08-002246 Alex J. Campos vs. Department Of Financial Services
 Status: Closed
Recommended Order on Friday, September 18, 2009.


View Dockets  
Summary: Petitioner failed to meet the burden to demonstrate that he is rehabilitated, fit and trustworthy to have the restrictions removed for Florida licensure and therefore, Petitioner's Petition to Terminate the Restriction and Prohibition is denied.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8ALEX J. CAMPOS, )

12)

13Petitioner, )

15)

16vs. ) Case No. 08-2246

21)

22DEPARTMENT OF FINANCIAL )

26SERVICES, )

28)

29Respondent. )

31)

32RECOMMENDED ORDER

34Pursuant to notice, a due process hearing was held in this

45case on March 10 and 11, 2009, in Ft. Lauderdale, Florida,

56before June C. McKinney, a duly-designated Administrative Law

64Judge of the Division of Administrative Hearings.

71APPEARANCES

72For Petitioner: Joel Fass, Esquire

77Amy Koltnow, Esquire

80One Financial Plaza 23rd Floor

85100 Southeast 3rd Avenue

89Ft. Lauderdale, Florida 33394

93For Respondent: Mary K. Surles, Esquire

99Michael H. Davidson, Esquire

103Florida Department of Financial Services

108200 East Gaines Street

112Room 624 Larson Building

116Tallahassee, Florida 32399-0333

119STATEMENT OF THE ISSUE

123Whether Campos' Petition for Termination of Restriction and

131Prohibition of the January 12, 1995, Final Order should be

141granted because Campos has demonstrated that he is

149rehabilitated, fit, and trustworthy to have those restrictions

157lifted.

158PRELIMINARY STATEMENT

160On April 2, 2008, the Department of Financial Services

169("Department"), notified Alex Campos ("Petitioner" or "Campos"),

180of its decision to deny Petitioner's Petition for Termination of

190Restriction and Prohibition. Petitioner timely requested an

197administrative hearing regarding the Department's action. On

204May 9, 2008, the Department forwarded the Petitioner's request

213to the Division of Administrative Hearings to conduct a formal

223hearing.

224The undersigned granted the Department's Motion in Limine

232in Support of the Doctrine of Collateral Estoppel. The

241undersigned's ruling precluded the relitigation of the issues

249and facts referenced in the May 17, 1999, Final Order and the

261May 7, 2001, Consent Order.

266At the final hearing, Petitioner testified on his own

275behalf and presented the testimony of Steve Malono, Esquire;

284Dean White, Senior Vice-President of Transportation at TIG;

292Richard Parrillo, Sr., CEO of United Auto Insurance Company; and

302Issac Linsky, Staff Attorney for the United States Justice

311Department and close friend (through deposition testimony).

318Petitioner offered Exhibits 1 through 21, which were received

327into evidence.

329Respondent presented the testimony of one witness,

336Department Investigator, Susan Jordan. Respondent's Exhibits

342numbered 1 through 3 were admitted into evidence. The parties

352stipulated to the submission of Joint Exhibits 1-5, representing

361excerpts and selected exhibits from the depositions of Peter

370McDonnell, Raylene Blocker, Frances Silverthorn, Robert Redican,

377and Roxanne Rehm, which were received into evidence.

385Official recognition was taken of the Department's

392Final Order filed January 12, 1995, In the Matter of Alex J.

404Campos, DOI Case No. 93-L063SMH, DOAH Case No. 93-1460; the

414Department's Final Order and Recommended Order filed May 17,

4231999, In the Matter of Proposed Acquisition of 100 percent of

434the Outstanding Stock of Perry & Company, Case No. 26576-98-CO;

444and the Consent Order filed March 7, 2001, In the Matter of

456Proposed Acquisition of 100 percent of the Outstanding Stock of

466Perry & Company, DOI Case Nos. 29086-99-CO and 26576-98-CO, and

476DOAH Case No. 99-2918.

480The hearing was completed on March 11, 2009, and the

490parties requested that the proposed recommended order deadline

498be 45 days after the transcript was filed with the Division of

510Administrative Hearings. On April 2 and 8, 2009, the

519Transcript, consisting of three volumes, was filed. By mutual

528agreement at the hearing, proposed recommended orders were to be

538filed by May 26, 2009. The undersigned granted Petitioner's

547Motion for Enlargement of Time to file proposed recommended

556orders until July 6, 2009. Petitioner requested a second

565extension, which the Department did not oppose, and both parties

575were given until July 10, 2009, to file proposed recommended

585orders. Respondent filed a timely proposed recommended order.

593Petitioner's proposed recommended order was filed on July 13,

6022009. Respondent did not object to the late filing of

612Petitioner's proposed recommended order and so it is accepted as

622filed. Both parties' proposed recommended orders have been

630considered in this matter.

634FINDINGS OF FACT

6371. In 1993, the Department’s predecessor, the Florida

645Department of Insurance (“DOI”) commenced an action against

653Mr. Campos based on allegations of misconduct while an officer

663and director of First Miami, then a DOI-licensed insurance

672company. As a result of that investigation, the DOI

681subsequently sought an order removing, restricting, or

688prohibiting Campos from participating in the affairs of Perry &

698Company ("Perry & Co."), then a DOI-licensed premium finance

709company, pursuant to Section 624.310, Florida Statutes.

7162. On January 12, 1995, the Florida Treasurer and

725Insurance Commissioner issued a Final Order ("Removal Order")

735removing Campos from the affairs of Perry & Co., and prohibiting

746him from thereafter participating in the affairs of any entity

756licensed under the Florida Insurance Code. The pertinent

764language of the Removal Order stated:

770. . .the Respondent shall forthwith CEASE

777any participation in the affairs of any

784entity licensed , as that term is defined in

792Section 120.52(9), Florida Statutes, under

797the Florida Insurance Code, and is

803PROHIBITED from engaging in such activities.

