 |
Answer to Amended Administrative Complaint (filed in Case No. 14-002707PL).
|
Jan. 05, 2015 |
Notice of Objection to Petitioner's Notice of Intent to Offer Similar Fact Evidence (filed in Case No. 14-002707PL).
|
Jan. 05, 2015 |
Notice of Objection to Petitioner's Notice of Intent to Offer Similar Fact Evidence filed.
|
Jan. 05, 2015 |
Notice of Objection to Petitioner's Motion for Leave to Amend (filed in Case No. 14-002707PL).
|
Jan. 05, 2015 |
Notice of Objection to Petitioner's Request for Judicial Notice (filed in Case No. 14-002707PL).
|
Jan. 05, 2015 |
Notice of Objection to Petitioner's Motion for Leave to Amend filed.
|
Jan. 05, 2015 |
Notice of Objection to Petitioner's Request for Judicial Notice filed.
|
Dec. 15, 2014 |
Order Re-scheduling Hearing by Video Teleconference (hearing set for January 15 and 16, 2015; 9:30 a.m.; Tampa, FL).
|
Dec. 12, 2014 |
Joint Response to Order Granting Continuance (filed in Case No. 14-002707PL).
|
Dec. 12, 2014 |
Joint Response to Order Granting Continuance filed.
|
Dec. 02, 2014 |
Order Granting Continuance (parties to advise status by December 12, 2014).
|
Dec. 02, 2014 |
(Respondent's) Emergency Motion for Continuance (filed in Case No. 14-002707PL).
|
Dec. 02, 2014 |
(Respondent's) Emergency Motion for Continuance filed.
|
Nov. 26, 2014 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Nov. 26, 2014 |
Joint Pre-trial Stipulation filed.
|
Nov. 24, 2014 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Nov. 24, 2014 |
Department of Financial Services' Notice of Filing (Proposed) Exhibits filed.
|
Nov. 07, 2014 |
Order Re-scheduling Hearing by Video Teleconference (hearing set for December 4 and 5, 2014; 9:30 a.m.; Tampa, FL).
|
Nov. 06, 2014 |
Order Continuing Final Hearing and Granting Leave to Amend (parties to advise status by November 13, 2014).
|
Nov. 06, 2014 |
CASE STATUS: Motion Hearing Held. |
Nov. 04, 2014 |
(Respondent's) Notice of Objection to Petitioner's Motion for Continuance (filed in Case No. 14-002707PL).
|
Nov. 04, 2014 |
(Respondent's) Notice of Objection to Petitioner's Motion for Continuance filed.
|
Nov. 04, 2014 |
Petitioner's Request for Judicial Notice filed.
|
Oct. 31, 2014 |
Department of Financial Services' Notice of Filing Exhibits filed.
|
Oct. 31, 2014 |
(Petitioner's) Notice of Intent to Offer Similar Fact Evidence filed.
|
Oct. 30, 2014 |
Petitioner's Motion for Continuance and Leave to File Amended Administrative Complaints filed.
|
Oct. 29, 2014 |
Order Denying Leave to Amend.
|
Oct. 29, 2014 |
CASE STATUS: Motion Hearing Held. |
Oct. 27, 2014 |
(Respondent's) Notice of Objection to Petitioner's Motion for Leave to Amend (filed in Case No. 14-002707PL).
|
Oct. 27, 2014 |
(Respondent's) Notice of Objection to Petitioner's Motion for Leave to Amend filed.
|
Oct. 20, 2014 |
Petitioner's Motion for Leave to File Amended Administrative Complaints filed.
|
Oct. 10, 2014 |
Notice of Appearance (David J. Busch) filed.
|
Oct. 08, 2014 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for November 13 and 14, 2014; 9:30 a.m.; Tampa, FL).
|
Oct. 07, 2014 |
(Respondent's) Unopposed Correction to Motion for Continuance (filed in Case No. 14-002707PL).
|
Oct. 07, 2014 |
(Respondent's) Unopposed Correction to Motion for Continuance filed.
|
Oct. 07, 2014 |
(Respondent's) Unopposed Motion for Contniuance (filed in Case No. 14-002707PL).
|
Oct. 07, 2014 |
(Respondent's) Unopposed Motion for Contniuance filed.
|
Oct. 07, 2014 |
(Respondent's) Unopposed Correction to Motion for Continuance filed.
|
Oct. 07, 2014 |
(Respondent's) Unopposed Motion for Continuance filed.
|
Oct. 02, 2014 |
Order Allowing Testimony by Telephone.
|
Oct. 01, 2014 |
(Petitioner's) Motion to Appear Telephonically filed.
|
Sep. 04, 2014 |
Notice of Taking Deposition (of Nilsa Santos Fernandez, filed in Case No. 14-002707PL).
|
Sep. 04, 2014 |
Notice of Taking Deposition (of Nilsa Santos Fernandez) filed.
|
Aug. 07, 2014 |
Order Granting Continuance, Re-scheduling Hearing, and Enlarging Time for Discovery Response (hearing set for October 14 and 15, 2014; 9:30 a.m.; Tampa, FL).
|
Jul. 30, 2014 |
(Respondent's) Motion for Continuance filed.
|
Jul. 30, 2014 |
(Respondent's) Motion for Continuance (filed in Case No. 14-002707PL).
|
Jul. 30, 2014 |
(Respondent's) Motion for Enlargement of Time filed.
|
Jul. 02, 2014 |
Petitioner's Notice of Serving First Request for Production filed.
|
Jun. 18, 2014 |
Order of Pre-hearing Instructions.
|
Jun. 18, 2014 |
Notice of Hearing (hearing set for August 19 and 20, 2014; 9:00 a.m.; Tampa, FL).
|
Jun. 18, 2014 |
Order of Consolidation (DOAH Case Nos. 14-2706, 14-2707PL).
|
Jun. 17, 2014 |
Joint Response to Initial Order filed.
|
Jun. 12, 2014 |
Initial Order.
|
Jun. 11, 2014 |
Election of Proceeding filed.
|
Jun. 11, 2014 |
Answer to Administrative Complaint filed.
|
Jun. 11, 2014 |
Administrative Complaint filed.
|
Jun. 11, 2014 |
Agency referral filed.
|
|
CASE STATUS: Motion Hearing Held. |
|
CASE STATUS: Motion Hearing Held. |