Docketed by, FILED NOV 26 2018 a ea JIMMY PATRONIS STATE OF FLORIDA. IN THE MATTER OF: PELICAN INSURANCE AGENCY, INC. CASE NO. 234793-18-AG eer Pelican Insurance Agency, Inc. Samuel Jacks 499 NW 70% Ave, Suite 204 Plantation, Florida 33317 Pelican Insurance Agency, Inc., (“Pelican” or “Respondent”), license 1.D. #L063074, is hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of your activities while licensed as an agency in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to chapter 626, Florida Statutes, Respondent is currently licensed in this state as an insurance agency. 2. At all times pertinent to the dates and occurrences referred to herein, Respondent was licensed in this state as an agency. rt 3. Pursuant to chapter 626, Florida Statutes, the Florida Department of Financial Services (hereinafter referred to as the “Department”) has jurisdiction over your insurance license(s) and appointment(s). 4. Samuel Jacks (“Jacks”) is the president, only officer, and agent in charge of Pelican Insurance Agency, Inc. (“Pelican”). COUNT. 5. The above general allegations are hereby realleged and fully incorporated herein by reference. 6. At all times relevant to the dates and occurrences referenced herein, Brian Woodley was an employee of Pelican. 7. At all times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. 8. At all times relevant to the dates and occurrences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business. 9. At all times relevant to the dates and occutrences referenced herein, Citizens was a State of Florida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. 10. Atal] times relevant to the dates and occurrences referenced herein, a dwelling was only eligible to be written, pursuant to Citizen’s Personal Lines Underwriting Manual — Dwelling (“Manual”) with Citizens ift (a) An authorized insurer is not willing to write the risk at its approved rates; or om (b) The premium for coverage from the authorized insurer is more than 15 percent greater than the premium for comparable coverage from Citizens; and (c) The property owner and property to be insured meet all other applicable underwriting criteria. 11. At all times relevant to the dates and occurrences referenced herein, the Manual required agents to upload, in conjunction with the application for insurance, either “a document which shows that there is no-offer of coverage or a document which shows a comparison quote must be submitted for Underwriting review.” 12. Between August 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for On the Rise Investments, LLC, at 4515 Treehouse Lane #12-G, Tamarac, FL 33319. 13. The declination letter reflected that Florida Family Insurance (“Florida Family”) would not provide insurance coverage for 4515 Treehouse Lane #12-G, Tamarac, FL 33319. 14, Atall times relevant to the dates and occurrences herein, neither Pelican nor any of its employees or officers were appointed by Florida Family to write property insurance. 15. Florida Family did not generate the declination letter for 4515 Treehouse Lane #12- G, Tamarac, FL 33319. Had Florida Family generated the declination letter, it would have included quote numbers and an updated Florida Family logo. 16. The declination letter for 4515 Treehouse Lane #12-G, Tamarac, FL 33319 was- falsified. 17. Citizens wrote a policy for 4515 Treehouse Lane #12-G, Tamarac, FL 33319 based in part on the false declination letter. 18. Pelican and Jacks received commissions for the policy written by Citizens for 4515 Treehouse Lane #12-G, Tamarac, FL 33319. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grounds for the suspension or revocation of his license(s) as a life, including variable annuities, health, and general lines insurance agent. (a) Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Misrepresentation of any insurance policy or annuity contract, or deception with regard to any such policy or coritract, done either in person or by any form of dissemination of information or advertising.” (b) Section 626.6215(5)(d), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license.” (c) Section 626.6215(5)(j), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency.” oO oO (e) Section 626.9541(1)(e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts or practices, to include “False statements and entries — 1. Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.” (f) Section 626.9541(1){k)1, Florida Statutes, which makes it a deceptive act to: “Knowingly mak[e] a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” COUNT. 19. | The above general allegations are hereby realleged and fully incorporated herein by reference. 20. Atal] times relevant to the dates and occurrences referenced herein, Brian Woodley was an employee of Pelican. 21. At all times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. 22. At all times relevant to the dates and occurrences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business. 23. Atall times relevant to the dates and occurrences referenced herein, Citizens was a State of Florida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. ie 24. Atall times relevant to the dates and occurrences referenced herein, a dwelling was only eligible to be written, pursuant to the Manual, with Citizens if (a) An authorized insurer is not willing to write the risk at its approved rates; or (b) The premium for coverage from the authorized insurer is more than 15 percent greater than the premium for comparable coverage from Citizens; and (c) The property owner and property to be insured meet all other applicable underwriting criteria. 25. At all times relevant to the dates and occurrences referenced herein, the Manual required agents to upload, in conjunction with the application for insurance, either “a document which shows that there is no-offer of coverage or a document which shows a comparison quote must be submitted for Underwriting review.” 26. Between August 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for On the Rise Investments, LLC, at 5120 SW 40 Ave #7A, Fort Lauderdale, FL 33314. 27. The declination letter reflected that Florida Family Insurance (“Florida Family”) would not provide insurance coverage for On the Rise Investments, LLC, at 5120 SW 40 Ave #7A, Fort Lauderdale, FL 33314. . 28. At all times relevant to the dates and occurrences herein, neither Pelican nor any of its officers or employees were appointed by Florida Family to write property insurance. 29. Florida Family did not generate the declination letter for On the Rise Investments, LLC, at 5120 SW 40 Ave #7A, Fort Lauderdale, FL 33314. Had Florida Family generated the declination letter, it would have included quote numbers and an updated Florida Family logo. i? 30. The declination letter for On the Rise Investments, LLC, at 5120 SW 40 Ave #7A, Fort Lauderdale, FL 33314 was falsified. 31, Citizens wrote a policy for On the Rise Investments, LLC, at 5120 SW 40 Ave #7A, Fort Lauderdale, FL 33314 based in part on the false declination letter. 32. Pelican and Jacks received commissions for the policy written by Citizens for On the Rise Investments, LLC, at 5120 SW 40 Ave #7A, Fort Lauderdale, FL 33314. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grounds for the suspension or revocation of his license(s) as a life, including variable annuities, health, and general lines insurance agent. (a) Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Misrepresentation of any insurance policy or annuity contract, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.” (b) Section 626.6215(5)(d), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license.” (c) Section 626.6215(5)(j), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. c a (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency.” (e) Section 626.9541(1)(e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts or practices, to include “False statements and entries — 1.. Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e.- Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.” () Section 626.9541(1)(K)1, Florida Statutes, which makes it a deceptive act to: “Knowingly mak[e] a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” COUNT III 33. The above general allegations are hereby realleged and fully incorporated herein by reference. 34. Atall times relevant to the dates and occurrences referenced herein, Brian Woodley was an employee of Pelican. 35. At all times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. {* 36. At all times relevant to the dates and occurrences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business. 37. Atall times relevant to the dates and occurrences referenced herein, Citizens was a State of Florida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. 