809(Emphasis added).

811* * *

814The Respondent is not eligible for

820reelection or appointment to any official

826position to any licensee in this state

833except upon the written consent of the

840Department.

8413. On February 29, 1996, the Department's Final Order was

851upheld by the First District Court of Appeal and became

861effective on March 18, 1996, upon the district court’s issuance

871of its mandate.

8742001 Consent Order

8774. In 1996, Campos through his company AJC Consulting,

886Inc. ("AJC") executed and performed under an agreement with

897Perry & Co., providing consulting and data processing services.

906Perry & Co. was a premium finance company licensed by the DOI at

919all times up until about March 7, 2001.

9275. In 1998, Perry & Co. requested the Department's

936approval to change ownership and control of the company. During

946the application process, the Department discovered Campos had

954business activities with Perry & Co.

9606. On May 17, 1999, the Department issued its Final Order

971from an evidentiary hearing held February 18, 1999, pursuant to

981Section 628.4615(6), Florida Statutes (1999), approving the

988acquisition of shares of Perry & Co. by Jack Perry contingent

999upon the issuance of a Consent Order that prohibited Campos from

1010participating in the affairs of Perry & Co. or exercising

1020control over Perry & Co.

10257. The Consent Order (“2001 Consent Order”) dated March 7,

10352001, was issued requiring Perry & Co. to surrender its Florida

1046license. It further stated that pursuant to the 1995 Final

1056Order, Campos “shall not in any way be involved in the provision

1068of any such administrative services unless authorized to do so

1078by subsequent Order of the Department.”

10848. From 1995 until present Alex Campos was president and

1094co-owner of PC General Agency, Inc. ("PC General"). Since then,

1106he has engaged in regulated business throughout the United

1115States and has been licensed in several capacities in other

1125jurisdictions.

1126Kenneth I. Tobey, Inc.

11309. Kenneth I Tobey, Inc. (“KIT”) operated in the states of

1141Oregon and Washington as a licensed managing general agency. On

1151October 18, 2005, KIT was issued a Florida certificate of

1161licensure as a non-resident managing general agent, License No.

1170P007036, by the Department. KIT's non-resident managing general

1178agent license became valid upon issuance. 1

118510. While Campos was considering the purchase of KIT in

11952006, he became aware of the fact that a Florida non-resident

1206managing general agent license had been issued to KIT by the

1217Department. KIT’s then president, Robert Redican, provided

1224Campos a document identified as “license by state.”

1232Approximately 11 states were listed with the license number and

1242expiration date on the document. Corresponding to Florida was

1251the following information:

1254State License Number Expiration Date Notes

1260Florida P007036 N/A Managing

1264. General Agent

126711. Florida was the only state that had N/A under the

1278Expiration Date column. The other states had dates except two

1288had "perpetual." However, even with that knowledge, Campos

1296failed to contact the Department to inquire about the status of

1307the Florida license issued to KIT or ask the meaning of N/A.

1319Campos testified unconvincingly that he understood the N/A meant

1328not active.

133012. On April 30, 2006, Campos executed a "Company

1339Management Agreement" between his company, PC General, and KIT.

1348The agreement allowed PC General to manage and operate KIT's

1358business “in the States of Oregon and Washington and in any

1369other state to which the parties may mutually agree in writing.”

1380With the agreement, he took over the management functions and

1390administrative services, which included, but were not limited

1398to: policy processing, customer service type calls, receipt type

1407calls, and the cash processing type transactions of KIT.

141613. KIT maintained no office in Florida, conducted no

1425insurance business in Florida, and was never appointed as a

1435managing general agent for any carrier or licensee in the state

1446of Florida.

144814. From April 30, 2006, until the date KIT filed for

1459bankruptcy on October 18, 2006, PC General managed KIT, Inc.'s

1469Washington and Oregon offices through the "Company Management

1477Agreement." As trustee, Campos signed the October 16, 2006,

1486Bankruptcy Petition as manager of, and on behalf of, KIT when it

1498was filed. Soon thereafter, Petitioner was removed and replaced

1507with an independent trustee since he also served in the capacity

1518as a creditor.

152115. Campos neither requested nor obtained written consent

1529from the Department to enter into and perform under the “Company

1540Management Agreement" with KIT. Campos' relationship with KIT,

1548a Florida licensee, allowed him to be a part of KIT's business

1560affairs.

1561GetAutoInsurance.com

156216. On April 13, 2005, Campos became the owner and

1572president of GetAutoInsurance.com, LLC, a Georgia corporation.

1579That entity is the registered owner of the domain name

1589“GetAutoInsurance.com.”

159017. Campos maintained and operated the internet website.

1598Petitioner entered into contracts with different companies

1605throughout the country that provide insurance products.

1612GetAutoInsurance.com partners with the companies that are

1619licensed insurance agencies. The website provides technology

1626that allows each partner to market and distribute insurance via

1636the internet.

163818. The website works by a customer entering a zip code on

1650the GetAutoInsurance.com World Wide Web address and then the

1659customer clicks on the tab “Start Quote.” That customer

1668receives a quote from a partner entity for an insurance product.

1679Each partner compensates Campos a one-time $5.00 quote fee per

1689customer. Florida customers are neither restricted from using

1697the GetAutoInsurance.com website nor from getting quotes for

1705insurance from Florida partner companies.

171019. On or about May 5, 2005, Campos executed a Marketing

1721Master agreement between GetAutoInsurance.com and Esurance Inc.

