FILED AUG 28.2014 mE Dacteted by___ 2 STATE OF FLORIDA. IN THE MATTER OF: CASE NO. 138311-14-AG NICHOLAS CONRAD PARTINGTON / ADMINISTRATIVE COMPLAINT TO: Nicholas Conrad Partington 220 Northeast 3” Street Boynton Beach, Florida 33435 Nicholas Conrad Partington Holiday Adjusters Group, Inc. 2520 North Powerline Road, Suite 301 Pompano Beach, Florida 33069-1055 You, Nicholas Conrad Partington, 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 a public adjuster in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. You, Nicholas Conrad Partington, are currently licensed in the state as an All Lines Public Adjuster (3-20). 2. Atall times pertinent to the dates and occurrences referred to in this Administrative Complaint you, Nicholas Conrad Partington, were licensed as a public adjuster in this state. 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 licensure and appointment, 4. Atall times pertinent to the dates and occurrences referred to in this Administrative Complaint, you, Nicholas Conrad Partington, were appointed by Holiday Adjusters Group, Inc (“Holiday”), a public adjusting agency. 5. Atall times pertinent to the dates and occurrences referred to in this Administrative Complaint, you, Nicholas Conrad Partington, were a general contractor for, and the owner of, Neoform Construction and Development, LLC (“Neoform”), and Neoclean Inc. (“Neoclean”). Neoclean was not then licensed by the Florida Department of Business and Professional Regulation as a remediation service company. 6. You, Nicholas Conrad Partington, have previously received four Letters of Guidance from the Department on May 9, 2008, March 17, 2009, May 15, 2012 and on July 19, 2012. ° These letters were issued for various violations of the Florida Insurance Code relating to your business dealings as a public adjuster. 7. Pursuant to Florida Administrative Rule 69B-231.160, the Department will seek to aggravate any license disciplinary penalty imposed in this matter, by reason of the above-listed prior disciplinary actions against you, Nicholas Conrad Partington. COUNT I 8. The above General Allegations are hereby realleged and fully incorporated herein by reference. . 9. In early 2012, Mr. and Mrs. A.L.R. discovered water on the floor of their kitchen. After discovering a leaky pipe, Mr. R. contacted local plumbers named Leroy and Ronald. 2 10. The plumbers advised Mr. and Mrs. R. to contact you, Nicholas Conrad Partington. 11. On June 17, 2012, Mr. R. met with you, Nicholas Conrad Partington, and you introduced yourself as a licensed public adjuster. You, Nicholas Conrad Partington, requested a copy of Mr. R.’s homeowner’s insurance policy. After reviewing the homeowner’s insurance policy, you, Nicholas Conrad Partington, suggested that Mr. R. file a property damage claim. 12. You, Nicholas Conrad Partington, took measurements and told Mr. R. that with assistance, he could have a brand new kitchen with the proceeds received from his insurance company, Citizens Property Insurance Corporation (“Citizens”). Mr. R. protested that there was no need to replace the kitchen, and particularly the kitchen cabinets. 13. You, Nicholas Conrad Partington, told Mr. R. that he would have to pay his Citizens policy $2,500.00 deductible up front; however, for $1,000.00, you would mislead Citizens so as to indicate that Mr. R: had paid the entire $2,500.00 deductible, 14, Without mentioning to Mr. R. that he could select his own contractor, you, Nicholas Conrad Partington, handed him a Neoclean contract which Mr. R. signed. 15. “On June 18, 2012, you, Nicholas Conrad Partington, had a crew come to the R.’s home who began to remove the kitchen cabinets. Mr. R. stopped them. 16. On June 19, 2012, Melanie Holiday of the Holiday public adjusting firm, came to the R.’s house and handed Mr. R. a Holiday contract which he signed. She explained to Mr. R. that she would be working with you, Nicholas Conrad Partington, to adjust the claim with Citizens. Mr. R. questioned why the contract indicated a 0% adjuster’s fee and Ms. Holiday explained that she would later work out a fee arrangement with you, Nicholas Conrad Partington. 17. On June 27, 2012, Citizens issued two settlement checks, one for $8,295.35 made payable to Mr. R., his mortgage bank and Holiday. The other Citizens check was in the amount of $3,929.29 made payable to Mr. R., Holiday and Neoclean. 18. In early July 2012, you, Nicholas Conrad Partington, telephoned Mr. R. and told him about the above-listed checks. When Mr. R. requested that he be allowed to select his own construction company, he was told that he would be released from the contracts if he paid you, Nicholas Conrad Partington, 20% of the Citizens settlement. IT IS THEREFORE CHARGED that you, Nicholas Conrad Partington, have violated or are accountable under the following provisions of the Florida Insurance Code and Florida Administrative Code which constitute grounds for the suspension or revocation of your licenses as an insurance adjuster in the state: (a) Section 626.8795, Florida Statutes, which provides that it is a violation for a public adjuster to participate, directly or indirectly, in the reconstruction, repair, or restoration of damaged property that is the subject of a claim adjusted by the licensee; a violation to engage in any other activities that may be reasonably construed as a conflict of interest, including soliciting or accepting any remuneration from, of any kind or nature, directly or indirectly; and it is a violation to have a financial interest in any salvage, repair, or any other business entity that obtains business in connection with any claim that the public adjuster has a contract or an agreement to adjust. (b) Section 626.611(7), Florida Statutes, which provides that it is a violation for any adjuster to have demonstrated a lack of fitness or trustworthiness to engage