() a C FILED APR 29 2014 CHIEF FINANCIAL OFFICER. JEFF ATWATER Docketed we _ STATE OF FLORIDA IN THE MATTER OF: ROBERT W. ARCHIE CASE NO.: 120879-11-AG ADMINISTRATIVE COMPLAINT ROBERT W. ARCHIE 355 S. Ronald Reagan Blvd. Longwood, Florida 32750 You, ROBERT W. ARCHIE, license I.D, #4007847, 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 title insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1, Pursuant to Chapter 626, Florida Statutes, you, ROBERT W. ARCHIE, are currently licensed in this state as a life including variable annuity agent, life including variable annuity and health agent, life agent, life and health agent, health agent, and a title insurance agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, ROBERT W. ARCHIE, have been conducting title insurance business as a title insurance agent. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over your agent license and appointments. 4. At all times pertinent to the dates and occurrences referred to herein, you, ROBERT W. ARCHIE, were the President and agent in charge of TitleCorp of America, LLC (“TitleCorp”). _— () 5. At all times material herein, you, ROBERT W. ARCHIE, were one of five signatories on operating and escrow accounts of TitleCorp. COUNT I 6. The above general allegations are hereby re-alleged and fully incorporated herein by reference. 7. On or about June 24, 2004, TitleCorp served as closing agent for P.B. for the refinancing of property located on Luqui Court, in West Palm Beach, Florida. 8. Pursuant to line 105 of the Housing and Urban Development Settlement Statement (HUD-1), a disbursement is listed for paying off a second mortgage in the amount of $3,204.76 to the Department of Housing and Urban Development. 9. Deposit funds were received by TitleCorp on or about June 29, 2004. 10. Two checks written by TitleCorp to Department of Housing and Urban Development, each in the amount of $3,204.76, were voided. 11. TitleCorp did not write any further checks to Department of Housing and Urban Development. 12. On or about March 26, 2009, $3,204.76 was transferred from TitleCorp’s escrow account to TitleCorp’s operating account. 13. You, ROBERT W. ARCHIE, or someone under your direction and/or control, transferred $3,204.76 from TitleCorp’s escrow account to TitleCorp’s operating account. 14. You, ROBERT W. ARCHIE, knew that you, or someone under your direction and/or control, transferred $3,204.76 from TitleCorp’s escrow account to TitleCorp’s operating account. IT IS THEREFORE CHARGED that you, ROBERT W. ARCHIE, have violated one or more of the following provisions of the Florida Insurance Code and the Florida Administrative () C) Code, which constitute sufficient grounds for the suspension or revocation of your license or appointments as a title insurance agent in this state: (a) Section 626.611(7), Florida Statutes, which provides that it is a violation for any agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance. (b) Section 626.611(8), Florida Statutes, which provides that it is a violation for any agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (c) Section 626.611(9), Florida Statutes, which provides that it is a violation for any agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment. (d) — Section 626.611(10), Florida Statutes, which provides that it is a violation for any 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. (e) Section 626.621(2), Florida Statutes, which provides that it is a violation for any agent to violate any provision of the Florida Insurance Code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. (63) Section 626,621(3), Florida Statutes, which provides that it is a violation for any agent to violate any lawful order or rule of the department, commission, or office. (g) Section 626,.621(6), Florida Statutes, which provides that it is a violation for any agent to, in the conduct of business under the license or appointment, engage in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part IX of Chapter 626, or having otherwise shown himself or herself to be a source of injury or loss to the public. (h) Section 626.621(12), Florida Statutes, which provides that it is a violation for any agent to knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of wy ( ) or to violate a provision of the Florida Insurance Code or any order or rule of the department, commission, or office. (i) 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, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. (j) Section 626.9541(1)(0), Florida Statutes, which provides that it is an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance to knowingly collect as a premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the office, and as specified in the policy; or, in cases when classifications, premiums, or rates are not required by the Florida Insurance Code to be so filed and approved, premiums and charges collected from a Florida resident in excess of or less than those specified in the policy and as fixed by the insurer. (k) Section 626.8473(2), Florida Statutes, which provides that all funds received by a title insurance agent as described in section 626.8473(1) shall be trust funds received in a fiduciary capacity by the title insurance agent and shall be the property of the person or persons entitled thereto. (}) Section 626.8473(3), Florida Statutes, which provides that all funds received by a title insurance agent to be held in trust shall be immediately placed in a financial institution that is located within this state and is a member of