1728The terms of the agreement required Esurance pay Campos a one-

1739time quote fee of $5.00 for each unique visitor quote. 2 The

1751Market Master Agreement neither restricted the kinds of

1759insurance products Campos could be compensated for by soliciting

1768on behalf of Esurance via GetAutoInsurance.com nor limited the

1777customers to those outside of Florida.

178320. Under the general provision section, the Marketing

1791Master Agreement provides:

1794Esurance and [GetAutoInsurance.com LLC]

1798recognize and agree that both Parties are

1805operating independently and neither party

1810shall be construed as an agent, partner or

1818joint venture of the other Party.

182421. On or about October 9, 2008, Susan Jordan (“Jordan”)

1834went to www.GetAutoinsurance.com . The GetAutoInsurance.com

1840website did not describe policy benefits or coverage terms,

1849quote premiums for insurance products or provide assistance to

1858customers with completing insurance applications on its

1865homepage. However, the homepage did state:

1871* * *

1874When you’re driven to buy auto insurance, or

1882maybe just to make sure you’re getting the

1890best deal, doesn’t it make sense to take the

1899internet highway instead. . . .

1905You have already taken the on ramp to get

1914here and now you are really just a few

1923minutes away from competitive quotes, no

1929matter where you live. Getting quotes with

1936GetAutoInsurance.com is the fast, easy and

1942no cost way that you can do anytime or

1951anywhere.

1952The professionals at GetAutoInsurance.com

1956have been meeting the Insurance needs of

1963thousands of customers nationwide for years

1969and we can do the same for you. And our

1979service doesn't stop at the sale. We're

1986here for you when you need to make a change

1996to your policy or coverage. And, unlike

2003others, if you have a claim, we're here to

2012help there too. Don't know what to do--

2020don't know where to go for repairs-all you

2028need to do is steer your computer to

2036GetAutoInsurance.com and we'll introduce you

2041to one of our network associates.

2047And, if we can't do it online-we have a toll

2057free number to call and we'll do our best to

2067be helpful.

2069Isn’t it time to take GetAutoInsurance.com

2075for a test drive? It’s simple – enter your

2084zip code above and we’ll show you the

2092roadmap to low cost, quality auto insurance.

209922. While on the homepage, Jordan entered a Florida zip

2109code and pressed start quote. She followed the prompts that

2119appeared on each succeeding webpage and was able to complete an

2130application for health insurance as a Florida resident. Jordan

2139also obtained an online health insurance quote, which provided

2148her an offer to enter into a given insurance contract at a given

2161price, for that policy. Jordan did not provide a credit card

2172number to complete the application and obtain a policy.

218123. Subsequently, Jordan received a United Healthcare

2188letter by email dated October 9, 2008, with an application for

2199health insurance. The letter stated:

2204Thank you for choosing eHealthInsurance to

2210assist you with your health insurance

2216purchase.

2217To date we have helped more than a million

2226people obtain health insurance for

2231themselves and their families, and we are

2238very qualified and ready to assist you.

2245Enclosed you will find the application you

2252submitted on our website along with a

2259checklist to help you complete your

2265application. Please follow the checklist

2270and return your application and any

2276necessary payment to eHealthInsurance. Upon

2281receipt, we will process your application

2287and forward it to your chosen health

2294insurance carrier for review. . .

2300* * *

2303You can log into our website

2309( www.ehealthinsuranc.com ) as a “Returning

2315Customer” at any time to view the benefits

2323you have chosen and also check the status of

2332your application. . .

2336The signature block of the letter read:

2343Gary Matalucci

2345Vice President of Customer Care

2350eHealthInsurance Services

2352Florida License No. L049392

235624. The attached application identified the carrier as

2364Golden Rule Insurance Company. Robert S. Hurley,

2371eHealthInsurance Services, Inc., is listed as the “Licensed

2379Broker,” Broker No. 2668300 and Florida Agent No. E133984. But

2390for Jordan going the www.GetAutoInsurance.com website, she would

2398not have had contact with the two Florida licensees.

240725. On May 11, 2006, Campos filed a Petition for

2417Termination of Restriction and Prohibition of the Removal Order

2426with the Department. He sought to be eligible for licensure

2436under the Florida Insurance Code and/or affiliated with a

2445Florida licensee. On April 2, 2008, by letter the Department

2455denied Campos' petition based on its determination that Campos

2464was not fit or trustworthy for licensure in Florida. The

2474Department used numerous representative examples for the basis

2482of its denial decision.

248626. On or about November 13, 2008, the undersigned granted

2496the Department's Motion for Leave to Amend the Department's

2505April 2, 2008, denial letter. The amendment provides the

2514following additional ground for denial:

2519Despite being removed, by the Department's

2525January 12, 2995 Final Order, from the

2532affairs of Petty & Company, a premium

2539finance company at all relevant times

2545licensed by the Florida Department of

2551Insurance, you, Alex J. Campos, through

2557execution of and performance under that

2563certain Agreement between Perry & company

2569and AJC Consulting, Inc., dated May 1, 1996,

2577and accompanying addenda dated May 1, 1998,

2584did participate in the affairs of Perry &

2592Company, contrary to the prohibitions and

2598restrictions of the Department's Final Order

2604dated January 12, 1995.

260827. Prior to the hearing, the parties narrowed the issues

2618to three as the grounds of denial of Campos’ petition: (1)

2629Campos violated the 1995 Final Order by entering into a

2639subsequent consulting agreement with Perry & Co., then a Florida

2649licensed premium finance company; (2) Campos' involvement with

2657KIT violated the 1995 Final Order because KIT had previously

2667applied for and received a Florida managing general's agent's

2676license; and (3) Campos through his ownership and involvement in

2686GetAutoInsurance.com transacted insurance business from Florida

2692residents without proper licensure.

