FILED FEB 0 5 2016 <. Docketed by. CHIEF FINANCIAL OFFICER JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: Case No.: 185432-16-AG TRINITY TITLE & ESCROW LLC / ADMINISTRATIVE COMPLAINT Trinity Title & Escrow LLC C/O Joseph E. Altschul 1911 Northwest 150th Avenue Suite 203 Pembroke Pines, Florida 33028 Trinity Title & Escrow LLC, license I.D. # E185820, a title insurance agency, is hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of its activities while licensed as a title agency in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to chapter 626, Florida Statutes, Trinity Title & Escrow LLC (the “Respondent”) is currently licensed in this state as a title agency. 2. At all times pertinent to the dates and occurrences referred to herein, the Respondent was licensed in this state as a title agency. 3. Pursuant to chapter 626, Florida Statutes, the Florida Department of Financial Services (the “Department” has jurisdiction over the Respondent’s title agency license. COUNT I 4, _ The above general allegations are hereby realleged and fully incorporated herein by reference, 5. Section 627.782(8), Florida Statutes, states: Each title insurance agency and insurer licensed to do business in this state and each insurer’s direct or retail business in this state shall maintain and submit information, including revenue, loss, and expense data, as the office determines necessary to assist in the analysis of title insurance premium rates, title search costs, and the condition of the title insurance industry in this state. Such information shall be transmitted to the office annually by May 31 of the year after the reporting year. The commission shall adopt rules relating to the collection and analysis of the data from the title insurance industry. 6. Licensed title insurance agencies were required to submit the 2015 Data Call Filing to the Florida Office of Insurance Regulation by June 1, 2015, since May 31, 2015 was not a business day. 7. As of June 1, 2015, the Florida Office of Insurance Regulation had not received the 2015 Data Call Filing from the Respondent. 8. As of January 22, 2016, the Florida Office of Insurance Regulation has not received the 2015 Data Call Filing from the Respondent. IT IS THEREFORE CHARGED that the Respondent has violated one or more of the . following provisions of the Florida Statutes, which constitutes sufficient grounds for the suspension or revocation of its license or appointment as a title insurance agency in this state: (a) Section 626.8437(11), Florida Statutes, which provides that it is a violation for any title insurance agent or agency to fail to timely submit data as required by section 627.782(8), Florida Statutes. (b) Section 626.611(1)(g), Florida Statutes, which provides that it is a violation to demonstrate lack of fitness or trustworthiness in the business of insurance. “‘ C) ) (c) Section 626.611(1)(h), Florida Statutes, which provides that it is a violation to demonstrate lack of reasonably adequate knowledge and technical competence. (d) Section 626.621(2), Florida Statutes, which provides that it is a violation to violate any provision of the Florida Insurance Code or any other law applicable to the business of insurance in the course of dealing under license or appointment. (e) Section 626.621(3), Florida Statutes, which provides that it is a violation to violate any lawful order or rule of the Department, Commission, or Office. (f) Section 626.8437(4), Florida Statutes, which provides that it is a violation to demonstrate a lack of fitness or trustworthiness to represent a title insurer in the issuance of its commitments or policies of title insurance. (g) Section 626.8437(5), Florida Statutes, which provides that it is a violation to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by license or appointment. (h) Rule 690-186.013, Florida Administrative Code, which requires each licensed title insurance agency to electronically submit statistical data to the Florida Office of Insurance ’ Regulation by the day designated in section 627.782(8), Florida Statutes. C) C) WHEREFORE, the Respondent is hereby notified that the Chief Financial Officer, through his designee, intends to enter an order suspending or revoking any license issued to the Respondent pursuant to the Florida Insurance Code or to impose such penalties as may be provided under the provisions of sections 626.611, 626.621, 626.631, 626.641, 626.681, 626.691, 626.8437, 626.844, 626.8443, 626.8457, and 626.846, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. DATED and SIGNED this_S_ day of Fébuvar y 2016. Gregory Thomas Director, Agent & Agency Services C) C) 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 chapter 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 a petition for administrative hearing are required. 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. Specifically, your response must contain: (a) The name, address, 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, and 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) C) (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. 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 that 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 an administrative law judge of the State of Florida 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 free form agency action, and no such oral communication or correspondence C) C) shall operate as a valid request for an administrative proceeding. Any request for an administrative proceeding received before 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 during the time frame in which you have to request a hearing. 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: Trinity Title & Escrow LLC, 1911 Northwest 150th Avenue, Suite 203, Pembroke Pines, Florida 33028; by Certified Mail this S day of FPbuvav y , 2016. Tey Leah L, Marino 574 424? Managing Attorney a1 qua 9992 7038 OE Assistant General Counsel oo Department of Financial Services Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4227 C) STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: CASE NO.: 185432-16-AG TRINITY TITLE & ESCROW LLC ELECTION OF PROCEEDING Respondent has received and have read the Administrative Complaint filed by the Florida Department of Financial Services ("Department") against it, including the Notice of Rights contained therein, and Respondent understands its options. Respondent is requesting disposition of this matter as indicated below. (CHOOSE ONE) Lt] 3.0] Respondent does not dispute any of the Department’s factual allegations and does not desire a hearing. Respondent understands that by waiving its 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 m Respondent’s licenses and appointments as may be appropriate. Respondent does not dispute any of the Department's factual allegations and hereby elects a proceeding to be conducted in accordance with section 120.57(2), Florida Statutes. In this regard, Respondent desires 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. Respondent does dispute one or more of the Department's factual allegations. Respondent hereby requests a hearing pursuant to section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. Respondent has 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, Respondent has identified the disputed issues of material fact. TO PRESERVE YOUR RIGHT TO A HEARING, RESPONDESNT MUST FILE ITS RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF RESPONDESNT’S 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 RESPONDESNT’S RECEIPT OF THE ADMINISTRATIVE COMPLAINT, The address for filing is: Julie Jones, DFS Agency Clerk, 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 his or her name, address, telephone and fax numbers Fax No.: E-mail : UNITED STATES _ a4 POSTAL SERVICE. Date: February 16, 2016 Terri Jo TTE Shiver: The following is in response to your February 16, 2016 request for delivery information on your Certified Mail™ item number 9171999991703545794747. The delivery record shows that this item was delivered on February 8, 2016 at 1:39 pm in PEMBROKE PINES, FL 33028. The scanned image of the recipient information is provided below. Signature of Recipient : Address of Recipient : \al [ Nhe LS << 2022 Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service

Docket for Case No: 16-001511