38. Atall times relevant to the dates and occurrences referenced herein, a dwelling was only eligible to be written, pursuant to the Manual, with Citizens if: (a) An authorized insurer is not willing to write the risk at its approved rates; or (b) The premium for coverage from the authorized insurer is more than 15 percent greater than the premium for-comparable coverage from Citizens; and (c) The property owner and property to be insured meet all other applicable underwriting criteria. 39. At all times relevant to the dates and occurrences referenced herein, the Manual required agents to upload, in conjunction with the application for insurance, either “a document which shows that there is no-offer of coverage or a document which shows a comparison quote must be submitted for Underwriting review.” 40. Between August 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for On the Rise Investments, LLC, at 4205 N. University Dr., Apt. 111, Sunrise, FL 33351. 41. The declination letter reflected that Florida Family Insurance (“Florida Family”) would not provide insurance coverage for On the Rise Investments, LLC, at 4205 N. University Dr., Apt. 111, Sunrise, FL 33351. cy a 42. Atall times relevant to the dates and occurrences herein, neither Pelican nor any of its officers or employees were appointed by Florida Family to write property insurance. 43. Florida Family did not generate the declination letter for On the Rise Investments, LLC, at 4205 N. University Dr., Apt. 111, Sunrise, FL 33351. Had Florida Family generated the declination letter, it would have included quote numbers and an updated Florida Family logo. 44. The declination letter for On the Rise Investments, LLC, at 4205 N. University Dr., Apt. 111, Sunrise, FL 33351 was falsified. 45. Citizens wrote a policy for On the Rise Investments, LLC, at 4205 N. University Dr., Apt. 111, Sunrise, FL 33351 based in part on the false declination letter. 46. Pelican and Jacks received commissions for the policy written by Citizens for On the Rise Investments, LLC, at 4205 N. University Dr., Apt. 111, Sunrise, FL 33351. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grounds for the suspension or revocation of his license(s) as a life, including variable annuities, health, and general lines insurance agent. (a) Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Misrepresentation of any insurance policy or annuity contract, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.” (b) Section 626.6215(5)(d), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license.” 10 CC (c) Section 626.6215(5)(j), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency.” (e) Section 626.9541(1)(e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts or practices, to include “False statements and entries - 1. Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.” (f) Section 626.9541(1)(kK)l, Florida Statutes, which makes it a deceptive act to: “Knowingly mak[e] a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” COUNT IV 47. The above general allegations are hereby realleged and fully incorporated herein by reference. 48. Atall times relevant to the dates and occurrences referenced herein, Brian Woodley was an employee of Pelican. 11 49. —_Atall times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. 50. At all times relevant to the dates and occurrences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business. 51. Atall times relevant to the dates and occurrences referenced herein, Citizens was a State of Florida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. 52, Atall times relevant to the dates and occurrences referenced herein, a dwelling was only eligible to be written, pursuant to the Manual, with Citizens if: (a) An authorized insurer is not willing to write the risk at its approved rates; or (b) The premium for coverage from the authorized insurer is more than 15 percent greater than the premium for comparable coverage from Citizens; and (c) The property owner and property to be insured meet all other applicable underwriting criteria. 53. At all times relevant to the dates and occurtences referenced herein, the Manual required agents to upload, in conjunction with the application for insurance, cither “a document which shows that there is no-offer of coverage or a document which shows a comparison quote must be submitted for Underwriting review.” 54. Between August 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for On the Rise Investments, LLC, at 7503 Kimberly Blvd., Unit 110, N. Lauderdale, FL. 12 QO om 55. The declination letter reflected that Florida Family Insurance (“Florida Family”) would not provide insurance coverage for On the Rise Investments, LLC, at 7503 Kimberly Blvd., Unit 110, N. Lauderdale, FL. 56. Atal times relevant to the dates and occurrences herein, neither Pelican nor any of its officers or employees were appointed by Florida Family:to write property insurance. 57. Florida Family did not generate the declination letter for On the Rise Investments, LLC, at 7503 Kimberly Blvd., Unit 110, N. Lauderdale, FL. Had Florida Family generated the declination letter, it would have included quote numbers and an updated Florida Family logo. 58. The declination letter for On the Rise Investments, LLC, at 7503 Kimberly Blvd., Unit 110, N. Lauderdale, FL was falsified. 59. Citizens wrote a policy for On the Rise Investments, LLC, at 7503 Kimberly Blvd., Unit 110, N. Lauderdale, FL based in part on the false declination letter. 60. Pelican and Jacks received commissions for the policy: written by Citizens for On the Rise Investments, LLC, at 7503 Kimberly Blvd., Unit 110, N. Lauderdale, FL. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grounds for the suspension or revocation of his license(s) as a life, including variable annuities, health, and general lines insurance agent. (a) Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Misrepresentation of any insurance policy or annuity contract, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.” 13 - (b) Section 626.6215(5)(d), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license.” (c) Section 626.6215(5)(j), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency, license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency.” (e) Section 626.9541(1)(e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts or practices, to include “False statements and entries — 1. Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.” (f) Section 626.9541(1)(k)1, Florida Statutes, which makes it a deceptive act to: “Knowingly mak[e] a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” COUNT V 14 to a 61. The above general allegations are hereby realleged and fully incorporated herein by reference. 62. Atall times relevant to the dates and occurrences referenced herein, Brian Woodley was an employee of Pelican. 63. At all times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. 64. At all times relevant to the dates and occurrences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business, 65. At all times relevant to the dates and occurrences referenced herein, Citizens was a State of Florida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. 66. Atall times relevant to the dates and occurrences referenced herein, a dwelling was only eligible to be written, pursuant to the Manual, with Citizens if: (a) An authorized insurer is not willing to write the risk at its approved rates; or (b) The premium for coverage from the authorized insurer is more than 15 percent greater than the premium for comparable coverage from Citizens; and (c) The property owner and property to be insured meet all other applicable underwriting criteria. 67. At all times relevant to the dates and occurrences referenced herein, the Manual required agents to upload, in conjunction with the application for insurance, either “a document which shows that there is no-offer of coverage or a document which shows a comparison quote must be submitted for Underwriting review,” 15 an 68. Between August 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for On the Rise Investments, LLC, at 7503 Kimberly Blvd., Unit 110, N. Lauderdale, FL. 69. The declination letter reflected that Florida Family Insurance (“Florida Family”) would not provide insurance coverage for On the Rise Investments, LLC, at 4222 Inverrary Blvd., #4703, Lauderhill, FL 33319. 70. At all times relevant fo the dates and occurrences herein, neither Pelican nor any of its officers of employees were appointed by Florida Family to write property insurance. 71. Florida Family did not generate the declination letter for On the Rise Investments, LLC, at 4222 Inverrary Blvd., #4703, Lauderhill, FL 33319. Had Florida Family generated the declination letter, it would have included quote numbers and an updated Florida Family logo. 72. The declination letter for On the Rise Investments, LLC, at 4222 Inverrary Blvd., #4703, Lauderhill, FL 33319 was falsified. 