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

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.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALEX J. CAMPOS, )

)

Petitioner, )

)

vs. ) Case No. 08-2246

)

DEPARTMENT OF FINANCIAL )

SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

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

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

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

Judge of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Joel Fass, Esquire

Amy Koltnow, Esquire

One Financial Plaza 23rd Floor

100 Southeast 3rd Avenue

Ft. Lauderdale, Florida 33394

For Respondent: Mary K. Surles, Esquire

Michael H. Davidson, Esquire

Florida Department of Financial Services

200 East Gaines Street

Room 624 Larson Building

Tallahassee, Florida 32399-0333

STATEMENT OF THE ISSUE

Whether Campos' Petition for Termination of Restriction and

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

granted because Campos has demonstrated that he is

rehabilitated, fit, and trustworthy to have those restrictions

lifted.

PRELIMINARY STATEMENT

On April 2, 2008, the Department of Financial Services

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

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

Restriction and Prohibition. Petitioner timely requested an

administrative hearing regarding the Department's action. On

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

to the Division of Administrative Hearings to conduct a formal

hearing.

The undersigned granted the Department's Motion in Limine

in Support of the Doctrine of Collateral Estoppel. The

undersigned's ruling precluded the relitigation of the issues

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

May 7, 2001, Consent Order.

At the final hearing, Petitioner testified on his own

behalf and presented the testimony of Steve Malono, Esquire;

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

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

Issac Linsky, Staff Attorney for the United States Justice

Department and close friend (through deposition testimony).

Petitioner offered Exhibits 1 through 21, which were received

into evidence.

Respondent presented the testimony of one witness,

Department Investigator, Susan Jordan. Respondent's Exhibits

numbered 1 through 3 were admitted into evidence. The parties

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

excerpts and selected exhibits from the depositions of Peter

McDonnell, Raylene Blocker, Frances Silverthorn, Robert Redican,

and Roxanne Rehm, which were received into evidence.

Official recognition was taken of the Department's

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

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

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

1999, In the Matter of Proposed Acquisition of 100 percent of

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

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

Proposed Acquisition of 100 percent of the Outstanding Stock of

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

DOAH Case No. 99-2918.

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

parties requested that the proposed recommended order deadline

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

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

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

agreement at the hearing, proposed recommended orders were to be

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

Motion for Enlargement of Time to file proposed recommended

orders until July 6, 2009. Petitioner requested a second

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

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

orders. Respondent filed a timely proposed recommended order.

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

2009. Respondent did not object to the late filing of

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

filed. Both parties' proposed recommended orders have been

considered in this matter.

FINDINGS OF FACT

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

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

Mr. Campos based on allegations of misconduct while an officer

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

company. As a result of that investigation, the DOI

subsequently sought an order removing, restricting, or

prohibiting Campos from participating in the affairs of Perry &

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

company, pursuant to Section 624.310, Florida Statutes.

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

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

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

him from thereafter participating in the affairs of any entity

licensed under the Florida Insurance Code. The pertinent

language of the Removal Order stated:

. . .the Respondent shall forthwith CEASE

any participation in the affairs of any

entity licensed , as that term is defined in

Section 120.52(9), Florida Statutes, under

the Florida Insurance Code, and is

PROHIBITED from engaging in such activities.

(Emphasis added).

* * *

The Respondent is not eligible for

reelection or appointment to any official

position to any licensee in this state

except upon the written consent of the

Department.

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

upheld by the First District Court of Appeal and became

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

of its mandate.

2001 Consent Order

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

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

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

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

all times up until about March 7, 2001.

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

approval to change ownership and control of the company. During

the application process, the Department discovered Campos had

business activities with Perry & Co.

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

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

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

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

upon the issuance of a Consent Order that prohibited Campos from

participating in the affairs of Perry & Co. or exercising

control over Perry & Co.

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

2001, was issued requiring Perry & Co. to surrender its Florida

license. It further stated that pursuant to the 1995 Final

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

of any such administrative services unless authorized to do so

by subsequent Order of the Department.”

8. From 1995 until present Alex Campos was president and

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

he has engaged in regulated business throughout the United

States and has been licensed in several capacities in other

jurisdictions.

Kenneth I. Tobey, Inc.

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

Oregon and Washington as a licensed managing general agency. On

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

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

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

agent license became valid upon issuance. 1

10. While Campos was considering the purchase of KIT in

2006, he became aware of the fact that a Florida non-resident

managing general agent license had been issued to KIT by the

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

Campos a document identified as “license by state.”