2696Campos' Character

269828. Campos is a self-educated business entrepreneur with

2706expertise in computer information systems. He has been involved

2715in the insurance industry since 1988. He recognizes the need

2725for companies to be well-capitalized and to operate within its

2735means.

273629. Since the 2001 Consent Order, Campos has focused his

2746business predominately in Texas. He ran All American General

2755Agency in Texas with Dick Perry and Jack Perry. 3 All American

2767General Agency is not active today. Campos also owns One World

2778Mortgage Corporation that has a mortgage license in Florida.

278730. Campos testified that since the effective date of the

27971995 Final Order, he believes he has acted within the law and

2809within the spirit of the Removal Order.

281631. Mr. White testified that Perry & Co. and Campos

2826managed the premium finance companies properly while he

2834developed TIG's non-standard automobile insurance line out of

2842Texas. He explained that out of all the hundreds of premium

2853finance companies he had dealt with over the years that Perry &

2865Co. and Campos "did it the way it was supposed to be done." He

2879further testified that Campos told him up front about his

2889problems in Florida and his association with First Miami.

289832. White was so pleased with Campos' services that he

2908hired Campos' company, PC Group, to run his managing general

2918agency, which Campos was still operating at the time of the

2929hearing. White hasn't had any complaints about Campos and

2938thinks Campos is known for the "best system out there."

294833. Mr. Parrillo has known Campos for 15 years. He has

2959not had any business transactions with Campos. However, in his

2969personal experience of dealing with Campos, he has never had any

2980problems.

298134. Mr. Lidsky testified that he knows Campos because he

2991has been a close friend of his father's for a number of years

3004and a business associate. Lidsky and his wife started a

3014nonprofit charitable organization, Hope for Vision, which raises

3022funds for retinal degenerative disease research. Campos has

3030been generous in his contributions and fundraising for the

3039organization since its formation and has volunteered his time.

3048CONCLUSIONS OF LAW

305135. The Division of Administrative Hearings has personal

3059and subject matter jurisdiction in this proceeding pursuant to

3068Sections 120.569 and 120.57(1), Florida Statutes (2009).

307536. Because Petitioner has petitioned to terminate the

3083Removal Order, he bears the ultimate burden of proving, by a

3094preponderance of the evidence, that he is qualified and should

3104be granted the privilege for which he has applied. See

3114Department of Banking and Finance Division of Securities and

3123Investor Protection v Osborne Stern and Company , 670 So. 2d 932,

3134934 (Fla. 1996); and Haines v Department of Children and

3144Families , 983 So. 2d 602, 605 (5th DCA 2008) (An agency has

3156broad discretion in determining the fitness of applicants who

3165seek to engage in an occupation the conduct which is a privilege

3177rather than a right.).

318137. This is a de novo proceeding for the purpose of

3192formulating agency action, and not to determine whether the

3201agency's decision was correct at the time that it made the

3212decision, but to determine whether the Department's expressed

3220allegations and concerns for Petitioner's denial are valid.

322838. Petitioner asserts that after his removal from his

3237position at Perry & Co. he has not had any ownership interest in

3250any Florida licensee, rendered any opinions to any Florida

3259licensee, nor engaged in any insurance transactions in Florida.

326839. Petitioner presented his employment history and the

3276testimony of White and Parrillo to attest to his character and

3287reputation in the insurance industry since the 1995 Removal

3296Order. Lidsky also testified as a character witness to

3305establish that Campos has a generous nature and participates in

3315philanthropic activities. The character evidence presented was

3322not compelling enough to demonstrate to the undersigned that

3331Campos is now fit and trustworthy to be relicensed by the

3342Department, especially in light of the seriousness of his

3351violations of Florida law which gave rise to the 1995 Final

3362Order and the 2001 Consent Order.

336840. The Department also contends that Campos has not

3377complied with all the terms and conditions of the 1995 Final

3388Order and 2001 Consent Order prohibiting his participation in

3397the affairs of any Florida licensee. "Participate" is defined in

3407the American Heritage Dictionary, Second College Edition as "to

3416take part; join or share with others." American Heritage

3425defines "affairs" as "business." The evidence establishes that

3433Campos' management functions and administrative services

3439including policy processing under the "Company Management

3446Agreement" were actions that both had a part and shared in the

3458business of KIT. Petitioner further participated in KIT's

3466business affairs by serving as the manager and trustee when

3476signing KIT's Bankruptcy Petition.

348041. Campos' testimony that his understanding that KIT's

"3488N/A" listing for the expiration date meant not active was not

3499convincing and did not excuse Campos from his prohibition under

3509the Removal Order. Further, after being given a "license by

3519state document" that specifically listed Florida, Campos failed

3527to make any effort to contact the Department to check on KIT's

3539licensure status. The request of the status from KIT's

3548president was not due diligence with Campos' controversial

3556history with the Department. Moreover, the Perry & Co. case was

3567similar to KIT's and Campos had been specifically forewarned as

3577recent as the 2001 Consent Order to request written permission

3587from the Department when dealing with a Florida licensee. The

3597record is clear that KIT obtained a Florida license in 2005 and

3609Campos started participating in the business affairs of the

3618Florida licensee, KIT, in 2006.

362342. The Department also denied Campos' Petition based on

3632his management and operation of www.GetAutoInsurance.com.

363843. Section 624.10, Florida Statutes (2008), provides in

3646pertinent part:

3648ansacting insurance. --"Transact" with

3653respect to insurance includes any of the following, in

3662addition to other applicable provisions of this code:

3670(1) Solicitation or inducement.