73. Citizens wrote a policy for On the Rise Investments, LLC, at 4222 Inverrary Blvd., #4703, Lauderhill, FL 33319 based in part on the false declination letter. 74. — Pelicati and Jacks received commissions for the policy written by Citizens for On the Rise Investments, LLC, at 4222 Inverrary Blvd., #4703, Lauderhill, FL 33319, IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grourids for the suspension or revocation of his license(s) as a life, including variable annuities, health, and general lines insurance agent. (a) Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for cenetionay refusal, suspension, or revocation of an insurance agency license if the agency commits “Misrepresentation of any insurance policy or annuity contract, or 16 ‘a a deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.” (b) Section 626.6215(5)(d), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license.” (c) Section 626.6215(5)(j), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage ’in the business of insurance arising out of activities related to insurance or the insurance agency.” (e) Section 626.9541(1)(e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts or practices, to include “False statements and entries — 1. Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.” (f) Section 626.9541(1)(k)1, Florida Statutes, which makes it a deceptive act to: “Knowingly mak[e] a false or fraudulent written or oral statement or representation on, or o relative to, an application or negotiation for an insurance policy. for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” COUNT VI 75. The above general allegations are hereby realleged and fully incorporated herein by reference. 76. — Atall times relevant to the dates and occurrences referenced herein, Brian Woodley was an employee of Pelican. 77. At all times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. 78. At all times relevant to the dates and occurrences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business. 79. Atall times relevant to the dates and occurrences referenced herein, Citizens was a State of Florida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. 80. At all times relevant to the dates and occurrences referenced herein, a dwelling was only eligible to be written, pursuant to the Manual, with Citizens if: (a) An authorized insurer is not willing to write the risk at its approved rates; or (b) The premium for coverage from the authorized insurer is more than 15 percent greater than the premium for'comparable coverage from Citizens; and (c) The property owner and property to be insured meet all other applicable underwriting criteria. 18 mo Oo 81. At all times relevant to the dates and occurrences referenced herein, the Manual required agents to upload, in conjunction with the application for insurance, either “a document which shows that there is no-offer of coverage or a document which shows a comparison quote must be submitted for Underwriting review.” 82. Between August 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for Milan Development Group LLC at 4449 Treehouse Lane, Unit C, Tamarac, FL 33319. 83. The declination letter reflected that Florida Family Insurance (“Florida Family”) would not provide insurance coverage for Milan Development Group LLC at 4449 Treehouse Lane, Unit C, Tamarac, FL 33319. 84. At all times relevant to the dates and occurrences herein, neither Pelican nor any of its officers or employees were appointed by Florida Family to write property insurance. 85. Florida Family did not generate the declination letter for Milan Development Group LLC at 4449 Treehouse Lane, Unit C, Tamarac, FL 33319. Had Florida Family generated the declination letter, it would have included quote numbers and an updated Florida Family logo. 86. The declination letter for Milan Development Group LLC at 4449 Treehouse Lane, Unit C, Tamarac, FL 33319 was falsified. 87. Citizens wrote a policy for Milan Development Group LLC at 4449 Treehouse Lane, Unit C, Tamarac, FL 33319 based in part on the false declination letter. 88. Pelican and Jacks received commissions for the policy written by Citizens for Milan Development Group LLC at 4449 Treehouse Lane, Unit C, Tamarac, FL 33319. 19 a O IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grounds for the suspension or revocation of his license(s) as a life, including variable annuities, health, and general lines insurance agent. (a) Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency — if the agency commits “Misrepresentation of any insurance policy or annuity contract, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.” (b) Section 626.6215(5)(d), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license.” (c) Section 626.6215(5)(j), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency.” (e) Section 626.9541(1)(e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts or practices, to include “False statements and entries — 1. Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, 20 a Cc disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.” (Cf) Section 626.9541(1)(k)1, Florida Statutes, which makes it a deceptive act to: “Knowingly mak[e] a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” COUNT VII 89. The above general allegations are hereby realleged and fully incorporated herein by reference. 90. — Atall times relevant to the dates and occutrences referenced herein, Brian Woodley was an employee of Pelican. 91. At all times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. 92. At all times relevant to the dates and occurtences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business. 93, Atall times relevant to the dates and occurrences referenced herein, Citizens was a State of Florida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. 94. At all times relevant to the dates and occurrences referenced herein, a dwelling was only eligible to be written, pursuant to the Manual, with Citizens if: (a) An authorized insurer is not willing to write the risk at its approved rates; or 21 t~ rr (b) The‘premium for coverage from the authorized insurer is more than 15 percent greater than the premium for comparable coverage from Citizens; and - (c) The property owner and property to be insured meet all other applicable underwriting criteria. 95. At all times relevant to the dates and occurrences referenced herein, the Manual required agents to upload, in conjunction with the application for insurance, either “a document which shows that there is no-offer of coverage or a document which shows a comparison quote must be submitted for Underwriting review.” 96. Between August 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for Milan Development Group LLC at 9150 NW 987 Drive Apt 309, Coral Springs, FL 33065. 97. The declination letter reflected that Florida Family Insurance (“Florida Family”) would not provide irfsurance coverage for Milan Development Group LLC at 9150 NW 987 Drive Apt 309, Coral Springs, FL 33065. 98. At all times relevant to the dates and occurrences herein, neither Pelican nor any of its officers or employees were appointed by Florida Family to write property insurance. 99. _—_ Florida Family did not generate the declination letter for Milan Development Group LLC at 9150 NW 98™ Drive Apt 309, Coral Springs, FL 33065. Had Florida Family generated the declination letter, it would have included quote numbers and an updated Florida Family logo. 100. The declination letter for Milan Development Group LLC at 9150 NW 98™ Drive Apt 309, Coral Springs, FL 33065 was falsified. 101. Citizens wrote a policy for Milan Development Group LLC at 9150 NW 987 Drive Apt 309, Coral Springs, FL 33065 based in part on the false declination letter. 22 a Cc 102. Pelican and Jacks received commissions for the policy written by Citizens for Milan Development Group LLC at 9150 NW 98" Drive Apt 309, Coral Springs, FL 33065. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grounds for the suspension or revocation of his license(s) as a life, including variable annuities, health, and general lines insurance agent. (a) Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for discretionary: refusal, suspension, or revocation of an insurance agency license if the agency commits “Misrepresentation of any insurance policy or annuity contract, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.” (b) Section 626.6215(5)(d), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license.” (c) Section 626.6215(5)(j), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency.” 23 (e) Section 626.9541(1)(e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts or practices, to include “False statements and entries — 1. Knowingly: a. Filing with any supervisory or other public official, b, Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or laced before the public, any false material statement.” (f) Section 626.9541(1})(kK)i, Florida Statutes, which makes it a deceptive act to: “Knowingly mak[e] a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” COUNT VIII 103. The above general allegations are hereby realleged and fully incorporated herein by reference. 