Approximately 11 states were listed with the license number and

expiration date on the document. Corresponding to Florida was

the following information:

State License Number Expiration Date Notes

Florida P007036 N/A Managing

. General Agent

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

Expiration Date column. The other states had dates except two

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

failed to contact the Department to inquire about the status of

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

Campos testified unconvincingly that he understood the N/A meant

not active.

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

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

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

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

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

With the agreement, he took over the management functions and

administrative services, which included, but were not limited

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

calls, and the cash processing type transactions of KIT.

13. KIT maintained no office in Florida, conducted no

insurance business in Florida, and was never appointed as a

managing general agent for any carrier or licensee in the state

of Florida.

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

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

Washington and Oregon offices through the "Company Management

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

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

was filed. Soon thereafter, Petitioner was removed and replaced

with an independent trustee since he also served in the capacity

as a creditor.

15. Campos neither requested nor obtained written consent

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

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

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

affairs.

GetAutoInsurance.com

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

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

That entity is the registered owner of the domain name

“GetAutoInsurance.com.”

17. Campos maintained and operated the internet website.

Petitioner entered into contracts with different companies

throughout the country that provide insurance products.

GetAutoInsurance.com partners with the companies that are

licensed insurance agencies. The website provides technology

that allows each partner to market and distribute insurance via

the internet.

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

the GetAutoInsurance.com World Wide Web address and then the

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

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

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

customer. Florida customers are neither restricted from using

the GetAutoInsurance.com website nor from getting quotes for

insurance from Florida partner companies.

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

Master agreement between GetAutoInsurance.com and Esurance Inc.

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

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

Market Master Agreement neither restricted the kinds of

insurance products Campos could be compensated for by soliciting

on behalf of Esurance via GetAutoInsurance.com nor limited the

customers to those outside of Florida.

20. Under the general provision section, the Marketing

Master Agreement provides:

Esurance and [GetAutoInsurance.com LLC]

recognize and agree that both Parties are

operating independently and neither party

shall be construed as an agent, partner or

joint venture of the other Party.

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

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

website did not describe policy benefits or coverage terms,

quote premiums for insurance products or provide assistance to

customers with completing insurance applications on its

homepage. However, the homepage did state:

* * *

When you’re driven to buy auto insurance, or

maybe just to make sure you’re getting the

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

internet highway instead. . . .

You have already taken the on ramp to get

here and now you are really just a few

minutes away from competitive quotes, no

matter where you live. Getting quotes with

GetAutoInsurance.com is the fast, easy and

no cost way that you can do anytime or

anywhere.

The professionals at GetAutoInsurance.com

have been meeting the Insurance needs of

thousands of customers nationwide for years

and we can do the same for you. And our

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

here for you when you need to make a change

to your policy or coverage. And, unlike

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

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

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

need to do is steer your computer to

GetAutoInsurance.com and we'll introduce you

to one of our network associates.

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

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

be helpful.

Isn’t it time to take GetAutoInsurance.com

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

zip code above and we’ll show you the

roadmap to low cost, quality auto insurance.

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

code and pressed start quote. She followed the prompts that

appeared on each succeeding webpage and was able to complete an

application for health insurance as a Florida resident. Jordan

also obtained an online health insurance quote, which provided

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

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

number to complete the application and obtain a policy.

23. Subsequently, Jordan received a United Healthcare

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

health insurance. The letter stated:

Thank you for choosing eHealthInsurance to

assist you with your health insurance

purchase.

To date we have helped more than a million

people obtain health insurance for

themselves and their families, and we are

very qualified and ready to assist you.

Enclosed you will find the application you

submitted on our website along with a

checklist to help you complete your

application. Please follow the checklist

and return your application and any

necessary payment to eHealthInsurance. Upon

receipt, we will process your application

and forward it to your chosen health

insurance carrier for review. . .

* * *

You can log into our website

( www.ehealthinsuranc.com ) as a “Returning

Customer” at any time to view the benefits

you have chosen and also check the status of

your application. . .

The signature block of the letter read:

Gary Matalucci

Vice President of Customer Care

eHealthInsurance Services

Florida License No. L049392

24. The attached application identified the carrier as

Golden Rule Insurance Company. Robert S. Hurley,

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

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

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

not have had contact with the two Florida licensees.

