() | C) FILED MAY 06 2016 : eo 4 Docketed by ZL. CHIEE PINANCIAL OFFICER STATE OF FLORIDA IN THE MATTER OF: Case No.: 172981-15-AG JULIO ALFREDO PINEDA © ADMINISTRATIVE COMPLAINT Julio Alfredo Pineda 15894 Kilmarnock Drive Miami Lakes, Florida 33014 Julio Alfredo Pineda 9255 Southwest 125 Avenue #R106 Miami, Florida 33186 The Chief Financial Officer of the State of Florida has caused to be made an investigation - of Julio Alfredo Pineda’s activities while licensed as a public adjuster in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to chapter 626, Florida Statutes, Julio Alfredo Pineda is currently licensed in this state as a public adjuster. 2. At all times pertinent to the dates and occurrences referred to herein, Julio Alfredo Pineda was licensed in this state as a public adjuster. C) C) 3. Pursuant to chapter 626, Florida Statutes, the Florida Department of Financial Services (the “Department”) has jurisdiction over Julio Alfredo Pineda’s license and appointments. COUNT I 4. The above general allegations are hereby realleged and fully incorporated herein by reference. 5. Section 626.865(2), Florida Statutes, provides, in part, that at the time of application for licensure as a public adjuster, the applicant shall file with the Department a bond executed and issued by a surety insurer authorized to transact such business in this state, in the amount of $50,000, conditioned for the faithful performance of his or her duties as a public adjuster under the license. Such bond must be maintained unimpaired through the existence of the license and for at least one (1) year after termination of the license. | 6. In connection with his application for licensure as a public adjuster, on November 16, 2005, Julio Alfredo Pineda filed the required bond with the Department. The bond was issued by Great American Insurance Company, bond number 3980623-1387. 7. On or around July 2, 2014, Great American Insurance Company issued a written notice to Julio Alfredo Pineda stating that it would cancel bond number 3980623-1387 effective November 20, 2014. 8. On July 8, 2014, the Department received notice from Great American Insurance Company that it would cancel bond number 3980623-1387 effective November 20, 2014. 9. On July 10, 2014, the Department issued a written notice to Julio Alfredo Pineda requesting that he provide an original replacement bond. _ C) C) 10. On or around January 26, 2015, the Department received an original replacement bond from Western Surety Company, bond no. 62228297, effective November 24, 2014. IT IS THEREFORE CHARGED that Julio Alfredo Pineda has violated one or more of the following provisions of the Florida Statutes, which constitutes sufficient grounds for the suspension or revocation of all licenses issued to him under the Florida Insurance Code in this state: (a) Section 626.865(2), Florida Statutes, which provides that a public adjuster shall maintain an unimpaired surety bond at all times licensed in the amount of $50,000. (b) Section 626.8698(1), Florida Statutes, which provides that the Department may deny, suspend, or revoke the license of a public adjuster or public adjuster apprentice, and administer a fine not to exceed $5,000 per act, for the violation of any provision of chapter 626, Florida Statutes, or a rule or order of the Department. (c) Section 626.611(1)(a), Florida Statutes, which provides that the Department shall deny, suspend, revoke, or refuse to renew or continue the license or appointment of any public adjuster if it finds that the applicant, licensee, or any principal thereof lacks one or more of the qualifications for the license or appointment as specified. (d) Section 626.611(1)(m), 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 willfully fail to comply with, or willfully violate, any proper order or rule of the Department or any provision of the Florida Insurance Code. (e) Section 626.621(2), Florida Statutes, which provides that the Department may, in its discretion, suspend, revoke, or refuse to renew or continue the license or appointment of any licensee if it finds any violation of any provision of the Florida Insurance Code or of any other - C) C) law applicable to the business of insurance in the course of dealing under the license or appointment. WHEREFORE, Julio Alfredo Pineda is hereby notified that the Chief Financial Officer, through his designee, intends to enter an order suspending or revoking any license and appointment issued to him pursuant to the Florida Insurance Code or to impose such penalties as may be provided under the provisions of sections 626.611, 626.621, 626.681, 626.691, and 626.8698, Florida Statutes, and under the other referenced sections of the Florida Statutes as set ‘ out in this Administrative Complaint. DATED and SIGNED this_G" day of May , 2016. Dee 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 an 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 32399-0333. 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 JIS 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"). C) C) (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) 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 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 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. - C) oom! S’ 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 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. C) C) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint and attached Election of Proceeding have been furnished to: Julio Alfredo Pineda, 15894 Kilmarnock Drive, Miami Lakes, Florida 33014; Julio Alfredo Pineda, 9255 Southwest 125 Avenue, #R106, Miami, Florida 33186; William Terry, 5900 Southwest 73rd Street, Third Floor-Suite 303, South Miami, Florida 33143, by Certified Mail this (day of NM by _, 2016. i es A. Bossart Senior Attorney Department of Financial Services Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4124 FL 72499 9991 7032 7168 33560 Fh 715949 F49L 7032 PbS 33953

Docket for Case No: 16-003909PL