104. Atal] times relevant to the dates and occurrences referenced herein, Brian Woodley was an employee of Pelican. 105. Atal] times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. 106. At all times relevant to the dates and occurrences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business. 107. Atal] times relevant to the dates and occurrences referenced herein, Citizens was a State of Florida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. 24 108. Atall times relevant to the dates and occurrences referenced herein, a dwelling was only eligible to be written, pursuant to the Manual, with Citizens if: (a) An authorized insurer is not willing to write the risk at its approved rates; or (b) The premium for coverage from the authorized insurer is more than 15 percent greatet than the premium for comparable coverage from Citizens; and (c) The property owner and property to be insured meet all other applicable underwriting criteria. 109. At all times releyant to the dates and occurrences referenced herein, the Manual required agents to upload, in conjunction with the application for insurance, either “a document which shows that there is no-offer of coverage or a document which shows a comparison quote must be submitted for Underwriting review.” 110. Between August 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for Milan Development Group LLC at 6061 Shakerwood Circle, Unit 202, Tamarac, FL 33319. 111. The declination letter reflected that Florida Family Insurance (“Florida Family”) would not provide insurance coverage for Milan Development Group LLC at 6061 Shakerwood Circle, Unit 202, Tamarac, FL 33319. 112. Atal] times relevant to the dates and occurrences herein, neither Pelican nor any of its officers or employees were appointed by Florida Family to write property insurance. 113. Florida Family did not generate the declination letter for Milan Development Group LLC at 6061 Shakerwood Circle, Unit 202, Tamarac, FL 33319. Had Florida Family generated the declination letter, it would have included quote numbers and an updated Florida Family logo. 25 rn o 114. The declination letter for Milan Development Group LLC at 6061 Shakerwood Circle, Unit 202, Tamarac, FL 33319 was falsified. 115. Citizens wrote a policy for Milan Development Group LLC at 6061 Shakerwood Circle, Unit 202, Tamarac, FL 333 19 based in part on the false declination letter. 116. Pelican and Jacks received commissions for the policy written by Citizens for Milan Development Group LLC at 6061 Shakerwood Circle, Unit 202, Tamarac, FL 33319. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grounds for the suspension or revocation of his license(s) as a life, including variable annuities, health, and general lines insurance agent. (a) Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Misrepresentation of any insurance policy or annuity contract, or deception with regard to any such policy or contract, done either in person or by.any form of dissemination of information or advertising.” (b) Section 626.6215(5)(d), Florida Statutes, which provides that it is grounds for discretionary tefusal, suspension, or revocation of an insurance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license.” (c) Section 626.6215(5)(j), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. 26 (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency.” (e) Section 626.9541(1)(e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts or practices, to include “False statements and entries — 1. Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, disseminating, circulating, c. Delivering-to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.” (f) Section 626.9541(1)(k)1, Florida Statutes, which makes it a deceptive act to: “Knowingly mak[e] a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” COUNT IX 117. The above general allegations are hereby realleged and fully incorporated herein by reference. 118. Atal times relevant to the dates and occurrences referenced herein, Brian Woodley was an employee of Pelican. 119. Atall times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. 27 120, At all times relevant to the dates and occurrences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business. 121. Atall times relevant to the dates and occurrences referenced herein, Citizens was a State of Florida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. 122. Atall times relevant to the dates and occurrences referenced herein, a dwelling was only eligible to be written, pursuant to the Manual, with Citizens if: (a) An authorized insurer is not willing to write the risk at its approved rates, or (b) The premium for coverage from the authorized insurer is more than 15 percent greater than the premium for comparable coverage from Citizens; and (c) The property owner and property to be insured meet all other applicable underwriting criteria. 123. At all times relevant to the dates and occurrences referenced herein, the Manual required agents to upload, in conjunction with the application for insurance, either “a document which shows that there is no-offer of coverage or a document which shows a comparison quote must be submitted for Underwriting review.” 124. Between August 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for Milan Development Group LLC at 9255 SW 1* Street, Unit 602, Plantation, Florida 33324. 125. The declination letter reflected that Florida Family Insurance (“Florida Family”) would not provide insurance coverage for Milan Development Group LLC at 9255 SW 1* Street, Unit 602, Plantation, Florida 33324. 28 e~ ry 126. At all times relevant to the dates and occurrences herein, neither Pelican nor any of its officers or employees were appointed by Florida Family to write property insurance. 127. Florida Family did not generate the declination letter for Milan Development Group LLC at 9255 SW 1* Street, Unit 602, Plantation, Florida 33324. Had Florida Family generated the declination letter, it would have included quote numbers and an updated Florida Family logo. 128. The declination letter for Milan Development Group LLC at 9255 SW 1* Street, Unit 602, Plantation, Florida 33324 was falsified. 129. Citizens wrote a policy for Milan Development Group LLC at 9255 SW 1* Street, Unit 602, Plantation, Florida 33324 based in part on the false declination letter. 130. Pelican and Jacks received commissions for the policy written by Citizens for Milan Development Group LLC at 9255 SW 1 Street, Unit 602, Plantation, Florida 33324. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grounds for the suspension or revocation of his license(s) as a life, including variable annuities, health, and general lines insurance agent. (a) Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Misrepresentation of any insurance policy or annuity contract, of deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.” (b) Section 626.6215(5)(d), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insutance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license.” 29 (c) Section 626.6215(5)(j), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency.” (e) Section 626.9541(1)(e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts or practices, to include “False statements and entries — 1. Knowingly: a. Filing with any supervisory or other ‘public official, b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.” (f) Section 626.9541(1)(k)1, Florida Statutes, which makes it a deceptive act to: “Knowingly mak{e] a false or fraudulent written or oral statement or representation oh, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” COUNT X 131, The above general allegations are hereby realleged and fully incorporated herein by reference. 132. Atall times relevant to the dates and occurrences referenced herein, Brian Woodley was an employee of Pelican. 30 133. At all times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. 134. At all times relevant to the dates and occurrences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business. 135, Atall times relevant to the dates and occutrences referenced herein, Citizens was a State of Florida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. 