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

Termination of Restriction and Prohibition of the Removal Order

with the Department. He sought to be eligible for licensure

under the Florida Insurance Code and/or affiliated with a

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

denied Campos' petition based on its determination that Campos

was not fit or trustworthy for licensure in Florida. The

Department used numerous representative examples for the basis

of its denial decision.

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

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

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

following additional ground for denial:

Despite being removed, by the Department's

January 12, 2995 Final Order, from the

affairs of Petty & Company, a premium

finance company at all relevant times

licensed by the Florida Department of

Insurance, you, Alex J. Campos, through

execution of and performance under that

certain Agreement between Perry & company

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

and accompanying addenda dated May 1, 1998,

did participate in the affairs of Perry &

Company, contrary to the prohibitions and

restrictions of the Department's Final Order

dated January 12, 1995.

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

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

Campos violated the 1995 Final Order by entering into a

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

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

KIT violated the 1995 Final Order because KIT had previously

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

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

GetAutoInsurance.com transacted insurance business from Florida

residents without proper licensure.

Campos' Character

28. Campos is a self-educated business entrepreneur with

expertise in computer information systems. He has been involved

in the insurance industry since 1988. He recognizes the need

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

means.

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

business predominately in Texas. He ran All American General

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

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

Mortgage Corporation that has a mortgage license in Florida.

30. Campos testified that since the effective date of the

1995 Final Order, he believes he has acted within the law and

within the spirit of the Removal Order.

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

managed the premium finance companies properly while he

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

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

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

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

further testified that Campos told him up front about his

problems in Florida and his association with First Miami.

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

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

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

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

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

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

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

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

problems.

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

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

and a business associate. Lidsky and his wife started a

nonprofit charitable organization, Hope for Vision, which raises

funds for retinal degenerative disease research. Campos has

been generous in his contributions and fundraising for the

organization since its formation and has volunteered his time.

CONCLUSIONS OF LAW

35. The Division of Administrative Hearings has personal

and subject matter jurisdiction in this proceeding pursuant to

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

36. Because Petitioner has petitioned to terminate the

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

preponderance of the evidence, that he is qualified and should

be granted the privilege for which he has applied. See

Department of Banking and Finance Division of Securities and

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

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

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

broad discretion in determining the fitness of applicants who

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

rather than a right.).

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

formulating agency action, and not to determine whether the

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

decision, but to determine whether the Department's expressed

allegations and concerns for Petitioner's denial are valid.

38. Petitioner asserts that after his removal from his

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

any Florida licensee, rendered any opinions to any Florida

licensee, nor engaged in any insurance transactions in Florida.

39. Petitioner presented his employment history and the

testimony of White and Parrillo to attest to his character and

reputation in the insurance industry since the 1995 Removal

Order. Lidsky also testified as a character witness to

establish that Campos has a generous nature and participates in

philanthropic activities. The character evidence presented was

not compelling enough to demonstrate to the undersigned that

Campos is now fit and trustworthy to be relicensed by the

Department, especially in light of the seriousness of his

violations of Florida law which gave rise to the 1995 Final

Order and the 2001 Consent Order.

40. The Department also contends that Campos has not

complied with all the terms and conditions of the 1995 Final

Order and 2001 Consent Order prohibiting his participation in

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

the American Heritage Dictionary, Second College Edition as "to

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

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

Campos' management functions and administrative services

including policy processing under the "Company Management

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

business of KIT. Petitioner further participated in KIT's

business affairs by serving as the manager and trustee when

signing KIT's Bankruptcy Petition.

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

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

convincing and did not excuse Campos from his prohibition under

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

state document" that specifically listed Florida, Campos failed

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

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

president was not due diligence with Campos' controversial

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

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

recent as the 2001 Consent Order to request written permission

from the Department when dealing with a Florida licensee. The

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

Campos started participating in the business affairs of the

Florida licensee, KIT, in 2006.

42. The Department also denied Campos' Petition based on

his management and operation of www.GetAutoInsurance.com.

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

pertinent part:

ansacting insurance. --"Transact" with

respect to insurance includes any of the following, in

addition to other applicable provisions of this code:

(1) Solicitation or inducement.

(2) Preliminary negotiations.

(3) Effectuation of a contract of insurance.

(4) Transaction of matters subsequent to effectuation

of a contract of insurance and arising out of it.

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

pertinent part:

626.112 License and appointment required;

agents, customer representatives, adjusters,

insurance agencies, service representatives,

managing general agents. --

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

advertise or hold himself or herself out to

be an insurance agent, insurance adjuster,

or customer representative unless he or she

is currently licensed by the department and

appointed by an appropriate appointing

entity or person.

