FILED CHIEF FINANCIAL OFFICER JUL 26 JIMMY PATRONIS STATE OF FLORIDA Docketed by IN THE MATTER OF: HENRY MAURA CASE NO.: 172069-15-AG ADMINISTRATIVE COMPLAINT TO: Henry Maura 30377 S. Dixie Highway, Ste. B Homestead, Florida 33033 Henry Maura is hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of his activities while licensed as an insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1, Pursuant to chapter 626, Florida Statutes, Henry Maura is currently licensed in this state as a general lines insurance agent. 2. At all times pertinent to the dates and occurrences referred to herein, Henry Maura was licensed in this state as an insurance agent. 3. Pursuant to chapter 626, Florida Statutes, the Florida Department of Financial Services (Department) has jurisdiction over Henry Maura’s insurance license and appointments. 4, At all times pertinent to the dates and occurrences referred to herein, Henry Maura was the agent in charge of Trinity Insurance LLC (the Agency), a Florida limited liability corporation and a Florida licensed insurance agency.. 5. At all times pertinent to the dates and occurrences referred to herein, a Brokering Agency Agreement was in effect between the Agency and United Auto Insurance, whereby United Auto Insurance appointed the Agency to solicit insurance and accept applications, collect and receive premiums, and solicit premium finance business and accept premium finance applications. All of the authority and duties conveyed upon the Agency by the Brokering Agency Agreement were expressly subject at all times to the restrictions placed upon United Auto Insurance and the Agency by the laws or legally enforceable rules and regulations of the state of Florida. Henry Maura signed the Brokering Agency Agreement on behalf of the Agency. 6. At all times pertinent to the dates and occurrences referred to herein, Henry Maura, as agent in charge of the Agency, was accountable for misconduct or violations of the insurance code committed by any person under his direct supervision while acting on behalf of the Agency pursuant to section 626.0428(4)(e), Florida Statutes, 7, At all times pertinent to the dates and occurrences referred to herein, the Agency employed Luis Hernandez and Etiame Caridad Ramjohn, who were at all times under Henry Maura’s direct supervision, Luis Hernandez and Etiame Caridad Ramjohn were neither licensed in this state as customer service representatives pursuant to sections 626.112(1)(a), and 626.745, Florida Statutes, nor were they appointed with the Agency pursuant to section 626.451, Florida Statutes, and Rule 69B-213.060, Florida Administrative Code. COUNT I 8. The above general allegations are hereby realleged and fully incorporated herein by reference. 9. Between July 1, 2013, and February 13, 2014, the Agency submitted 31 insurance applications with Etiame Caridad Ramjohn as the licensed customer service representative of record to United Auto Insurance. Between September 1, 2013, and March 10, 2014, the Agency submitted 14 insurance applications with Luis Alfredo Hernandez as the licensed customer service representative of record to United Auto Insurance. 10. The Agency’s representations to United Auto Insurance that Etiame Caridad Ramjohn and Luis Alfredo Hernandez were licensed customer service representatives were false and material misstatements of fact. The Agency knowingly misrepresented to United Auto Insurance that Etiame Caridad Rahmjohn and Luis Alfredo Hernandez were licensed customer service representatives. United Auto Insurance would not have accepted the applications if the company had been aware that Etiame Caridad Rahmjohn and Luis Alfredo Hernandez were not licensed. 11, On March 18, 2014, Etiame Caridad Ramjohn transacted insurance, on behalf of the Agency, with consumer B.E.A. by soliciting the policy, fraudulently signing the policy application “Henry Maura” as record agent, receiving the premium payment, and signing the premium receipt as the record agent, without being licensed and without the presence of any licensed agent in the office. 