136. Atall times relevant to the dates and occurrences referenced herein, a dwelling was only eligible to be written, pursuant to the Manual, with Citizens if: (a) An authorized insurer is not willing to write the risk at its approved rates; or (b) The premium for coverage from the authorized insurer is more than 15 percent greater than the premium for comparable coverage from Citizens; and (c) The property owner and property to be insured meet all other applicable underwriting criteria. 137. At all times relevant to the dates and occurrences referenced herein, the Manual required agents to upload, in conjunction with the application for insurance, either “a document which shows that there is no-offer of coverage or a document which shows a comparison quote must be submitted for Underwriting review.” 138. Between August 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for Grand Capital Investments LLC, at 3640 N. 56% Ave, Apt. 414, Hollywood, FL 33021. 31 a 139. The declination letter reflected that Florida Family Insurance (“Florida Family”) would not provide insurance coverage for Grand Capital Investments LLC, at 3640 N. 56" Ave, Apt. 414, Hollywood, FL 33021. 140. At all times relevant to the dates and occurrences herein, neither Pelican nor any of its officers or employees were appointed by Florida Family to write property insurance. 141. Florida Family did not generate the declination letter for Grand Capital Investments LLC, at 3640 N, 56" Ave, Apt. 414, Hollywood, FL 33021. Had Florida Family generated the declination letter, it would have included quote numbers and an updated Florida Family logo. 142. The declination letter for Grand Capital Investments LLC, at 3640 N. 56 Ave, Apt. 414, Hollywood, FL 33021 was falsified. 143. Citizens wrote a policy for Grand Capital Investments LLC, at 3640 N. 56 Ave, Apt. 414, Hollywood, FL 33021 based in part on the false declination letter. 144. Pelican and Jacks received commissions for the policy written by Citizens for Grand Capital Investments LLC, at 3640 N. 56" Ave, Apt. 414, Hollywood, FL 33021. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grounds for the suspension or revocation of his license(s) as a life, including variable annuities, health, and general lines insurance agent. (a) Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Misrepresentation of any insurance policy or annuity contract, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.” 32 fy O {b) Section 626.6215(5)(d), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license.” (c) Section 626.6215(5)G), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities telated to insurance or the insurance agency. (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency.” (e) Section 626.9541(1)(e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts or practices, to include “False statements and entries — 1g Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.” (f) Section 626.9541(1)(k)1, Florida Statutes, which makes it a deceptive act to: “Knowingly mak(e] a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” COUNT XI 33 ram 145. The above general allegations are hereby realleged and fully incorporated herein by reference. 146. Atall times relevant to the dates and occurrences referenced herein, Brian Woodley was an employee of Pelican. 147. At all times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. 148. At all times relevant to the dates and occurrences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business. . 149, Atall times relevant to the dates and occurrences referenced herein, Citizens was a State of Florida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. 150. Atall times relevant to the dates and occurrences referenced herein, a dwelling was only eligible to be written, pursuant to the Manual, with Citizens if: (a) An authorized insurer is not willing to write the risk at its approved rates; or (b) The premium for coverage from the authorized insurer is more than 15 percent greater than the premium for comparable coverage from Citizens; and (c) The property owner and property to be insured meet all other applicable underwriting criteria. 151. At all times relevant to the dates and occurrences referenced herein, the Manual required agents to upload, in conjunction with the application for insurance, either “‘a document which shows that there is no-offer of coverage or a document which shows a comparison quote must be submitted for Underwriting review.” 34 152. Between August 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for Grand Capital Investments LLC, at 1201 SW52nd Ave #106-2, North Lauderdale, FL 33068. 153. The declination letter reflected that Florida Family Insurance (“Florida Family”) would not provide insurance coverage for Grand Capital Investments LLC, at 1201 SW52nd Ave #106-2, North Lauderdale, FL 33068. 154. At all times relevant to the dates and occurrences herein, neither Pelican nor any of its officers or employees were appointed by Florida Family to write property insurance. 155. Florida Family did not generate the declination letter for Grarid Capital Investments LLC, at 1201 SW52nd Ave #106-2, North Lauderdale, FL 33068. Had Florida Family generated the declination letter, it would have included quote numbers and an updated Florida Family logo. 156. The declination letter for Grand Capital Investments LLC, at 1201 SW52nd Ave #106-2, North Lauderdale, FL 33068 was falsified. 157. Citizens wrote a policy for Grand Capital Investments LLC, at 1201 SW52nd Ave #106-2, North Lauderdale, FL 33068 based in part on the false declination letter. 158. Pelican and Jacks received commissioris for the policy written by Citizens for Grand Capital Investments LLC, at 1201 SW52nd Ave #106-2, North Lauderdale, FL 33068. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grounds for the suspension or revocation of his license(s) as a life, including variable arinuities, health, and general lines insurance agent. (a) Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Misrepresentation of any insurance policy or annuity contract, or 35 a deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.” (b) Section 626.6215(5)(d), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license.” (c) Section 626.6215(5)(j), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency.” (e) Section 626.9541(1)(e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts or practices, to include “False statements and entries — 1. Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, publislied, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.” {f) Section 626.9541(1}(k)1, Florida Statutes, which makes it a deceptive act to: “Knowingly mak[e] a false or fraudulent written or oral statement or representation on, or 36 mM Cy relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” COUNT XII 159. The above general allegations are hereby realleged and fully incorporated herein by reference. 160. Atall times relevant to the dates and occurrences referenced herein, Brian Woodley was an employee of Pelican. 161. At all times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. 162. At all times relevant to the dates and occurrences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business. 163. Atall times relevant to the dates and occurrences referenced herein, Citizens was a State of Florida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. 164. Atall times relevant to the dates and occurrences referericed herein, a dwelling was only eligible to be written, pursuant to the Manual, with Citizens if: (a) An authorized insurer is not willing to write the risk at its approved rates; or (b) The premium for coverage from the authorized insurer is more than 15 percent greater than the premiuin for comparable coverage from Citizens; and (c) The property owner and property to be insured meet all other applicable underwriting criteria. 37 ‘- 2 165. At all times relevant to the dates and occurrences referenced herein, the Manual required agents to upload, in conjunction with the application for insurance, either ‘ta document which shows that there is no-offer of coverage or a document which shows a comparison quote must be submitted for Underwriting review.” 166. Between Augyst 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for Grand Capital Investments LLC, at 1161 W. River Drive Unit 1, Margate, FL 33063. 167, The declination letter reflected that Florida Family Insurance (‘Florida Family”) would not provide insurance coverage for Grand Capital Investments LLC, at 1161 W. River Drive Unit 1, Margate, FL 33063. 168. At all times relevant to the dates and occurrences herein, neither Pelican nor any of its officers or employees were appointed by Florida Family to write property insurance. 