the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. These funds shall be invested in an escrow account in accordance with the investment requirements and standards established for deposits and investments oN ed ( ) \, of state funds in section 17.57, where the funds shall be kept until disbursement thereof is properly authorized. (m) Section 626.8473(4), Florida Statutes, which provides that funds required to be maintained in escrow trust accounts pursuant to section 626.8473 shall not be subject to any debts of the title insurance agent and shall be used only in accordance with the terms of the individual, escrow, settlement, or closing instructions under which the funds were accepted. (n) Section 626.8473(2), Florida Statutes, which provides that all funds received by a title insurance agent as described in subsection 626.8473( 1) shall be ‘trust funds received in a fiduciary capacity by the title insurance agent and shall be the property of the person or persons entitled thereto. (0) Section 626.8437(4), Florida Statutes, which provides that it is a violation for a licensee to demonstrate a lack of fitness or trustworthiness to represent a title insurer in the issuance of its commitments, binders, policies of title insurance, or guarantees of title. (p) Section 626.8437(5), Florida Statutes, which provides that it is a violation for a licensee to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (q) Section 626.8437(6), Florida Statutes, which provides that it is a violation to exhibit fraudulent or dishonest practices in the conduct of business under a license or appointment. () Section 626.8437(7), Florida Statutes, which provides that it is a violation to misappropriate, convert, or unlawfully withhold moneys belonging to title insurers, insureds, or others received in conduct of business under the license or appointment. (s) Section 626.844(2), Florida Statutes, which provides that it is a violation to violate of any provision of Part V of Chapter 626 in the course of dealing under the license or appointment. NY (t) Section 626.844(3), Florida Statutes, which provides that it is a violation to violate of any lawful order or rule of the department. (u) Section 626.844(5), Florida Statutes, which provides that it is a violation to engage in unfair methods of competition or in unfair or deceptive acts or practices in the conduct of business, as prohibited under part IX of Chapter 626, or having otherwise shown himself or herself to be a source of injury or loss to the public or to be detrimental to the public interest. (v) Rule 690-186,008, Florida Administrative Code, which prohibits a title agent from using, endangering, or encumbering money held in trust without the permission of the owner of such money, given after full disclosure of the circumstances. (w) Section 626.8411, Florida Statutes, provides that Sections 626.747 and 626.734, Florida Statutes, apply to title agents and title agencies. (x) Section 626.747(1) Florida Statutes, provides that each branch place of business established by an agent or agency, firm, corporation, or association shall be in the active full-time charge of a licensed agent who is appointed to represent one or more insurers. (y) ~ Section 626.734, Florida Statutes, provides that an agent who is an officer, director, or stockholder of an incorporated agency shall remain personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any provisions of the Florida Insurance Code committed by such licensee or by any person under his or her direct supervision and control while acting on behalf of the corporation if such person personally committed or knew or should have known of such act and of the facts constituting the violation. COUNT II 15. The above general allegations are hereby re-alleged and fully incorporated herein by reference, 16. Onor about May 10, 2004, TitleCorp was settlement agent for B.K. for a refinancing of property located on Windgrove Trail, Maitland, Florida. 17. Per line 1305 of the HUD-1, and as incorporated by reference, a payoff in the amount of $130.00 was allotted to “I.C. System.” 18. Per line 1305 of the HUD-1, and as incorporated by reference, a payoff in the amount of $150.00 was allotted to “Liberty Collection Bureau.” 19. Per line 1305 of the HUD-1, and as incorporated by reference, a payoff in the amount of $400.00 was allotted to “Alpat.” 20. — TitleCorp received deposit funds for this transaction on or about May 14, 2004. 21. | Two checks written by TitleCorp to LC. System, each in the amount of $130.00, were voided. 22. TitleCorp did not write any further checks to ILC. System. 23. Two checks written by TitleCorp to Liberty Collection Bureau, each in the amount of $150.00, were voided. 24, — TitleCorp did not write any further checks to Liberty Collection Bureau. 25. | Two checks written by TitleCorp to Alpat, each in the amount of $400.00, were voided. 26. — TitleCorp did not write any further checks to Alpat. 27. On or about March 27, 2009, $130.00, $150.00 and $400.00 was transferred, separately, from TitleCorp’s escrow account to TitleCorp’s operating account. () ( ) 28. You, ROBERT W. ARCHIE, or someone under your direction and/or control, transferred the $130.00, $150.00 and $400.00 from TitleCorp’s escrow account to TitleCorp’s operating account. 