FILED AUG 3 d 2020 CHIEF FINANCIAL OFFICER PATRONIS Docketed by JAS et OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, Petitioner, Case No.: 243822-19-AG v. MARVIN DELVALLE, Respondent. ADMINISTRATIVE COMPLAINT Marvin Delvalle 1707 Orlando Central Parkway Suite 100 Orlando, Florida 32809 Jed Berman 180 South Knowles Ave Suite 7 Winter Park, Florida 32789 Marvin Delvalle (“Respondent”), license #W147060, is hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of his activities while licensed as an insurance agent in this state. as a result it is alleged: GENERAL ALLEGATIONS 1. Pursuant to chapter 626, Florida Statutes, Respondent is currently licensed in this state as a resident life including variable annuity agent and a resident health agent. De At all times pertinent to the dates and occurrences referred to herein, Respondent was licensed in this state as a resident life including variable annuity agent and a resident health agent. 3. Pursuant to chapter 626, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over Respondent’s insurance license and appointments. 4. Respondent held an appointment with Transamerica Premier Life Insurance Company (“Transamerica”) until on or about October 3, 2017. COUNT I 5. The above general allegations are hereby realleged and fully incorporated herein by reference. 6. On or about July 25, 2016, Respondent submitted an application for fixed life insurance for consumer L.N. (“L.N. Application”) to Transamerica. 7. On the L.N. Application, Respondent provided information for a Citibank checking account ending in 4840 (“Citibank Account”) to fund the policy through automatic premium bank drafts. 8. On the L.N. Application, Respondent listed E.B. as the accountholder of the Citibank Account. 9. E.B. is not the account holder of the Citibank Account. 10. The Citibank Account is owned by T.L. and E.D. IT1IS 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 as a resident life and variable annuity agent and health agent in this state: (a) Section 626.611(1)(e), Florida Statutes, which provides the Department shall take disciplinary action if it finds a licensee committed a willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such policy or contract, done cither in person or by any form of dissemination of information or advertising. (b) Section 626.611(1)(g), Florida Statutes, which provides the Department shall take disciplinary action if it finds a licensee demonstrated a lack of fitness or trustworthiness to engage in the business of insurance. (c) Section 626.611(1)(i), Florida Statutes, which provides the Department shall take disciplinary action if it finds a licerisee has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. (d) Section 626.621(6), Florida Statutes, which provides that the Department may, in its discretion, suspend or revoke the license of agent if it finds that the licensee has been, in the conduct of business under the license or appointment, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part IX of this chapter, or having otherwise shown himself or herself to be a source of injury or loss to the public. (e) Section 626.9541 (1)(k), Florida Statutes, which provides that it is an unfair method of competition and an unfair or deceptive act or practice to knowingly make 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. (f) Section 626.952 1(2), Florida Statutes, which provides that any person who violates any provision of this part is subject to a fine in an amount not greater than $5,000 for each non- willful violation and not greater than $40,000 for each willful violation. COUNT I] 11. The above general allegations are hereby realleged and fully incorporated herein by reference. 12. On or about September 30, 2016, Respondent submitted an application for fixed life insurance for consumer J.S.F. (“J.S.F. Application”) to Transamerica. 13. On the J.S.F. Application, Respondent provided information for the Citibank checking account to fund the policy through automatic premium bank drafts. 14. On the J.S.F. Application, Respondent listed P.S.F. as the accountholder of the Citibank Account. 15. P.S.F. is not the accountholder of the Citibank Account. 16. The Citibank Account is owned by T.L. and E.D. IT 1S THEREFORE CHARGED that Respondent has violated one or more of the of the provisions of the Florida Statutes as described under Count I above, which constitute grounds for the suspension or revocation of his license as a resident life and variable annuity agent and health agent in this state. COUNT III 17. The above general allegations are hereby realleged and fully incorporated herein by reference. 18. On or about September 27, 2016, Respondent submitted an application for fixed life insurance for consumer M.A. (“M.A. Application”) to Transamerica. 19. On the M.A. Application, Respondent provided information for the Citibank checking account to fund the policy through automatic premium bank drafts. 20. On the M.A. Application, Respondent listed M.A. as the accountholder of the Citibank Account. 21. M.A. is not the accountholder of the Citibank Account. 