169. Florida Family did not generate the declination letter for Grand Capital Investments LLC, at 1161 W. River Drive Unit 1, Margate, FL 33063. Had Florida Family generated the declination letter, it would have included quote numbers and an updated Florida Family logo. 170. The declination letter for Grand Capital Investments LLC, at 1161 W. River Drive Unit 1, Margate, FL 33063 was falsified. 171. Citizens wrote a policy for Grand Capital Investments LLC, at 1161 W. River Drive Unit 1, Margate, FL 33063 based.in part on the false declination letter. 172. Pelican and Jacks received commissions for the policy written by Citizens for Grand Capital Investments LLC, at 1161 W,:River Drive Unit 1, Margate, FL 33063. 38 IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grounds for the suspension or revocation of his license(s) as a life, including variable annuities, health, and general lines insurance agent. (a) _—_ Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Misrepresentation of any insurance policy or annuity contract, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.” (b) Section 626.6215(5)(d), Florida Statutes, which prtovides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license.” (c) Section 626.6215(5)(j), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities related to insutance or the insurance agency. (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency.” (e) Section 626.9541(1)(e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts of practices, to include “False statements and entries — 1. Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, 39 O ~ disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.” (f) Section 626.9541(1)(k)1, Florida Statutes, which makes it a deceptive act to: “Knowingly mak[e] a false or fraudulent written or oral statement or fepresentation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtairiing a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” COUNT XI 173. The above general allegations are hereby realleged and fully incorporated herein by reference. 174. Atal times relevant to the dates and occurrences referenced herein, Brian Woodley was an employee of Pelican. 175. At all times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. 176. At all times relevant to the dates and occurrences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business. 177. Atall times relevant to the dates and occurrences referenced herein, Citizens was a State of Florida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. 178. Atall times relevant to the dates and occurrences referenced herein, a dwelling was only eligible to be written, pursuant to the Manual, with Citizens if: (a) An authorized insurer is not willing to write the risk at its approved tates; or 40 (b) The premium for coverage from the authorized insurer is more than 15 percent greater than the premium for comparable coverage from Citizens; and (c) The property owner and property to be insured meet all other applicable underwriting criteria. 179. At all times relevant to the dates and occurrences referenced herein, the Manual required agents to upload, in conjunction with the application for insurance, either “a document which shows that there is no-offer of coverage or a document which shows a comparison quote must be submitted for Underwriting review.” 180. Between August 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for Grand Capital Investments LLC, at 1204 NE Sth Terr. Unit 1, Fort Lauderdale, FL 33304. 181. The declination letter reflected that Florida Family Insurance (“Florida Family”) would not provide insurance coverage for Grand Capital Investments LLC, at 1204 NE 5th Terr. Unit 1, Fort Lauderdale, FL 33304. 182. Atall times relevant to the dates and occurrences herein, neither Pelican nor any of its officers or employees were appointed by Florida Family to write property insurance. 183. Florida Family did not generate the declination letter for Grand Capital Investments LLC, at 1204 NE 5th Terr. Unit 1, Fort Lauderdale, FL 33304. Had Florida Family generated the declination letter, it would have included quote numbers and an updated Florida Family logo. 184. The declination letter for Grand Capital Investments LLC, at 1204 NE 5th Terr. Unit 1, Fort Lauderdale, FL 33304 was falsified. 185. Citizens wrote a policy for Grand Capital Investments LLC, at 1204 NE Sth Terr. Unit 1, Fort Lauderdale, FL 33304 based in part on the false declination letter. 4 om O 186. Pelican and Jacks received commissions for the policy written by Citizens for Grand Capital Investments LLC, at 1204 NE Sth Terr. Unit 1, Fort Lauderdale, FL 33304. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grounds for the suspension or revocation of his license(s) as a life, including variable annuities, health, and general lines insurance agent. (a) Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Misrepresentation of any insurance policy or annuity contract, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.” (b) Section 626.6215(5)(d), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license.” (c) Section 626.6215(5)(j), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency;” 42 (e) Section 626.9541(1)(e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts or practices, to include “False statements and entries — 1, Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.” (f)} Section 626.9541(1)(k)1, Florida Statutes, which makes it a deceptive act to: “Knowingly mak[e] a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” COUNT XIV 187. The above general allegations are hereby realleged and fully incorporated herein by reference. 188. Atal times relevant to the dates and occurrences referenced herein, Brian Woodley was an employee of Pelican. 189. At all times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. 190. At all times relevant to the dates and occurtences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business. 191, Atal] times relevant to the dates and occurrences referenced herein, Citizens was a State of Florida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. 43 n c 192. Atal] times relevant to the dates and occurrences referenced herein, a dwelling was only eligible to be written, pursuant to the Manual, with Citizens if: (a) An authorized insurer is not willing to write the risk at its approved rates; or (b) The premium for coverage from the authorized insurer is more than 15 percent greater than the premium for comparable coverage from Citizens; and {c) The property owner and property to be insured meet all other applicable underwriting criteria. 193. At all times relevant to the dates and occurrences referenced herein, the Manual tequired agents to upload, in conjunction with the application for insurance, either “a document which shows that there is no-offer of coverage or a document which shows a comparison quote aust be submitted for Underwriting review.” 194. Between August 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for Premium Coastal Investments, LLC at 1305 S. Flagler Ave, Apt 119, Pompano Beach FL 33060. 195. The declination letter reflected that Florida Family Insurance (“Florida Family”) would not provide insurance coverage for Premiutn Coastal Investments, LLC at 1305 8. Flagler Ave, Apt 119, Pompano Beach FL 33060. 196. At all times relevant to the dates and occurrences herein, neither Pelican nor any of its officers or employees were appointed by Florida Family to write property insurance. 197. Florida Family did not generate the declination letter for Premium Coastal Investments, LLC at 1305 S. Flagler Ave, Apt 119, Pompano Beach FL 33060. Had Florida Family generated the declination letter, it would have included quote numbers and an updated Florida Family logo. 198. The declination letter for Premium Coastal Investments, LLC at 1305 S. Flagler Ave, Apt 119, Pompano Beach FL 33060 was falsified. 199, Citizens wrote a policy for Grand Capital Investments LLC, at Premium Coastal Investments, LLC at 1305 S. Flagler Ave, Apt 119, Pompano Beach FL 33060 based in part on the false declination letter. 200. Pelican and Jacks received commissions for the policy written by Citizens for Premium Coastal Investments, LLC at 1305 S. Flagler Ave, Apt 119, Pompano Beach FL 33060. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grounds for the suspension or revocation of his license(s) as a life, including variable annuities, health, and general lines insurance agent. (a) Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Misrepresentation of any insurance policy or annuity contract, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.” (b) Section 626.6215(5)(d), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insutance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license.” (c) Section 626.6215(5)(j), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. 