29. You, ROBERT W. ARCHIE, knew that you, or someone under your direction and/or control, transferred the $130.00, $150.00 and $400.00 from TitleCorp’s escrow account to TitleCorp’s operating account. IT IS THEREFORE CHARGED that you, ROBERT W. ARCHIE, have violated one or more of the following provisions of the Florida Insurance Code and the Florida Administrative Code, which constitute sufficient grounds for the suspension or revocation of your license or appointments as a title insurance agent in this state: (a) Section 626,611(7), Florida Statutes, which provides that it is a violation for any agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance. (b) Section 626.611(8), Florida Statutes, which provides that it is a violation for any agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (c) Section 626.611(9), Florida Statutes, which provides that it is a violation for any agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment. (d) Section 626.611(10), Florida Statutes, which provides that it is a violation for any 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. (e) Section 626.621(2), Florida Statutes, which provides that it is a violation for any agent to violate any provision of the Florida Insurance Code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. () () (f) Section 626.621(3), Florida Statutes, which provides that it is a violation for any agent to violate any lawful order or rule of the department, commission, or office. (g) Section 626.621(6), Florida Statutes, which provides that it is a violation for any agent to, in the conduct of business under the license or appointment, engage in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part IX of Chapter 626, or having otherwise shown himself or herself to be a source of injury or loss to the public. (h) — Section 626.621(12), Florida Statutes, which provides that it is a violation for any agent to knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the Florida Insurance Code or any order or rule of the department, commission, or office. (i) 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, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. qj) Section 626.9541(1)(0), Florida Statutes, which provides that it is an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance to knowingly collect as a premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the office, and as specified in the policy; or, in cases when classifications, premiums, or rates are not required by the Florida Insurance Code to be so filed and approved, premiums and charges collected from a Florida resident in excess of or less than those specified in the policy and as fixed by the insurer. (k) Section 626.8473(2), Florida Statutes, which provides that all funds received by a title insurance agent as described in section 626.8473(1) shall be trust funds received in a fiduciary capacity by the title insurance agent and shall be the property of the person or persons entitled thereto. ad Section 626.8473(3), Florida Statutes, which provides that all funds received by a title insurance agent to be held in trust shall be immediately placed in a financial institution that is located within this state and is a member of the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. These funds shall be invested in an escrow account in accordance with the investment requirements and standards established for deposits and investments of state funds in section 1757, where the funds shall be kept until disbursement thereof is properly authorized. (m) Section 626,8473(4), Florida Statutes, which provides that funds required to be maintained in escrow trust accounts pursuant to section 626.8473 shall not be subject to any debts of the title insurance agent and shall be used only in accordance with the terms of the individual, escrow, settlement, or closing instructions under which the funds were accepted. (n) Section 626.8473(2), Florida Statutes, which provides that all funds received by a title insurance agent as described in subsection 626.8473(1) shall be trust funds received in a fiduciary capacity by the title insurance agent and shall be the property of the person or persons entitled thereto. (0) Section 626.8437(4), Florida Statutes, which provides that it is a violation for a licensee to demonstrate a lack of fitness or trustworthiness to represent a title insurer in the issuance of its commitments, binders, policies of title insurance, or guarantees of title. 10 () C) (p) Section 626.8437(5), Florida Statutes, which provides that it is a violation for a licensee to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (q) _—_ Section 626,.8437(6), Florida Statutes, which provides that it is a violation to exhibit fraudulent or dishonest practices in the conduct of business under a license or appointment. (r) Section 626.8437(7), Florida Statutes, which provides that it is a violation to misappropriate, convert, or unlawfully withhold moneys belonging to title insurers, insureds, or others received in conduct of business under the license or appointment. (s) Section 626,844(2), Florida Statutes, which provides that it is a violation to violate of any provision of Part V of Chapter 626 in the course of dealing under the license or appointment. (t) Section 626.844(3), Florida Statutes, which provides that it is a violation to violate of any lawful order or rule of the department. (u) Section 626.844(5), Florida Statutes, which provides that it is a violation to engage in unfair methods of competition or in unfair or deceptive acts or practices in the conduct of business, as prohibited under part IX of Chapter 626, or having otherwise shown himself or herself to be a source of injury or loss to the public or to be detrimental to the public interest. (vy) Rule 690-186.008, Florida Administrative Code, which prohibits a title agent from using, endangering, or encumbering money held in trust without the permission of the owner of such money, given after full disclosure of the circumstances. (w) Section 626.8411, Florida Statutes, provides that Sections 626.747 and 626.734, Florida Statutes, apply to title agents and title agencies. (x) Section 626.747(1) Florida Statutes, provides that each branch place of business established by an agent or agency, firm, corporation, or association shall be in the active full-time charge of a licensed agent who is appointed to represent one or more insurers. 