3674(2) Preliminary negotiations.

3677(3) Effectuation of a contract of insurance.

3684(4) Transaction of matters subsequent to effectuation

3691of a contract of insurance and arising out of it.

370144. Section 626.112, Florida Statutes, (2008), provides in

3709pertinent part:

3711626.112 License and appointment required;

3716agents, customer representatives, adjusters,

3720insurance agencies, service representatives,

3724managing general agents. --

3728(1)(a) No person may be, act as, or

3736advertise or hold himself or herself out to

3744be an insurance agent, insurance adjuster,

3750or customer representative unless he or she

3757is currently licensed by the department and

3764appointed by an appropriate appointing

3769entity or person.

3772(b) Except as provided in subsection (6) or

3780in applicable department rules, and in

3786addition to other conduct described in this

3793chapter with respect to particular types of

3800agents, a license as an insurance agent,

3807service representative, customer

3810representative, or limited customer

3814representative is required in order to

3820engage in the solicitation of insurance. For

3827purposes of this requirement, as applicable

3833to any of the license types described in

3841this section, the solicitation of insurance

3847is the attempt to persuade any person to

3855purchase an insurance product by:

38601. Describing the benefits or terms of

3867insurance coverage, including premiums or

3872rates of return;

38752. Distributing an invitation to contract

3881to prospective purchasers;

38843. Making general or specific

3889recommendations as to insurance products;

38944. Completing orders or applications for

3900insurance products;

39025. Comparing insurance products, advising

3907as to insurance matters, or interpreting

3913policies or coverages; or

39176. Offering or attempting to negotiate on

3924behalf of another person a viatical

3930settlement contract as defined in s.

3936626.9911.

393745. The Department argues that Petitioner illegally

3944solicited insurance by distributing an invitation to contract

3952for insurance online to Jordan and other Florida residents who

3962had unrestricted access to Petitioner's website

3968GetAutoInsurance.com. The Department's position is that the

3975website is transacting insurance when it attracts members of the

3985public interested in insurance to go on Petitioner's website,

3994and get passed on for a $5.00 fee, to an insurer interested in

4007selling insurance pursuant to Section 626.112(1)(b), Florida

4014Statutes.

401546. In support of this argument, the Department cites

4024National Fed. of Ret. Per. v Dept. of Ins. , 553 So. 2d 1289

4037(Fla. 1st DCA 1989). The court held that inviting prospective

4047members to inquire further about supplemental Medicare insurance

4055by providing an informational pamphlet constituted unlicensed

4062transacting of insurance through solicitation and inducement, in

4070violation of insurance laws. Id.

407547. Petitioner describes his website as a portal that only

4085generates insurance leads for agents and carriers who are

4094authorized to transact insurance. Campos further considers the

4102website a referral that does not require licensing under Section

4112626.112(8), Florida Statutes (2008).

411648. Both the Department and Campos have merit in their

4126positions regarding GetAutoInsurance.com. However, the

4131undersigned is convinced that the Department's position is more

4140persuasive in that it is more aligned with the plain or ordinary

4152definitions of "solicitation" and "inducement."

415749. "Solicit" is defined in American Heritage as to

"4166entice," which is defined as "to attract by arousing hope or

4177desire." American Heritage also defines "induce" as "to lead"

4186or "to bring about the occurrence of; cause."

419450. By reading Section 624.10(1), Florida Statutes, alone

4202as a matter of law, it is clear that the facts of this matter

4216come within the plain meaning of "solicitation" and

"4224inducement." Creating GetAutoInsurance.com and putting up the

4231website on the internet is distribution in and of itself and the

4243Petitioner would not have had the website if he was not

4254attempting to attract people to it for a purpose. And, with the

4266website, Petitioner is inviting interested people to get a

4275quote, which leads to an insurance contract.

428251. Moreover, specific language on the home page even

4291entices the potential customers to action as an inducement with

4301terms such as "And our service doesn't stop at a sale. We're

4313here for you when you need to make a change in your policy or

4327coverage. And, unlike others, if you have a claim, we're here

4338to help there too. . ." (Emphasis added). Since, all zip code

4350entries forward the customers to another website, it is the

4360homepage of GetAutoInsurance that attracts and serves as a

4369drawing force inviting or inducing potential customers to start

4378the process of getting insurance. Moreover, but for

4386GetAutoInsurance.com making available and connecting Jordan to

4393United Healthcare and eHealthinsurance Jordan would not have had

4402contact with the two Florida licensees.

440852. The record demonstrates Petitioner has also failed to

4417meet his burden to show that he performed his duties in all

4429business undertakings without reproach. Instead, the evidence

4436establishes that Campos' actions continue to violate the 1995

4445Removal Order and Petitioner has not been rehabilitated and

4454reformed as to now be deemed fit and trustworthy of licensure by

4466the Department.

4468RECOMMENDATION

4469Based on the foregoing Findings of Fact and Conclusions of

4479Law, it is RECOMMENDED the Department of Financial Services

4488enter a final order finding that Alex Campos violated the terms

4499of a 1995 Removal Order entered by the Department of Financial

4510Services and denying his Petition to Terminate the Restriction

4519and Prohibition.

4521DONE AND ENTERED this 18th day of September, 2009, in

4531Tallahassee, Leon County, Florida.

4535JUNE C. McKINNEY

4538Administrative Law Judge

4541Division of Administrative Hearings

4545The DeSoto Building

45481230 Apalachee Parkway

4551Tallahassee, Florida 32399-3060

4554(850) 488-9675 SUNCOM 278-9675

4558Fax Filing (850) 921-6847

4562www.doah.state.fl.us

4563Filed with the Clerk of the

4569Division of Administrative Hearings

4573this 18th day of

4577ENDNOTE

45781 A license issued by the Department is a separate and distinct

4590privilege independent of an insurance carrier's appointment.