in the business of insurance. (c) Section 626.611(11), Florida Statutes, which provides that it is a violation for any adjuster to have unlawfully rebated or divided or offered to divide his or her commission with another. (d) Section 626.611(13), Florida Statutes, which provides that it is a violation for any adjuster to willfully fail to comply with, or willfully violate any proper order or rule of the department or willfully violate any provision of the Insurance Code. (e) Section 626.621(12), Florida Statutes, which provides that it is a violation for a adjuster 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. () Section 626.878, Florida Statutes, which provides that it is a violation for an adjuster to fail to follow rules enacted by the Department specifying the terms and conditions of contracts, including a right to cancel, and that require practices necessary to ensure fair dealing, prohibit conflicts of interest, and ensure preservation of the rights of the claimant to participate in the adjustment of claims. (g) Rule 69B-220.201(3) and (4), Florida Administrative Code, which provides in relevant part that the work of adjusting insurance claims engages the public trust and that an adjuster shall put the duty for fair and honest treatment of the claimant above the adjuster’s own interests in every instance according to the following standards that define ethical behavior and that shall constitute a code of ethics that shall be binding on all adjusters: 1) An adjuster shall not directly or indirectly refer or steer any claimant needing repairs or other services in connection with a loss to any person with whom the adjuster has an undisclosed financial interest, or who will or is reasonably anticipated to provide the adjuster any direct or indirect compensation for the referral or for any resulting business. 5 2) Public adjusters shall notify the insured or claimant in advance of the name and location of any proposed contractor, architect, engineer, or similar professional, before any bid or proposal by any of these persons may be used by the public adjuster in estimating the loss or negotiating settlement. The insured or claimant may exercise veto power of any of these persons, in which case that person shall not be used in estimating costs. 3) The public adjuster shall ensure that if a contractor, architect, engineer, or other professional is used in formulating estimates or otherwise participates in the adjustment of the claim, the professional shall be licensed by the Florida Department of Business and Professional Regulation. COUNT II 19. The above General Allegations are hereby realleged and fully incorporated herein by reference. 20. On February 26 2012, Mr. and Mrs. ASA. home sustained water damage. Mr. A. contracted with United Water Restoration Group, Inc. (“United”) to assist in cleanup. United recommended that Mr. A. contact you, Nicholas Conrad Partington, to assist with presenting a claim to his insurance company, Citizens. 21. You, Nicholas Conrad Partington, met with Mr. A. on February 28, 2012. You advised Mr. A, that you would act as both his adjuster and his contractor to do the needed repairs. 22. Accordingly, you, Nicholas Conrad Partington, presented Mr. A. with two contracts for his signature, a Holiday contract and a NeoForm contract which were executed on February 28, 2012. 23. In March 2012, Mr. A. met with you, Nicholas Conrad Partington, and with a Citizens adjuster to inspect the damages. Later that month Mr. A, met with a Citizens investigator who informed him that you, Nicholas Conrad Partington, had a conflict of interest in acting both as the public adjuster and the contractor performing the repairs. 24, On April 19, 2012, you, Nicholas Conrad Partington, told Mr. A. that you were going to void the February Holiday contract “in order to clear up any confusion” and you then presented Mr. A. with an identical Holiday contract that had a “no fee” provision. No adjustment fees were charged on the new contract. 25. Citizens made the following payments on the claim: (a) March 29, 2012 check for $5,684.37 made payable to Mr. and Mrs. A. and United. (b) March 30, 2012 check for $10,504.68 made payable to Mr. and Mrs, A. and their mortgagor. (c) August 14, 2012 check for $7,175.86 made payable to Mr, and Mrs. A. and their mortgagor. (d) August 14, 2012 check for $5,400.00 made payable to Mr. and Mrs. A. IT IS THEREFORE CHARGED that you, Nicholas Conrad Partington, have violated or are accountable under the provisions of the Florida Insurance Code and Florida Administrative Code cited under Count I above which constitute grounds for the suspension or revocation of your licenses as an adjuster in the state, WHEREFORE, you, Nicholas Conrad Partington, 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 adjuster in this state or to impose such penalties 7 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 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. DATED and SIGNED this_23"" day of _Flugust 2014, Gregory Thomas Director, Agent & Agency Services 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 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 FINAL 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 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, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. Ifa 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. 10 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been furnished to: NICHOLAS CONRAD PARTINGTON, at his listed e-mail address of nicholaspartington@yahoo.com and to Kenneth Ray Noble, III, attorney at law at ray@noblelawfirmpa.com on this ag day of Rugust » 2014. q David J. Busch Division of Legal Services 612 Larson Building Tallahassee, FL 32399-0333 Tel.: (850) 413-4146 Attorney for the Department Fla. Bar No. 140945 11

Docket for Case No: 14-004561PL