45 (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency.” (e) Section 626.9541(1)(e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts or practices, to include “False statements and entries — 1. Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.” (f) Section 626.9541(1)(k)1, Florida Statutes, which makes it a deceptive act to: “Knowingly mak[e] a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” COUNT XV 201. The above general allegations are hereby realleged and fully incorporated herein by reference. 202. Atall times relevant to the dates and occurrences referenced herein, Brian Woodley was an employee of Pelican. 203. Atall times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. 46 oO CY 204. At all times relevant to the dates and occurrences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business. 205. tall times relevant to the dates and occurrences referenced herein, Citizens was a State of Florida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. 206. Atall times relevant to the dates and occurrences referenced herein, a dwelling was only eligible to be written, pursuant to the Manual, with Citizens if: (a) An authorized insurer is not willing to write the risk at its approved rates; or. (b) The premium for coverage from the authorized insurer is more than 15 percent greater than the premium for comparable coverage from Citizens; and (c) The property owner and property to be insured meet all other applicable underwriting criteria. 207. At all times relevant to the dates and occurrences referenced herein, the Manual required agents to upload, in conjunction with the application for insurance, either “a document which shows that there is no-offer of coverage or a document which shows a comparison quote must be submitted for Underwriting review.” 208. Between August 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for West Plantation Developments LLC at 3660 SW 60" Ave-Unit 3, Davie, FL 33314. 209. The declination letter reflected that Florida Family Insurance (“Florida Family”) would not provide insurance coverage for West Plantation Developments LLC at 3660 SW 60% Ave-Unit 3, Davie, FL 33314. : . 47 a - 210. Atall times relevant to the dates and occurrences herein, neither Pelican nor any of its officers or employees were appointed by Florida Family to write property insurance. 211. Florida Family did not generate the declination letter for West Plantation Developments LLC at 3660 SW 60™ Ave-Unit 3, Davie, FL 33314. Had Florida Family genetated the declination letter, it would have included quote numbers and an updated Florida Family logo. 212. The declination letter for West Plantation Developments LLC at 3660 SW 60" Ave- Unit 3, Davie, FL 33314 was falsified. 213. Citizens wrote a policy for West Plantation Developments LLC at 3660 SW 60% Ave-Unit 3, Davie, FL 33314 based in part on the false declination etter. 214. Pelican and Jacks received commissions for the policy written by Citizens for West Plantation Developments LLC at 3660 SW 60 Ave-Unit 3, Davie, FL 33314. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grounds for the suspension or revocation of his license(s) as a life, including variable annuities, health, and general lines insurance agent. (a) Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Misrepresentation of any insurance policy or annuity contract, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.” (b) Section 626.6215(5)(d), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license.” 48 im Oo (c) Section 626.6215(5)G), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency.” (e) Section 626.9541(1}(e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts or practices, to include “False statements and entries — 1. Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.” (f Section 626.9541(1)(k)1, Florida Statutes, which makes it a deceptive act to: “Knowingly mak[e] a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” COUNT XVI 215. The above general allegations are hereby realleged and fully incorporated herein by reference. 216. Atall times relevant to the dates and occurrences referenced herein, Brian Woodley was an employee of Pelican. 49 a 217. At all times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. 218. At all times televant to the dates and occurrences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business. 219. Atall times relevant to the dates and occurrences referenced herein, Citizens was a State of Florida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. 220. tall times relevant to the dates and occurrences referenced herein, a dwelling was only eligible to be written, pursuant to the Manual, with Citizens if: (a) An authorized insurer is not willing to write the risk at its approved rates; or (b) The premium for coverage from the authorized insurer is more than 15 percent greater than the premium for comparable coverage from Citizens; and (c) The property owner and property to be insured meet all other applicable underwriting criteria. 221. At all times relevant to the dates and occurrences referenced herein, the Manual required agents to upload, in conjunction with the application for insurance, either “a document which shows that there is no-offer of coverage or a document which shows a comparison quote must be submitted for Underwriting review.” 222. Between August 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for West Plantation Developments LLC at 2001 NW 96" Ter, 10H, Pembroke Pines, FL 33024. 50 223. The declination letter reflected that Florida Family Insurance (“Florida Family”) would not provide insurance coverage for West Plantation Developments LLC at 2001 NW 96" Ter, 10H, Pembroke Pines, FL 33024. 224. Atall times relevant to the dates and occurrences herein, neither Pelican nor any.of its officers or employees were appointed by Florida Family to write property insurance. 225, Florida Family did not generate the declination letter for West Plantation Developments LLC at 2001 NW 96" Ter, 10H, Pembroke Pines, FL 33024. Had Florida Family generated the declination letter, it would have included quote numbers and an updated Florida Family logo. 226. The declination letter for West Plantation Developments LLC at 2001 NW 96" Ter, 10H, Pembroke Pines, FL 33024 was falsified. 227. Citizens wrote a policy for West Plantation Developments LLC at 2001 NW 96" Ter, 10H, Pembroke Pines, FL 33024 based in part on the false declination letter. 228. Pelican and Jacks received commissions for the policy written by Citizens for West Plantation Developments LLC at 2001 NW 96" Ter, 10H, Pembroke Pines, FL 33024. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grounds for the suspension or revocation of his license(s) as a life, including variable annuities, health, and general lines insurance agent. (a) Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Misrepresentation of any insurance policy or annuity contract, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.” 51 (b) Section 626.6215(5)(d), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing undér the license.” (c) Section 626.6215(5)G), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency.” (e) Section 626.9541 (1)(e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts or practices, to include “False statements and entries — 1. Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.” (@ Section 626.9541(1)(k)1, Florida Statutes, which makes it a deceptive act to: “Knowingly mak[e] a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation fot an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” COUNT XVII 52 i. O 229. The above general allegations are hereby realleged and fully incorporated herein by reference. 230. Atal times relevant to the dates and occurrences referenced herein, Brian Woodley was an employee of Pelican. 231. At all times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. 232. At all times relevant to the dates and occurrences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business. 233. At all times relevant to the dates and occurrences referenced herein, Citizens was a State of Flotida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. 234. Atall times relevant to the dates and occurrences referenced herein, a dwelling was only eligible to be written, pursuant to the Manual, with Citizens ift (a) An authorized insurer is not willing to write the risk at its approved rates; or (b) The premium for coverage from the authorized insurer is more than 15 percent greater than the premium for comparable coverage from Citizens; and (c) The property owner and property to be insured meet all other applicable underwriting criteria. 235. At all times relevant to the dates and occurrences referenced herein, the Manual required agents to upload, in conjunction with the application for insurance, either “a document which shows that there is no-offer of coverage or a document which shows a comparison quote must be submitted for Underwriting review.” 