4597Section 616.15(9), Florida Statutes(2005), provides:

4602(9) "License" means a document issued by the

4610department or office authorizing a person to be

4618appointed to transact insurance or adjust claims for

4626the kind, line, or class of insurance identified in

4635the document.

46372 The agreement defines unique visitor quote as "the aggregate

4647of all quotes provided by Esurance to a unique visitor who has

4659come to Esurance site through a link on

4667[www.GetAutoInsurance.com]."

46683 Campos testified that Jack Perry is the same individual that

4679he worked with in the Perry & Co. case which resulted in the

46922001 Consent Order. He testified that he became president of

4702the company again after the company surrendered its license to

4712Florida.

4713COPIES FURNISHED :

4716Mary K. Surles, Esquire

4720Department of Financial Services

4724200 East Gaines Street

4728Tallahassee, Florida 32399

4731Amy L. Koltnow, Esquire

4735Colodny, Fass, Talenfeld

4738Karlinsky & Abate, P.A.

4742One Financial Plaza, 23rd Floor

4747100 Southeast Third Avenue

4751Fort Lauderdale, Florida 33394

4755Michael Davidson, Esquire

4758Department of Financial Services

4762612 Larson Building

4765200 East Gaines Street

4769Tallahassee, Florida 32399

4772Alex Sink, Chief Financial Officer

4777Department of Financial Services

4781The Capitol, Plaza Level 11

4786Tallahassee, Florida 32399-0300

4789Benjamin Diamond, General Counsel

4793Department of Financial Services

4797The Capitol, Plaza Level 11

4802Tallahassee, Florida 32399-0300

4805Tracey Beal, Agency Clerk

4809Department of Financial Services

4813200 East Gaines Street

4817Tallahassee, Florida 32399-0390

4820NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

4826All parties have the right to submit written exceptions within

483615 days from the date of this recommended order. Any exceptions

4847to this recommended order should be filed with the agency that

4858will issue the final order in this case.