11 () Cj (y) Section 626.734, Florida Statutes, provides that an agent who is an officer, director, or stockholder of an incorporated agency shall remain personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any provisions of the Florida Insurance Code committed by such licensee or by any person under his or her direct supervision and control while acting on behalf of the corporation if such person personally committed or knew or should have known of such act and of the facts constituting the violation. COUNT III 30. The above general allegations are hereby incorporated by reference. 31. Onor about July 19, 2007, TitleCorp was settlement agent for O.M. for the refinance of a residence located on Sweet Water West Circle, Apoka, Florida. 32. Pursuant to line 1304 of the HUD-1, $428.00 was listed as a profit to “Credit Revry.” 33. Pursuant to line 1304 of the HUD-1, $199.00 was listed as a disbursement to “Ca. Stu. Aid.” 34. TitleCorp received deposit funds on or about July 23, 2007. 35. Despite the representations on the HUD-1, you, ROBERT W. ARCHIE, never disbursed funds to “Credit Revry” or “Ca. Stu. Aid.” 36. On or about January 30, 2009, $428.00 was transferred, separately, from TitleCorp’s escrow account to TitleCorp’s operating account. 37. On or about March 30, 2009, $199.00 was transferred, separately, from TitleCorp’s escrow account to TitleCorp’s operating account. 38. You, ROBERT W. ARCHIE, or someone under your direction and/or control, transferred the $428.00 and $199.00 from TitleCorp’s escrow account to TitleCorp’s operating account. 12 () () 39. | You, ROBERT W. ARCHIE, knew that you, or someone under your direction and/or control, transferred the $428.00 and $199.00 from TitleCorp’s escrow account to TitleCorp’s operating account. IT IS THEREFORE CHARGED that you, ROBERT W. ARCHIE, have violated one or more of the following provisions of the Florida Insurance Code and the Florida Administrative Code, which constitute sufficient grounds for the suspension or revocation of your license or appointments as a title insurance agent in this state: (a) Section 626.611(7), Florida Statutes, which provides that it is a violation for any agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance. (b) Section 626.611(8), Florida Statutes, which provides that it is a violation for any agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (c) Section 626.611(9), Florida Statutes, which provides that it is a violation for any agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment. (d) Section 626.611(10), Florida Statutes, which provides that it is a violation for any 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. (e) Section 626,621(2), Florida Statutes, which provides that it is a violation for any agent to violate any provision of the Florida Insurance Code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. (f) Section 626.621(3), Florida Statutes, which provides that it is a violation for any agent to violate any lawful order or rule of the department, commission, or office. 13 —, rs as (g) Section 626.621(6), Florida Statutes, which provides that it is a violation for any agent to, in the conduct of business under the license or appointment, engage in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part IX of Chapter 626, or having otherwise shown himself or herself to be a source of injury or loss to the public. (h) = Section 626,621(12), Florida Statutes, which provides that it is a violation for any agent to knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of or to violate a provision of the Florida Insurance Code or any order or rule of the department, commission, or office. (i) 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, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. Gj) Section 626.9541(1)(0), Florida Statutes, which provides that it is an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance to knowingly collect as a premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the office, and as specified in the policy; or, in cases when classifications, premiums, or rates are not required by the Florida Insurance Code to be so filed and approved, premiums and charges collected from a Florida resident in excess of or less than those specified in the policy and as fixed by the insurer. (k) Section 626.8473(2), Florida Statutes, which provides that all funds received by a title insurance agent as described in section 626.8473(1) shall be trust funds received in a fiduciary 14 capacity by the title insurance agent and shall be the property of the person or persons entitled thereto. (6) Section 626.8473(3), Florida Statutes, which provides that all funds received by a title insurance agent to be held in trust shall be immediately placed in a financial institution that is located within this state and is a member of the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. These funds shall be invested in an escrow account in