53 236. Between August 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for West Plantation Developments LLC at 2832 Fillmore St #17, Hollywood, FL 33020. 237. The declination letter reflected that Florida Family Insurance (“Florida Family”) would not provide insurance coverage for West Plantation Developments LLC at 2832 Fillmore St #17, Hollywood, FL 33020. 238. At all times relevant to the dates and occurrences herein, neither Pelican nor any of its officers or employees were appointed by Florida Family to write property insurance. 239. Florida Family did not generate the declination letter for West Plantation Developments LLC at 2832 Fillmore St #17, Hollywood, FL 33020. Had Florida Family generated the declination letter, it would have included quote numbers and an updated Florida Family logo. 240. The declination letter for West Plantation Developments LLC at 2832 Fillmore St #17, Hollywood, FL 33020 was falsified. 241. Citizens wrote a policy for West Plantation Developments LLC at 2832 Fillmore St #17, Hollywood, FL 33020 based in part on the false declination letter. 242. Pelican and Jacks received commissions for the policy written by Citizens for West Plantation Developments LLC at 2832 Fillmore St #17, Hollywood, FL 33020. IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grounds for the suspension or revocation of his license(s) as a life, including variable annuities, health, and general lines insutance agent. (a) Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Misrepresentation of any insurance policy or annuity contract, or 34 a Qn deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.” (b) Section 626.6215(5)(d), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license.” (c) Section 626.6215(5)(j), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance ageiicy license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency.” (e) Section 626.9541(1){e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts or practices, to include “False statements and entries — 1,, Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.” (f) Section 626.9541(1)(k)1, Florida Statutes, which makes it a deceptive act to: “Knowingly mak[e] a false or fraudulent written or oral statement or representation on, or 55 Mm oT) relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” COUNT XVIII 243. The above general allegations are hereby realleged and fully incorporated herein by reference. 244. Atall times relevant to the dates and occurrences referenced herein, Brian Woodley was an employee of Pelican. 245. Atall times relevant to the dates and occurrences referenced herein, Robert James Peppe was an employee of Pelican. 246. At all times relevant to the dates and occurrences referenced herein, Citizens Property Insurance Corporation (“Citizens”) was a residual market entity and was a market of last resort when placing business. 247. Atall times relevant to the dates and occurrences referenced herein, Citizens was a State of Florida governmental entity, subject to Public Records Requests under Chapter 119, Florida Statutes. 248. Atal] times relevant to the dates and occurrences referenced herein, a dwelling was only eligible to be written, pursuant to the Manual, with Citizens if: (a) An authorized insurer is not willing to write the risk at its approved rates; or (b) The premium for coverage from the authorized insurer is more than 15 percent greater than the premium for comparable coverage from Citizens; and ({c) The property owner and property to be insured meet all other applicable underwriting criteria. 56 a ~ 249, At all times relevant to the dates and occurrences referenced herein, the Manual required agents to upload, in conjunction with the application for insurance, either “a document which shows that there is no-offer of coverage or a document which shows a comparison quote must be submitted for Underwriting review.” 250. Between August 12, 2014 and February 20, 2016, Pelican submitted a declination letter in conjunction with an application for a DP-3 policy for Ludaeorum Investing LLC at 5200 NW 31* Ave #H156, Fort Lauderdale, FL 33309. 251. The declination letter reflected that Florida Family Insurance (“Florida Family”) would not provide insurance coverage for Ludaeorum Investing LLC at 5200 NW 31" Ave #H156, Fort Lauderdale, FL 33309. 252. Atall times relevant to the dates and occurrences herein, neither Pelican nor any of its officers or employees were appointed by Florida Family to write property insurance. 253. Florida Family did not generate the declination Jetter for Ludaeorum Investing LLC at 5200 NW 31% Ave #H156, Fort Lauderdale, FL 33309. Had Florida Family generated the declination letter, it would have included quote numbers and an updated Florida Family logo. 254. The declination letter for Ludaeotum Investing LLC at 5200 NW 31% Ave #H156, Fort Lauderdale, FL 33309 was falsified. 255. Citizens wrote a policy for Ludaeorum Investing LLC at 5200 NW 31" Ave #H156, Fort Lauderdale, FL 33309 based in part on the false declination letter. 256. Pelican and Jacks received commissions for the policy written by Citizens for Ludacorum Investing LLC at 5200 NW 31% Ave #H156, Fort Lauderdale, FL 33309. 37 mo (~ IT IS THEREFORE CHARGED that Respondent has violated one or more of the following provisions of the Florida Statutes, which constitute grounds for the suspension or revocation of Respondent’s license and appointments. (a) Section 626.6215(5)(c), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Misrepresentation of any insurance policy or annuity contract, or deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising.” (b) Section 626.6215(5)(d), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits a “Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license.” (c) Section 626.6215(5)(j), Florida Statutes, which provides that it is grounds for discretionary. refusal, suspension, or revocation of an insurance agency license if the agency commits “Fraudulent or dishonest practices in the conduct of business arising out of activities related to insurance or the insurance agency. (d) Section 626.6215(5)(k), Florida Statutes, which provides that it is grounds for discretionary refusal, suspension, or revocation of an insurance agency license if the agency commits “Demonstrated lack of fitness or trustworthiness to engage in the business of insurance arising out of activities related to insurance or the insurance agency.” (e) Section 626.9541(1}(e), Florida Statutes, which defines unfair methods of competition and unfair or deceptive acts or practices, to include “False statements and entries — 1; Knowingly: a. Filing with any supervisory or other public official, b. Making, publishing, 58 cs am disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement.” (f) Section 626.9541(1)(k)1, Florida Statutes, which makes it a deceptive act to: “Knowingly mak[e] a false or fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual.” « WHEREFORE, Respondent is hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your license(s) and appointment(s) as an insurance agency or to impose such penalties as may be provided under the provisions of Sections 626.6215, 626.9541, 626.536, 626.641, 626.681, and 626.691, Florida Statutes, and under section 69B- 231.100 of the Florida Administrative Code, as set out in this Administrative Complaint. emo , 2018. Gregory Thomas Director, Agent & Agency Services A NOTICE OF RIG! ees / You have tlie Apres seauest a proceeding to contest this action by the Department pursuant to sections 120.569 and 120.57, Florida Statutes, and Rule 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/or a petition for administrative hearing will suffice as a written request. 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 59 r 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 requifements of Rule 28-106.2015, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specifically, your response must contain: (a) The name, address, and telephone number, and facsimile number (if any) of the respofident (for the purpose of requesting a hearing in this matter, you are the "respondent"). (b) Thename, address, telephone number, 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- 60 oO 0 examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. Ifa 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 a State Administrative Law Judge of the 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 procéeding. Any request for an administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliatice 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 until the response has been received by the Department. 61 -