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PDF
Date
Proceedings
PDF:
Date: 12/16/2009
Proceedings: Agency Final Order
PDF:
Date: 12/16/2009
Proceedings: Agency Final Order filed.
PDF:
Date: 09/18/2009
Proceedings: Recommended Order
PDF:
Date: 09/18/2009
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 09/18/2009
Proceedings: Recommended Order (hearing held March 10-11, 2009). CASE CLOSED.
PDF:
Date: 07/13/2009
Proceedings: Petitioner's Proposed Recommended Order filed.
PDF:
Date: 07/10/2009
Proceedings: Department's Proposed Recommended Order filed.
PDF:
Date: 07/06/2009
Proceedings: Order Granting Extension of Time (proposed recommended orders to be filed by July 10, 2009).
PDF:
Date: 07/02/2009
Proceedings: Petitioner's Unopposed Motion for Enlargement of Time to File Proposed Recommended Order filed.
PDF:
Date: 05/19/2009
Proceedings: Order Granting Extension of Time (proposed recommended orders to be filed by July 6, 2009).
PDF:
Date: 05/15/2009
Proceedings: Department`s Response to Petitioner`s Motion for an Enlargement of Time to File Proposed Recommended Order filed.
PDF:
Date: 05/08/2009
Proceedings: Petitioner`s Motion for Enlargement of Time to File Proposed Recommended Order filed.
Date: 04/08/2009
Proceedings: Transcript (Volumes II&III) filed.
Date: 04/02/2009
Proceedings: Transcript filed.
PDF:
Date: 03/23/2009
Proceedings: Notice of Filing Addendum to Respondents Exhibits from Formal Hearing filed.
PDF:
Date: 03/16/2009
Proceedings: Notice of Filing Depositions from Formal Hearing filed.
PDF:
Date: 03/16/2009
Proceedings: Notice of Filing, Petitioner`s Exhibits Nos. through 21 (exhibits not available for viewing) filed.
PDF:
Date: 03/16/2009
Proceedings: Notice of Filing Respondent`s Exhibits From Formal Hearing filed.
Date: 03/10/2009
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 03/09/2009
Proceedings: Supplemental Authority in Support of Motion for Clarification/Reconsideration and Request for Specific Findings of Fact and Law filed.
PDF:
Date: 03/06/2009
Proceedings: Order Granting the Department`s Motion in Limine and Denying Petitioner`s Cross-Motion in Limine.
PDF:
Date: 03/06/2009
Proceedings: Petitioner`s Amended Witness and Exhibit List filed.
PDF:
Date: 03/06/2009
Proceedings: Motion for Clarification and/or Reconsideration of Order Granting the Department`s Motion in Limine and Denying Petitioner`s Cross-motion in Limine and Request for Oral Argument at the Hearing filed.
PDF:
Date: 03/05/2009
Proceedings: Respondent Department of Financial Services` Reply to Petitioner Campos` Response to Department`s Motion in Limine filed.
PDF:
Date: 03/04/2009
Proceedings: Petitioner`s Response to Department`s Motion in Limine and Petitioner`s Cross-Motion in Limine (with attachments) filed.
PDF:
Date: 03/04/2009
Proceedings: Petitioner`s Response to Department`s Motion in Limine and Petitioner`s Cross-motion in Limine filed.
PDF:
Date: 03/04/2009
Proceedings: Notice of Taking Deposition filed.
PDF:
Date: 03/04/2009
Proceedings: Prehearing Stipulation filed.
PDF:
Date: 03/04/2009
Proceedings: Notice of Taking Deposition (of D. Sumner) filed.
PDF:
Date: 03/02/2009
Proceedings: Notice of Filing (supplmenting documents to Respondent`s Motion in Limine) filed.
PDF:
Date: 02/27/2009
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for March 5, 2009; 10:00 a.m.).
PDF:
Date: 02/26/2009
Proceedings: Order Granting Motion to Take Official Recognition.
PDF:
Date: 02/25/2009
Proceedings: Amended Notice of Hearing (hearing set for March 10 and 11, 2009; 9:00 a.m.; Fort Lauderdale, FL; amended as to Dates of Hearing).
PDF:
Date: 02/25/2009
Proceedings: Petitioner`s Response to Respondent`s Third Request for Production filed.
PDF:
Date: 02/20/2009
Proceedings: Department of Financial Services` Motion in Limine filed.
PDF:
Date: 02/20/2009
Proceedings: Motion to Take Official Recognition filed.
PDF:
Date: 02/19/2009
Proceedings: Notice of Taking Deposition (of D. Silverman) filed.
PDF:
Date: 02/03/2009
Proceedings: Motion to Reduce Time to Produce filed.
PDF:
Date: 02/02/2009
Proceedings: Petitioner`s Notice of Service of Amended Answers to Respondent`s Second Set of Interrogtories to Petitioner filed.
PDF:
Date: 01/27/2009
Proceedings: Amended Notice of Hearing (hearing set for March 9 through 12, 2009; 9:00 a.m.; Fort Lauderdale, FL; amended as to dates for hearing).
PDF:
Date: 01/23/2009
Proceedings: Order Granting Motion to Compel.
PDF:
Date: 01/07/2009
Proceedings: Department`s Motion to Compel Answers to its Second Set of Interrogatories to Campos filed.
PDF:
Date: 12/24/2008
Proceedings: Petitioner`s Notice of Service of Answers to Respondent`s Second Set of Interrogatories to Petitioner filed.
PDF:
Date: 12/19/2008
Proceedings: Order Denying Motion to Compel.
PDF:
Date: 12/19/2008
Proceedings: Respondent`s Answer to Petition for Hearing filed.
PDF:
Date: 12/17/2008
Proceedings: Respondent`s Response to Peitioner`s Motion to Compel Better Answers to Petitioner`s First Request for Admissions filed.
PDF:
Date: 12/15/2008
Proceedings: Petitioner`s Third Set of Interrogatories to Department of Financial Services filed.
PDF:
Date: 12/15/2008
Proceedings: Petitioner`s Second Request for Admissions filed.
PDF:
Date: 12/12/2008
Proceedings: Motion to Compel Better Answers to Petitioner`s First Request for Admissions filed.
PDF:
Date: 11/14/2008
Proceedings: Petitioner`s Third Request for Production of Documents to Respondent, Department of Financial Services filed.
PDF:
Date: 11/13/2008
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for March 10 through 13, 2009; 9:00 a.m.; Fort Lauderdale, FL).
PDF:
Date: 11/13/2008
Proceedings: Order Denying Motion to Limit Introduction of Evidence at Administrative Hearing and Granting Respondent Department of Financial Services` Motion for Leave to Amend.
Date: 11/12/2008
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 11/07/2008
Proceedings: Petitioner`s Response to Respondent`s Second Request for Production filed.
PDF:
Date: 11/07/2008
Proceedings: Notice of Compliance with Court`s November 5, 2008 Discovery Order filed.
PDF:
Date: 11/07/2008
Proceedings: Respondent Department of Financial Services` Motion for Leave to Amend, and Response to Petitioner`s Motion to Limit Introduction of Evidence filed.
PDF:
Date: 11/06/2008
Proceedings: Motion to Limit Introduction of Evidence at Administrative Hearing filed.
PDF:
Date: 11/05/2008
Proceedings: Order Granting Motion to Reduce Time to Produce.