accordance with the investment requirements and standards established for deposits and investments of state funds in section 17.57, where the funds shall be kept until disbursement thereof is properly authorized. (m) Section 626.8473(4), Florida Statutes, which provides that funds required to be maintained in escrow trust accounts pursuant to section 626.8473 shall not be subject to any debts of the title insurance agent and shall be used only in accordance with the terms of the individual, escrow, settlement, or closing instructions under which the funds were accepted. (n) Section 626,8473(2), Florida Statutes, which provides that all funds received by a title insurance agent as described in subsection 626.8473(1) shall be trust funds received in a fiduciary capacity by the title insurance agent and shall be the property of the person or persons entitled thereto, (0) Section 626.8437(4), Florida Statutes, which provides that it is a violation for a licensee to demonstrate a lack of fitness or trustworthiness to represent a title insurer in the issuance of its commitments, binders, policies of title insurance, or guarantees of title. (p) Section 626.8437(5), Florida Statutes, which provides that it is a violation for a licensee to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. 15 () aN, ~/ (q) — Section 626.8437(6), Florida Statutes, which provides that it is a violation to exhibit fraudulent or dishonest practices in the conduct of business under a license or appointment. (r) Section 626.8437(7), Florida Statutes, which provides that it is a violation to misappropriate, convert, or unlawfully withhold moneys belonging to title insurers, insureds, or others received in conduct of business under the license or appointment. (s) Section 626.844(2), Florida Statutes, which provides that it is a violation to violate of any provision of PartV of Chapter 626 in the course of dealing under the license or appointment. (t) Section 626.844(3), Florida Statutes, which provides that it is a violation to violate of any lawful order or rule of the department. (u) Section 626.844(5), Florida Statutes, which provides that it is a violation to engage in unfair methods of competition or in unfair or deceptive acts or practices in the conduct of business, as prohibited under part IX of Chapter 626, or having otherwise shown himself or herself ; to be a source of injury or loss to the public or to be detrimental to the public interest. (v) Rule 690-186.008, Florida Administrative Code, which prohibits a title agent from using, endangering, or encumbering money held in trust without the permission of the owner of such money, given after full disclosure of the circumstances. | (w) Section 626.8411, Florida Statutes, provides that Sections 626.747 and 626.734, Florida Statutes, apply to title agents and title agencies. (x) Section 626.747(1) Florida Statutes, provides that each branch place of business established by an agent or agency, firm, corporation, or association shall be in the active full-time charge of a licensed agent who is appointed to represent one or more insurers. (y) Section 626.734, Florida Statutes, provides that an agent who is an officer, director, or stockholder of an incorporated agency shall remain personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any provisions of the Florida Insurance Code 16 ms, ae ~ ee committed by such licensee or by any person under his or her direct supervision and control while acting on behalf of the corporation if such person personally committed or knew or should have known of such act and of the facts constituting the violation. COUNT IV 40. The above general allegations are incorporated by reference, 41. You, ROBERT W. ARCHIE, were responsible for and/or were aware of the following provision in the sellers and the purchasers affidavits: Affiant agrees that all check(s) made payable to vendors due to payoff charges assessed by the lender and closing instructions will be forwarded by the borrower to the vendor as assigned by said lender. Affiant (Buyers or Sellers) also agrees that any escrow check(s) which are void after 120 days which have not cleared the escrow within six months from the date of issue, it will become null and void and a fee of up to $10.00 per month per file, may be assessed to the recipient or payee of said escrow check. Affiant agrees to accept any liability to the lender associated with failure to forward or clear said check(s) and agrees that the aforementioned fee may be disbursed from the escrow account to the title agent as assessed. 42. You, ROBERT W. ARCHIE, transferred funds payable to vendors from escrow accounts to operating accounts pursuant to this provision on at least 114 occasions. 43. | You, ROBERT W. ARCHIE, charged additional fees for title services even though those services were already the responsibility required of a title agent. 