22. The Citibank Account is owned by T.L. and E.D. IT IS THEREFORE CHARGED that Respondent has violated one or more of the of the provisions of the Florida Statutes as described under Count | above, which constitute grounds for the suspension or revocation of his license as a resident life and variable annuity agent and health agent in this state. COUNT IV 23. The above general allegations are hereby realleged and fully incorporated herein by reference. 24. On or about August 31, 2016, Respondent submitted an application for fixed life insurance for consumer X.F. (“X.F. Application”) to Transamerica. 25. On the X.F. Application, Respondent provided information for the Citibank checking account to fund the policy through automatic premium bank drafts. 26. On the X.F. Application, Respondent listed A.F. as the accountholder of the Citibank Account. 27. _ A.F. is not the accountholder of the Citibank Account. 28. The Citibank Account is owned by T.L. and E.D. IT IS THEREFORE CHARGED that Respondent has violated one or more of the of the provisions of the Florida Statutes as described under Count I above, which constitute grounds for the suspension or revocation of his license as a resident life and variable annuity agent and health agent in this state. COUNT V 29. The above general allegations are hereby realleged and fully incorporated herein by reference. 30. On or about October 11, 2016, Respondent submitted an application for fixed life insurance for consumer A.H.L. (“A.H.L. Application”) to Transamerica. 31. On the A.H.L. Application, Respondent provided information for the Citibank checking account to fund the policy through automatic premium bank drafts. 32. On the A.H.L. Application, Respondent listed A-H.L. as the accountholder of the Citibank Account. 33. A.HLL. is not the accountholder of the Citibank Account. 34. The Citibank Account is owned by T.L. and E.D. IT IS THEREFORE CHARGED that Respondent has violated one or more of the of the provisions of the Florida Statutes as described under Count | above, which constitute grounds for the suspension or revocation of his license as a resident life and variable annuity agent and health agent in this state. COUNT VI 35. | The above general allegations are hereby realleged and fully incorporated herein by reference. 36. On or about March 31, 2017, Respondent submitted an application for fixed life insurance for consumer R.D. (“R.D. Application”) to Transamerica. 37. On the R.D. Application, Respondent provided information for Bank of America checking account ending in 8430 (“BOA Account”) to fund the policy through automatic premium bank drafts. 38. On the R.D. Application, Respondent listed R.D. as the accountholder of the BOA Account. 39. _ R.D. is not the accountholder of the BOA Account. 40. | The BOA Account is owned by D.D., Respondent’s wife. IT IS THEREFORE CHARGED that Respondent has violated one or more of the of the provisions of the Florida Statutes as described under Count I above, which constitute grounds for the suspension or revocation of his license as a resident life and variable annuity agent and health agent in this state. COUNT VII 41. The above general allegations are hereby realleged and fully incorporated herein by reference. 42. On or about March 29, 2017, Respondent submitted an application for fixed life insurance for consumer M.B. (“M.B. Application”) to Transamerica. 43. On the M.B. Application, Respondent provided information for the BOA Account to fund the policy through automatic premium bank drafts. 44, On the M.B. Application, Respondent listed L.P. as the accountholder of the BOA Account. 45. __L.P. is not the accountholder of the BOA Account. 46. | The BOA Account is owned by D.D., Respondent’s wife. IT 1S THEREFORE CHARGED that Respondent has violated one or more of the of the provisions of the Florida Statutes as described under Count I above, which constitute grounds for the suspension or revocation of his license as.a resident life and variable annuity agent and health agent in this state. COUNT VII 47. The above general allegations are hereby realleged and fully incorporated herein by reference. 48. On or about June 30, 2017, Respondent submitted an application for fixed life insurance for consumer K.C. (“K.C. Application”) to Transamerica. 49. On the K.C. Application, Respondent provided information for the BOA Account to fund the policy through automatic premium bank drafts. 50. On the K.C. Application, Respondent listed K.C. as the accountholder of the BOA Account. 51. K.C. is not the accountholder of the BOA Account. 52. The BOA Account is owned by D.D., Respondent’s wife. IT IS THEREFORE CHARGED that Respondent has violated one or more of the of the provisions of the Florida Statutes as described under Count |] above, which constitute grounds for the suspension or revocation of his license as a resident life and variable annuity agent and health agent in this state. COUNT IX 53. The above general allegations are hereby realleged and fully incorporated herein by reference. 54, On or about March 24, 2017, Respondent submitted an application for life insurance for consumer F.S. (“F.S. Application’) to Transamerica. 55. On the F.S. Application, Respondent provided information for the Bank of BOA Account to fund the policy through automatic premium bank drafts. 56. On the F.S. Application, Respondent listed F.S. as the accountholder of the BOA Account. 57. F.S. is not the accountholder of the BOA Account. 