PDF:
Date: 11/03/2008
Proceedings: Notice of Taking Telephonic Deposition filed.
PDF:
Date: 10/23/2008
Proceedings: Motion to Reduce Time to Produce filed.
PDF:
Date: 10/22/2008
Proceedings: Notice of Taking Telephonic Deposition filed.
PDF:
Date: 10/21/2008
Proceedings: Re Notice of Taking Deposition filed.
PDF:
Date: 10/14/2008
Proceedings: Petitioner`s Response to Respondent`s First Request for Admissions filed.
PDF:
Date: 10/14/2008
Proceedings: Petitioner`s Response to Respondent`s First Request for Production filed.
PDF:
Date: 10/14/2008
Proceedings: Petitioner`s Notice of Service of Answers to Respondent`s First Set of Interrogatoris to Petitioner filed.
PDF:
Date: 10/14/2008
Proceedings: Petitioner`s Second Request for Production of Documents to Respndent, Department of Financial Services filed.
PDF:
Date: 10/14/2008
Proceedings: Petitioner`s First Request for Admissions filed.
PDF:
Date: 10/14/2008
Proceedings: Notice of Service of Petitioner`s Second Set of Interrogatories to Department of Financial Services filed.
PDF:
Date: 10/14/2008
Proceedings: Petitioner`s Second Set of Interrogatories to Department of Financial Services filed.
PDF:
Date: 10/10/2008
Proceedings: Re Notice of Taking Deposition filed.
PDF:
Date: 10/03/2008
Proceedings: Notice of Taking Telephonic Deposition (of M. Klein) filed.
PDF:
Date: 10/03/2008
Proceedings: Notice of Taking Telephonic Deposition (of R. Redican) filed.
PDF:
Date: 10/02/2008
Proceedings: Order Denying Motion for Clarification.
PDF:
Date: 10/01/2008
Proceedings: Motion for Clarification filed.
PDF:
Date: 10/01/2008
Proceedings: Notice of Appearance (filed by Michael Davidson) filed.
PDF:
Date: 10/01/2008
Proceedings: Re-notice of Taking Deposition Duces Tecum (of Corporate Representative of the Department of Financial Services and K. Chandler) filed.
PDF:
Date: 09/30/2008
Proceedings: Notice of Taking Telephonic Deposition (of F. Silverthorn) filed.
PDF:
Date: 09/30/2008
Proceedings: Notice of Taking Telephonic Deposition (of P. McDonnell) filed.
PDF:
Date: 09/30/2008
Proceedings: Order (Motion to Enlarge the Number of Requests for Admissions is granted; Motion for Enlargement of Time to Respond to Discovery is granted; Motion for Rehearing is granted).
Date: 09/30/2008
Proceedings: CASE STATUS: Motion Hearing Partially Held; continued to date not certain.
PDF:
Date: 09/29/2008
Proceedings: Petitioner`s Response to the Department`s Motion for Rehearing filed.
PDF:
Date: 09/26/2008
Proceedings: Notice of Taking Telephonic Deposition filed.
PDF:
Date: 09/25/2008
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for September 30, 2008; 10:00 a.m.).
PDF:
Date: 09/25/2008
Proceedings: Notice of Taking Telephonic Deposition filed.
PDF:
Date: 09/25/2008
Proceedings: Motion for Enlargement of Time to Respond to Discovery filed.
PDF:
Date: 09/23/2008
Proceedings: Motion for Rehearing filed.
PDF:
Date: 09/22/2008
Proceedings: Motion to Take Telephonic Depositions filed.
PDF:
Date: 09/18/2008
Proceedings: Order Granting Petitioner`s Motion to Compel Answers to Interrogatories.
Date: 09/17/2008
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 09/16/2008
Proceedings: Re-notice of Telephonic Hearing filed.
Date: 09/15/2008
Proceedings: CASE STATUS: Motion Hearing Partially Held; continued to September 17, 2008; 9:30 a.m.
PDF:
Date: 09/11/2008
Proceedings: Petitioner`s Motion to Compel Answers to Interrogatories filed.
PDF:
Date: 09/11/2008
Proceedings: Notice of Telephonic Hearing filed.
PDF:
Date: 09/10/2008
Proceedings: Amended Motion to Enlarge the Number of Requests for Admissions filed.
PDF:
Date: 09/09/2008
Proceedings: Petitioner`s Motion to Compel Answers to Interrogatories filed.
PDF:
Date: 09/05/2008
Proceedings: Re-Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 09/04/2008
Proceedings: Amended Notice of Taking Deposition filed.
PDF:
Date: 09/02/2008
Proceedings: Order Re-scheduling Hearing (hearing set for November 18 through 21, 2008; 9:00 a.m.; Fort Lauderdale, FL).
Date: 09/02/2008
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 08/22/2008
Proceedings: Motion to Enlarge the Number of Requests for Admissions filed.
PDF:
Date: 08/21/2008
Proceedings: Notice of Service of Respondent`s First Set of Interrogatories to Alex J. Campos filed.
PDF:
Date: 08/20/2008
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for November 4 through 7, 2008; 9:00 a.m.; Fort Lauderdale, FL).
PDF:
Date: 08/20/2008
Proceedings: Amended Notice of Taking Deposition filed.
PDF:
Date: 08/20/2008
Proceedings: Notice of Taking Deposition filed.
PDF:
Date: 08/18/2008
Proceedings: Joint Motion for Continuance filed.
PDF:
Date: 08/11/2008
Proceedings: Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 08/06/2008
Proceedings: Joint Stipulation as to Evidence and Finding of Facts filed.
PDF:
Date: 07/22/2008
Proceedings: Order Denying Motion to Relinquish Jurisdiction.
Date: 07/21/2008
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 07/18/2008
Proceedings: Petitioner`s First Set of Interrogatories to Department of Financial Services filed.
PDF:
Date: 07/18/2008
Proceedings: Notice of Service of Petitioner`s First Set of Interrogatories to Department of Financial Services filed.
PDF:
Date: 07/17/2008
Proceedings: Petitioner`s First Request for Production of Documents to Respondent, Department of Financial Services filed.
PDF:
Date: 07/16/2008
Proceedings: Response to Department`s Motion to Relinquish Jurisdiction filed.
PDF:
Date: 07/02/2008
Proceedings: Motion to Relinquish Jurisdiction filed.
PDF:
Date: 07/02/2008
Proceedings: Notice of Appearance filed.
PDF:
Date: 06/23/2008
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 06/23/2008
Proceedings: Notice of Hearing (hearing set for September 23 through 26, 2008; 9:00 a.m.; Fort Lauderdale, FL).
PDF:
Date: 05/20/2008
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 05/12/2008
Proceedings: Initial Order.
PDF:
Date: 05/09/2008
Proceedings: Petition for Termination of Restriction and Prohibition filed.
PDF:
Date: 05/09/2008
Proceedings: Notice of Denial filed.
PDF:
Date: 05/09/2008
Proceedings: Petition for Hearing filed.
PDF:
Date: 05/09/2008
Proceedings: Agency referral filed.

Case Information

Judge:
JUNE C. MCKINNEY
Date Filed:
05/09/2008
Date Assignment:
06/19/2008
Last Docket Entry:
12/16/2009
Location:
Fort Lauderdale, Florida
District:
Southern
Agency:
ADOPTED IN TOTO
 

Counsels

Related DOAH Cases(s) (3):

Related Florida Statute(s) (8):