FILED SEP 2970 : ~\ a CHIEF FINANCIAL OFFICER D OSE Docketed by 7 -) JEFF ATWATER IN THE MATTER OF: CASE NO.: 188597-16-AG JAVID ANDRES VALENZUELA ADMINISTRATIVE COMPLAINT Javid Andres Valenzuela 16134 Southwest 106" Terrace Miami, Florida 33196 Javid Andres Valenzuela (“Respondent”), license number #P 109695, 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 Maximum Claims Consultants, Inc. (“MCC”), located at 12251 Southwest 129" Court, Miami, Florida 33186. 5. At all times relevant to the dates and occurrences referred to herein, Respondent was the owner and registered officer of Maximum Claims of Florida, Inc. (“MCF”), located at 12251 Southwest 129th Court, Miami, Florida 33186. COUNT I 6. The above general allegations are hereby realleged and fully incorporated herein by reference. 7. According to the Department’s records, the Respondent listed 16134 Southwest 106th Terrace, Miami, Florida 33196 as the Respondent’s business address. 8. According to the Florida Department of State Division of Corporations records, the Respondent listed 12251 Southwest 129th Court, Miami, Florida 33186 as the primary registered address for MCC and MCF. 9. On or about May 8, 2015, an investigation revealed MCF published an internet advertisement at “http://representmyclaim.com” which shows the address listed as 12251 Southwest 129th Court, Miami, Florida 33186. 10. Respondent’s lease at 12251 Southwest 129th Court, Miami, Florida, was active on or about December 1, 2013 through on or about May 31, 2015. 11. On or about May 6, 2016, an inspection revealed that the location at 12251 Southwest 129th Court, Miami, Florida 33186 was vacant. 12. The Respondent failed to notify the Department, in writing, within 30 days after the Respondent’s business address changed. 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, 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, 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 626.551, Florida Statutes, provides a licensee must notify the Department, in writing, within 30 days after a change of name, residence address, principal business street address, mailing address, contact telephone numbers, including a business telephone number, or e-mail address. COUNT II 13. The above general allegations are hereby realleged and fully incorporated herein by reference. 14. According to the Department’s records, the Respondent listed 16134 Southwest 106th Terrace, Miami, Florida 33196 as the Respondent’s business address. 15. On or about May 6, 2015, an inspection revealed the address 16134 Southwest 106th Terrace, Miami, Florida 33196 was a residential address which did not maintain records pertaining to the Respondent’s public adjusting business and held only occupants not associated with the Respondent’s public adjusting business. 16. The Respondent failed to maintain a place of business accessible to the public and keep therein the usual and customary records pertaining to the Respondent’s license at 16134 Southwest 106th Terrace, Miami, Florida 33196. 17. [TIS 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, 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, 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 626.875(1), Florida Statutes, provides each appointed independent adjuster and licensed public adjuster must maintain a place of business in this state which is accessible to the public and keep therein the usual and customary records pertaining to transactions under the license and the maintenance of such an office in the home of the licensee is allowed. COUNT III 18. The above general allegations are hereby realleged and fully incorporated herein by reference. 19. On or about May 8, 2015, an investigation revealed MCF published an internet advertisement at “http://representmyclaim.com” which fails to show the names or license numbers of any public adjusters. 20. As of the date of this Administrative Complaint, the advertisement fails to include the full name and license number of the Respondent, who caused the advertisement to appear. 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, 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, 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) Rule 69B-220(4)(b), Florida Administrative Code, provides that any advertisement, in whatever form, by a public adjuster shall include the full name and license number, as specified in Department records, or the public adjuster who has caused the advertisement to appear and where a firm containing multiple licensed public adjusters is causing in advertisement to appear, the full name and license number of the designated primary adjuster as specified in Department records shall appear in the advertisement. (REST OF PAGE LEFT INTENTIONALLY BLANR) WHEREFORE, Respondent is hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking the Respondent’s license and appointment as a public adjuster 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. mo : an , DATED and SIGNED this y day of OM Db ema bec , 2016. vot 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. Yhe 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 Il HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint and Election of Proceeding has been furnished, by Certified Mail, to: Javid Andres Valenzuela at 16134 Southwest 106th Terrace, Miami, Florida 33196 and Paul A. Humbert, Esq. c/o Javid_ Andres Valenzuela at 199 East Flagler Street #1010, Miami, Florida 33131, this Ath day of ZL entler , 2016. 34 7189 9992 703¢ 2ub? 9905 a H. rol 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 10

Docket for Case No: 17-000034PL