44. You, ROBERT W. ARCHIE, transferred at least $22,000 of vendor payments to TitleCorp of Florida, LLC’s operating accounts from escrow accounts causing harm or loss in the amount of at least $22,000 to consumers. IT IS THEREFORE CHARGED that you, ROBERT W. ARCHIE, have violated or are ‘accountable under one or more of the following provisions of the Florida Insurance Code and the 17 os aed a 7 Florida Administrative Code, which constitute sufficient grounds for the suspension or revocation of your license or appointments as a title insurance agent in this state: | (a) Section 626.611(7), Florida Statutes, which provides that it is a violation for any agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance. (b) Section 626.611(8), Florida Statutes, which provides that it is a violation for any agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (c) Section 626.611(9), Florida Statutes, which provides that it is a violation for any agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment. (d) Section 626.611(10), Florida Statutes, which provides that it is a violation for any 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, (e) Section 626.621(2), Florida Statutes, which provides that it is a violation for any agent to violate any provision of the Florida Insurance Code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. (f) Section 626,621(3), Florida Statutes, which provides that it is a violation for any agent to violate.any lawful order or rule of the department, commission, or office. (g) Section 626,621(6), Florida Statutes, which provides that it is a violation for any agent to, in the conduct of business under the license or appointment, engage in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part IX of Chapter 626, or having otherwise shown himself or herself to be a source of injury or loss to the public. (h) Section 626.621(12), Florida Statutes, which provides that it is a violation for any agent to knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of 18 or to violate a provision of the Florida Insurance Code or any order or rule of the department, commission, or office. (i) 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, solicitor, or adjuster in transactions under his license shall. be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. q) Section 626.9541(1)(0), Florida Statutes, which provides that it is an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance to knowingly collect as a premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the office, and as specified in the policy; or, in cases when classifications, premiums, or rates are not required by the Florida Insurance Code to be so filed and approved, premiums and charges collected from a Florida resident in excess of or less than those specified in the policy and as fixed by the insurer. (k) Section 626.8473(2), Florida Statutes, which provides that all funds received by a title insurance agent as described in section 626.8473(1) shall be trust funds received in a fiduciary capacity by the title insurance agent and shall be the property of the person or persons entitled thereto. z()) Section 626.8473(3), Florida Statutes, which provides that all funds received bya title insurance agent to be held in trust shall be immediately placed in a financial institution that is located within this state and is a member of the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. These funds shall be invested in an escrow account in accordance with the investment requirements and standards established for deposits and investments 19 () () of state funds in section 17.57, where the funds shall be kept until disbursement thereof is properly authorized. (m) Section 626.8473(4), Florida Statutes, which provides that funds required to be maintained in escrow trust accounts pursuant to section 626.8473 shall not be subject to any debts of the title insurance agent and shall.be used only in accordance with the terms of the individual, escrow, settlement, or closing instructions under which the funds were accepted. (n) Section 626.8473(2), Florida Statutes, which provides that all funds received by a title insurance agent as described in subsection 626.8473(1) shall be trust funds received in a fiduciary capacity by the title insurance agent and shall be the property of the person or persons entitled thereto. (0) Section 626.8437(4), Florida Statutes, which provides that it is a violation for a licensee to demonstrate a lack of fitness or trustworthiness to represent a title insurer in the issuance of its commitments, binders, policies of title insurance, or guarantees of title. (p) Section 626.8437(5), Florida Statutes, which provides that it is a violation for a licensee to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (q) Section 626.8437(6), Florida Statutes, which provides that it is a violation to exhibit fraudulent or dishonest practices in the conduct of business under a license or appointment. (r) Section 626.8437(7), Florida Statutes, which provides that it is a violation to misappropriate, convert, or unlawfully withhold moneys belonging to title insurers, insureds, or others received in conduct of business under the license or appointment. (s) Section 626.844(2), Florida Statutes, which provides that it is a violation to violate of any provision of PartV of Chapter 626 in the course of dealing under the license or appointment. 