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

in applicable department rules, and in

addition to other conduct described in this

chapter with respect to particular types of

agents, a license as an insurance agent,

service representative, customer

representative, or limited customer

representative is required in order to

engage in the solicitation of insurance. For

purposes of this requirement, as applicable

to any of the license types described in

this section, the solicitation of insurance

is the attempt to persuade any person to

purchase an insurance product by:

1. Describing the benefits or terms of

insurance coverage, including premiums or

rates of return;

2. Distributing an invitation to contract

to prospective purchasers;

3. Making general or specific

recommendations as to insurance products;

4. Completing orders or applications for

insurance products;

5. Comparing insurance products, advising

as to insurance matters, or interpreting

policies or coverages; or

6. Offering or attempting to negotiate on

behalf of another person a viatical

settlement contract as defined in s.

626.9911.

45. The Department argues that Petitioner illegally

solicited insurance by distributing an invitation to contract

for insurance online to Jordan and other Florida residents who

had unrestricted access to Petitioner's website

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

website is transacting insurance when it attracts members of the

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

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

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

Statutes.

46. In support of this argument, the Department cites

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

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

members to inquire further about supplemental Medicare insurance

by providing an informational pamphlet constituted unlicensed

transacting of insurance through solicitation and inducement, in

violation of insurance laws. Id.

47. Petitioner describes his website as a portal that only

generates insurance leads for agents and carriers who are

authorized to transact insurance. Campos further considers the

website a referral that does not require licensing under Section

626.112(8), Florida Statutes (2008).

48. Both the Department and Campos have merit in their

positions regarding GetAutoInsurance.com. However, the

undersigned is convinced that the Department's position is more

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

definitions of "solicitation" and "inducement."

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

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

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

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

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

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

come within the plain meaning of "solicitation" and

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

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

Petitioner would not have had the website if he was not

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

website, Petitioner is inviting interested people to get a

quote, which leads to an insurance contract.

51. Moreover, specific language on the home page even

entices the potential customers to action as an inducement with

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

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

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

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

entries forward the customers to another website, it is the

homepage of GetAutoInsurance that attracts and serves as a

drawing force inviting or inducing potential customers to start

the process of getting insurance. Moreover, but for

GetAutoInsurance.com making available and connecting Jordan to

United Healthcare and eHealthinsurance Jordan would not have had

contact with the two Florida licensees.

52. The record demonstrates Petitioner has also failed to

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

business undertakings without reproach. Instead, the evidence

establishes that Campos' actions continue to violate the 1995

Removal Order and Petitioner has not been rehabilitated and

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

the Department.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED the Department of Financial Services

enter a final order finding that Alex Campos violated the terms

of a 1995 Removal Order entered by the Department of Financial

Services and denying his Petition to Terminate the Restriction

and Prohibition.

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

Tallahassee, Leon County, Florida.

JUNE C. McKINNEY

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 18th day of

ENDNOTE

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

privilege independent of an insurance carrier's appointment.

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

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

department or office authorizing a person to be

appointed to transact insurance or adjust claims for

the kind, line, or class of insurance identified in

the document.

2 The agreement defines unique visitor quote as "the aggregate

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

come to Esurance site through a link on

[www.GetAutoInsurance.com]."

3 Campos testified that Jack Perry is the same individual that

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

2001 Consent Order. He testified that he became president of

the company again after the company surrendered its license to

Florida.

COPIES FURNISHED :

Mary K. Surles, Esquire

Department of Financial Services

200 East Gaines Street

Tallahassee, Florida 32399

Amy L. Koltnow, Esquire

Colodny, Fass, Talenfeld

Karlinsky & Abate, P.A.

One Financial Plaza, 23rd Floor

100 Southeast Third Avenue

Fort Lauderdale, Florida 33394

Michael Davidson, Esquire

Department of Financial Services

612 Larson Building

200 East Gaines Street

Tallahassee, Florida 32399

Alex Sink, Chief Financial Officer

Department of Financial Services

The Capitol, Plaza Level 11

Tallahassee, Florida 32399-0300

Benjamin Diamond, General Counsel

Department of Financial Services

The Capitol, Plaza Level 11

Tallahassee, Florida 32399-0300

Tracey Beal, Agency Clerk

Department of Financial Services

200 East Gaines Street

Tallahassee, Florida 32399-0390

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

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

to this recommended order should be filed with the agency that

will issue the final order in this case.