FILED SEP 49 2016 ae CHIEF FINANCIAL OFFICER nt ae JEFF ATWATER Docketed by L : STATE OF FLORIDA IN THE MATTER OF: CASENO.: 180509-15-AG ANAELY PARDO / ADMINISTRATIVE COMPLAINT Anaely Pardo 828 Henscratch Road Lake Placid, Florida 33852 Anaely Pardo (“Respondent”), license number #P058279, is hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of Respondent’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 648, Florida Statutes, Respondent is currently licensed in this state as a public adjuster. 2. At all times pertinent to the dates and occurrences referred to herein, Respondent was licensed in this state as a public adjuster. 3. Pursuant to chapter 648, Florida Statutes, the Florida Department of Financial Services (the “Department”) has jurisdiction over Respondent’s license and appointments. 4. At all times relevant to the dates and occurrences referred to herein, Respondent was the owner and registered officer of Capital Claims Public Adjuster Inc. (“Capital Claims”). COUNT I 5. The above general allegations are hereby realleged and fully incorporated herein by reference. 6. On or about March 4, 2014, Alejandro Noel Baltodano Jr. (“Baltodano”) received a public adjuster apprentice license from the Department, having license number #W071469, which identified Respondent as the Supervising All Lines Public Adjuster. 7. On or about March 11, 2015, Respondent submitted a Public Adjuster Apprentice Employment Report to the Department which verified Baltodano worked under her supervision. 8. From or about May 2014 through February 2015, Baltodano, on behalf of Capital Claims as Respondent’s employee, solicited and/or executed contracts for public adjuster services without Respondent’s presence or direct supervision or guidance including, but not limited to: (a) identifying himself as a “Public Adjuster” on business cards; and/or (b) executing retainer agreements with consumers. 9. Respondent’s signature appeared on the Capital Claims contracts where services were performed by Baltadano. 10. Respondent failed to provide direct supervision or guidance when Baltodano solicited and/or executed public adjuster contracts. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitutes grounds for the suspension or revocation of her license as a public adjuster in this state: (a) Section 626.611(1)(m), Florida Statutes, which provides it is a violation for any licensee’s willful failure to comply with, or willful violation of, any proper order or rule of the Department or a willful violation of any provision of the Florida Insurance Code. (b) Section 626.621(2), Florida Statutes, which provides it is grounds for disciplinary action when a licensee violates 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. (c) Section 626.621(12), Florida Statutes, which provides it is grounds for disciplinary action when a licensee knowingly aids, assists, procures, advises, or abets any person in the violation of or to violate a provision of the Florida Insurance Code or any rule or order or rule of the Department. (d) Section 626.8651(11), Florida Statutes, which provides, in pertinent part, that a public adjuster apprentice may not execute contracts for the services of a public adjuster or public adjusting firm and may not solicit contracts for the services except under the direct superivision and guidance of the supervisory public adjuster. (e) Rule 69B-220.051(3)(a), Florida Administrative Code, which defines “solicitation of public adjuster business” as intiating contact with any person, whether in person, by mail, by telephone, or otherwise, and thereby seeking, causing, urging, advising, or attempting to have any person enter into an agreement engaging the services of a public adjuster for adjusting services. (f) Rule 69B-220.051(2)(g), Florida Administrative Code, which defines “adjusting services” as the preparation, completion, or filing of an insurance claim with the respective insurer for compensation or remuneration on behalf of an insured or third party claimant. WHEREFORE, Respondent is hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking her license and appointment as an insurance agent or to impose such penalties as may be provided under the provisions of sections 626.611. 626.621, 626.681, 626.691, 626.9521, and 631.155, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. rn Gd . DATED and SIGNED this r4 { day of S 14 d-lemboer 2016. Gregory Thomas Director, Agent & Agency Services 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) 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 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. 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. 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: Anaely Pardo at 828 Henscratch Road, Lake Pacid, Florida 33852, and Anaely Pardo c/o Andrew J. Vargas at 815 Ponce De Leon Boulevard, 3rd Floor, Coral Gables, Florida 33134; by Certified Mail this thay of 7 » 2016. 43, 7299 9991 7032 7168 3254 \ Ahilie H. Duong Florida Bar No.: 118636 Department of Financial Services Office of the General Counsel 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 hone: (850) 413-4134 Fax: (850) 487-4907 annie.duong@myfloridacfo.com el 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: Anaely Pardo at 13331 Southwest 132nd Ave., #7, Miami, Florida 33186, and Anaely Pardo c/o Andrew J. Vargas at 815 Ponce De Leon Boulevard, 3rd Floor, Coral Gables, Florida 33134; by Certified Mail, and Andrew J. Vargas by electronic mail at AHEVIA@TRUJILLOVARGAS. COM, this 4 « day of Teuocr : 2016. & Gy 2199 9991 7092 7166 SEP vey” Tl 7199 999), 2932 7168 364? AGA Annie H. Duong Florida Bar No.: 118636 Department of Financial Services Office of the General Counsel 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 Phone: (850) 413-4134 Fax: (850) 487-4907 annie.duong@myfloridacfo.com

Docket for Case No: 17-000033PL