20 —™/ TY ( ) (t) Section 626.844(3), Florida Statutes, which provides that it is a violation to violate of any lawful order or rule of the department. (u) Section 626.844(5), Florida Statutes, which provides that it is a violation to engage in unfair methods of competition or in unfair or deceptive acts or practices in the conduct of business, as prohibited under part IX of Chapter 626, or having otherwise shown himself or herself to be a source of injury or loss to the public or to be detrimental to the public interest. (v) Rule 690-186.008, Florida Administrative Code, which prohibits a title agent from using, endangering, or encumbering money held in trust without the permission of the owner of such money, given after full disclosure of the circumstances. (w) Section 626.8411, Florida Statutes, provides that Sections 626.747 and 626.734, Florida Statutes, apply to title agents and title agencies. (x) Section 626.747(1) Florida Statutes, provides that each branch place of business established by an agent or agency, firm, corporation, or association shall be in the active full-time charge of a licensed agent who is appointed to represent one or more insurers, (y) Section 626,734, Florida Statutes, provides that an agent who is an officer, director, or stockholder of an incorporated agency shall remain personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any provisions of the Florida Insurance Code committed by such licensee or by any person under his or her direct supervision and control while acting on behalf of the corporation if such person personally committed or knew or should have known of such act and of the facts constituting the violation. 21 COUNT V 45, The above general allegations are hereby realleged and fully incorporated herein by reference. 46. During November 2009, consumer H.W. requested that you, ROBERT W. ARCHIE, return $2,000 from a TitleCorp escrow account. . 47. The $2,000 was held as deposit for H.W.’s purchase of property. 48. H.W. subsequently decided to close through another title agency and requested return of the deposit. 49, You, ROBERT W, ARCHIE, returned $1,670 of the deposit held in escrow. 50. You, ROBERT W. ARCHIE, failed to remit $330 of the deposit as you alleged that $330 was properly expended for fees and costs for title services performed on behalf of H.W. 51. You, ROBERT W. ARCHIE, eventually returned the unlawfully retained funds to H.W, only after action by the Department at the request of the consumer. 52. In your response to a Department inquiry regarding the H.W. matter, you, ROBERT W. ARCHIE, attached two invoices for costs incurred while processing the closing for H.W. 53. One invoice was the cost of a boundary survey conducted by M.A.P. Land Surveying, Inc, The second invoice was from Stewart Title Guaranty Company for title search records. 54, The invoices you, ROBERT W. ARCHIE, sent to the Department were for survey and title search work for a residence located on 2234 Holly Pine Lane, Orlando, Florida and did not involve the property to be purchased by H.W. IT IS THEREFORE CHARGED that you, ROBERT W. ARCHIE, have violated one or more of the following provisions of the Florida Insurance Code and the Florida Administrative 22 Code, which constitute sufficient grounds for the suspension or revocation of your license or appointments as a title insurance agent in this state: (a) Section 626,611(7), Florida Statutes, which provides that it is a violation for any agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance. (b) Section 626.611(8), Florida Statutes, which provides that it is a violation for any agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (c) Section 626,611(9), Florida Statutes, which provides that it is a violation for any agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment. (d) Section 626.611(10), Florida Statutes, which provides that it is a violation for any 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. (e) Section 626.621(2), Florida Statutes, which provides that it is a violation for any agent to violate any provision of the Florida Insurance Code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. (f) Section 626.621(3), Florida Statutes, which provides that it is a violation for any agent to violate any lawful order or rule of the department, commission, or office. (g) Section 626.621(6), Florida Statutes, which provides that it is a violation for any agent to, in the conduct of business under the license or appointment, engage in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part IX of Chapter 626, or having otherwise shown himself or herself to be a source of injury or loss to the public. (h) — Section 626.621(12), Florida Statutes, which provides that it is a violation for any agent to knowingly aiding, assisting, procuring, advising, or abetting any person in the violation of 23 —" ad — ee or to violate a provision of the Florida Insurance Code or any order or rule of the department, commission, or office. @ 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, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. g) Section 626.9541(1)(0), Florida Statutes, which provides that it is an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance to knowingly collect as a premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, in accordance with the applicable classifications and rates as filed with and approved by the office, and as specified in the policy; or, in cases when classifications, premiums, or rates are not required by the Florida Insurance Code to be so filed and approved, premiums and charges collected from a Florida resident in excess of or less than those specified in the policy and as fixed by the insurer. (k) Section 626.8473(2), Florida Statutes, which provides that all funds received by a title insurance agent as described in section 626.8473(1) shall be trust funds received in a fiduciary capacity by the title insurance agent and shall be the property of the person or persons entitled thereto. (dy Section 626.8473(3), Florida Statutes, which provides that all funds received bya title insurance agent to be held in trust shall be immediately placed in a financial institution that is located within this state and is a member of the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. These funds shall be invested in an escrow account in accordance with the