12, Henry Maura knowingly allowed and aided the Agency to hold Etiame Caridad Ramjohn and Luis Alfredo Hernandez out to the insurance buying public and to an insurer as Florida licensed customer service representatives, all without benefit of licensure and appointment and in violation of sections 626,112(1)(a), 626.112(1)(b), 626.45 1, Florida Statutes, and Rule 69B-213.060, Florida Administrative Code. 13. Henry Maura was aware of or should have been aware that Etiame Caridad Ramjohn and Luis Alfredo Hernandez were acting on behalf of the Agency as customer service representatives without benefit of licensure and appointment. IT IS THEREFORE CHARGED that Henry Maura has violated or is accountable under the following provisions of the Florida Insurance Code and Rules of the Department which constitutes grounds for the suspension or revocation of his license and eligibility for licensure: (a) Section 626.611(g), Florida Statutes, which provides that it is a violation to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance; (b) Section 626.611 (m), Florida Statutes, which provides that it is a violation to willfully fail to comply with, or willfully violate sections 626.112(1)(a), 626.112(1)(b), 626.451, Florida Statutes, and Rule 69B-213.060, Florida Administrative Code, by employing unlicensed and unappointed individuals as customer service representatives; (c} Section 626.621(2), Florida Statutes, which provides that it is a violation to willfully fail to comply with any provision of the Florida Insurance Code or any other law applicable to the business of insurance in the course of dealing under the license or permit; and (d) Section 626.621(12), Florida Statutes, which provides that it is a violation to knowingly aid, assist, procure, advise, or abet any person in the violation of or to violate a provision of the insurance code or any order or rule of the Department. (e) Section 626.621(6), Florida Statutes, which provides that the Department may suspend or revoke a license or appointment, or the eligibility to hold a license or appointment, of any person it finds engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part IX of chapter 626. (f) Section 626,9521(1), Florida Statutes, which provides that no person shall engage in any trade practice which is defined in part IX of chapter 626 as an unfair or deceptive act or practice involving the business of insurance. (g) Section 626,9541(1)(e)1, Florida Statutes, which provides that knowingly making any false material statement is an unfair or deceptive act or practice. (h) Section 626.954 1(1)(k)I, Florida Statutes, which provides that knowingly making a false or fraudulent written statement on an insurance application is an unfair or deceptive act or practice. WHEREFORE, Henry Maura is hereby notified that the Chief Financia! Officer of the State of Florida intends to enter an order suspending or revoking his licenses and appointments 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, 626.692, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes and Florida Administrative Code as set out in this Administrative Complaint. Henry Maura is further notified that any order entered in this case revoking or suspending any license or cligibility for licensure held by him shall also apply to all other licenses and eligibility held by him under the Florida Insurance Code. DATED and SIGNED this Ll gay of , Sud Y » 2017, Gregory Thomas, Director # Division of Insurance Agent & A ency Services g 8 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 Flection 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 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 1 HEREBY CERTIFY that a copy of the foregoing Administrative Complaint and Election of Proceeding was sent by U. S. Certified Mail to: Respondent ITenry Maura at 30377 S. Dixie Highway, Ste. B, Homestead, Florida 33033, this Diet *day of uly , 2017. aver A Bo SY James A. Bossart, Esquire Office of the General Counsel ‘00 East Gaines Street Rm 612 Larson Building Tallahassee, FL 32399-0333 (850) 413-4124 Attorney for the Department STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES OFFICE OF THE GENERAL COUNSEL IN THE MATTER OF; CASE NO.: 172069-15-AG HENRY MAURA ELECTION OF PROCEEDING I have received and have read the Administrative Complaint filed by the Florida Department of Financial Services ("Department") against me, including the Notice of Rights contained therein, and | understand my options, J am requesting disposition of this mattcr as indicated below. (CHOOSE ONE) Lt) 3.0) I do not 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, 1 do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with Section 120.57(2), Florida Statutes, In this regard, 1 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. 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. [ 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, | 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 COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER TIAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT, The address for filing is: Julie Jones, DFS Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390, Signature Print Name Date: Address: Date Administrative Complaint Received: If you are represented by an attorney or qualified Phonc No.: representative, please attach to this election form his or her name, address, telephone and fax numbers Pax No.: Email : 10

Docket for Case No: 17-006158PL