58. | The BOA Account is owned by D.D., Respondent’s wife. IT IS THEREFORE CHARGED that Respondent has violated one or more of the of the provisions of the Florida Statutes as described under Count I above, which constitute grounds for the suspension or revocation of his license as a resident life and variable annuity agent and health agent in this state. WHEREFORE, the Respondent is hereby notified that the Chief Financial Officer intends to enter an Order imposing such penalties as may be provided under the provisions of chapter 626, Florida Statutes, Rule 69B-231, Florida Administrative Code and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. DATED and SIGNED this ZO day of Adgusst , 2020. se Gregory Thomas, Director Division of Insurance Agent and Agency Services NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department pursuant to sections 120.569 and 120.57, Florida Statutes, and chapter 28-106, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and a petition for administrative hearing are required. The request must be filed with Julie Jones, DFS Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. Your written response must be received by the Department no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to a hearing. FAILURE TO ENSURE THAT YOUR WRITTEN RESPONSE IS RECEIVED BY THE DEPARTMENT WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND A FINAL ORDER OF SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-106.2015, Florida Administrative Code. Specifically, your response must contain: (a) The name, address, telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent"). (b) The name, address, telephone number, and facsimile number of the attorney or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. (c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. (d) A statement of when the respondent received notice of the administrative complaint. (e) A statement including the file number of the administrative complaint. If a hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross- examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. If a proceeding is requested and there is no dispute of material fact, the provisions of section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. However, if you dispute material facts that are the basis for the Department’s action, you must request an adversarial proceeding pursuant to sections 120.569 and 120.57(1), Florida Statutes. These proceedings are held before an administrative law judge of the State of Florida Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered free from agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an administrative proceeding received before the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you during the time frame in which you have to request a hearing. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint and the Election of Proceeding below has been furnished to Marvin Delvalle at 1707 Orlando Central Parkway, Suite 100, Orlando, Florida 32809 and to Jed Berman at 180 South Knowles Ave, Suite 7, Winter Park, Florida 32789 by USPS Certified Mail this ZO day of August : 2020. /s/ David J. Busch David J. Busch Florida Bar No. 140945 Senior Attorney Department Financial Services, Office of the General Counsel 200 East Gaines Street Tallahassee, FL 32399-4229 41 7199 9991 7035 4581 Ob5e bus 5B Ob} _ Tel.: 850-413-4134 41 7199 441 7035 4 = Email: David.Busch(@ my floridacfo.com STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES OFFICE OF THE GENERAL COUNSEL DEPARTMENT OF FINANCIAL SERVICES, Petitioner, CASE NO.: 243822-19-AG v. MARVIN DELVALLE, Respondent. ELECTION OF PROCEEDING I have received and have read the Administrative Complaint filed by the Florida Department of Financial Services ("Department") against me, including the Notice of Rights contained therein, and I understand my options. ] am requesting disposition of this matter as indicated below. (CHOOSE ONE) 1. [ ] I donot dispute any of the Department's factual allegations and 1 do not desire a hearing. | understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my licenses and appointments as may be appropriate. 25 I do not dispute any of the Department's factual allegations and | hereby elect a proceeding to be conducted in accordance with section 120.57(2), Florida Statutes. In this regard, I desire to (CHOOSE ONE): [ 1 Submit a written statement and documentary evidence in lieu of a hearing: or [ ] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or [ ] Attend that same hearing by way of a telephone conference call. 3. [ ] I do dispute one or more of the Department's factual allegations. | hereby request a hearing pursuant to section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. I have attached to this election form the information required by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (c) of the Notice of Rights. Specifically, 1 have identified the disputed issues of material fact. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: Julie Jones, DFS Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. Signature Print Name Date: Address: Date Administrative Complaint Received: If you are represented by an attorney or qualified Phone No.: representative, please attach to this election form his or her name, address, telephone and fax numbers Fax No.: E-mail__ 14

Docket for Case No: 20-004108PL