investment requirements and standards established for deposits and investments 24 () () of state funds in section 17.57, where the funds shall be kept until disbursement thereof is properly authorized. (m) Section 626.8473(4), Florida Statutes, which provides that funds required to be maintained in escrow trust accounts pursuant to section 626.8473 shall not be subject to any debts of the title insurance agent and shall be used only in accordance with the terms of the individual, escrow, settlement, or closing instructions under which the funds were accepted. (n) Section 626,8473(2), Florida Statutes, which provides that all funds received by a title insurance agent as described in subsection 626.8473(1) shall be trust funds received in a fiduciary capacity by the title insurance agent and shall be the property of the person or persons entitled thereto, (0) Section 626.8437(4), Florida Statutes, which provides that it is a violation for a licensee to demonstrate a lack of fitness or trustworthiness to represent a title insurer in the issuance of its commitments, binders, policies of title insurance, or guarantees of title. (p) Section 626.8437(5), Florida Statutes, which provides that it is a violation for a licensee to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (q) Section 626.8437(6), Florida Statutes, which provides that it is a violation to exhibit fraudulent or dishonest practices in the conduct of business under a license or appointment. (r) Section 626.8437(7), Florida Statutes, which provides that it is a violation to misappropriate, convert, or unlawfully withhold moneys belonging to title insurers, insureds, or others received in conduct of business under the license or appointment. (s) Section 626.844(2), Florida Statutes, which provides that it is a violation to violate of any provision of PartV of Chapter 626 in the course of dealing under the license or appointment. 25 ~~! — af ed (t) Section 626.844(3), Florida Statutes, which provides that it is a violation to violate of any lawful order or rule of the department. (u) Section 626.844(5), Florida Statutes, which provides that it is a violation to engage in unfair methods of competition or in unfair or deceptive acts or practices in the conduct of business, as prohibited under part IX of Chapter 626, or having otherwise shown himself or herself to be a source of injury or loss to the public or to be detrimental to the public interest. (v) Rule 690-186.008, Florida Administrative Code, which prohibits a title agent from using, endangering, or encumbering money held in trust without the permission of the owner of such money, given after full disclosure of the circumstances. (w) Section 626.8411, Florida Statutes, provides that Sections 626.747 and 626.734, Florida Statutes, apply to title agents and title agencies. (x) Section 626.747(1) Florida Statutes, provides that each branch place of business established by an agent or agency, firm, corporation, or association shall be in the active full-time charge of a licensed agent who is appointed to represent one or more insurers. (y) Section 626.734, Florida Statutes, provides that an agent who is an officer, director, or stockholder of an incorporated agency shall remain personally and fully liable and accountable for any wrongful acts, misconduct, or violations of any provisions of the Florida Insurance Code committed by such licensee or by any person under his or her direct supervision and control while acting on behalf of the corporation if such person personally committed or knew or should have known of such act and of the facts constituting the violation. WHEREFORE, you, ROBERT W. ARCHIE, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appointments as an insurance agent or impose such penalties as may be provided under the provisions of Sections 626.611, 626.621, 626.651, 626.692, 626.8437, 626.844, 626.8443, 626.8457, and 626.846, Florida 26 () () 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 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 32399-0390. 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 THAT 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 Gf any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent"), 27 (>) (b) The name, address, telephone number, facsimile number of the attorney or qualified a 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. Ifa 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 ofa 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 28 C) () 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 and SIGNED this 27 day of April » 2014. Gregory Thomas Director, Agent & Agency Services 29 es ee as 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: ROBERT W. ARCHIE, 355 S. Ronald Reagan Blvd., Longwood, Florida 32750 by certified mail this agen day of i , 2014. f ROBERT ALAN FOX Florida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 31 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: ROBERT W. ARCHIE CASE NO.: 120879-11-AG ELECTION OF PROCEEDING disposition of this matter as indicated below. (CHOOSE ONE) 1.[] | Idonot dispute any of the Department’s factual allegations and I do not desire a hearing, | 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. T do not dispute any of the Department's factual allegations and | 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. I 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 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 his or her name, address, telephone and fax numbers Fax No.: 30

Docket for Case No: 14-004973PL