Division of Administrative Hearings, Florida
Filed: Jul. 25, 2011
The issues are whether Respondent is guilty of: 1) advertising for preneed services without possessing a valid preneed license, in violation of sections 497.152(5)(a), 497.157(1), 497.166(1), and 497.452(1)(a), and 2) obtaining its license by misrepresentation or error of the Board of Funeral, Cemetery, and Consumer Services (Board) known to Respondent or, alternatively, failing to limit the activities of two persons in accordance with representations made to the Board, in violation of section 497.152(1)(b) and (4)(f) and (g), Florida Statutes. If Respondent is guilty of any of these charges, an additional issue is the penalty to be imposed.Agreed-to $250 fine for advertising preneed services w/o license. Petitioner did not prove Board attached conditions to funeral establishment license or Board intended to and mistakenly failed to do so. Respondent not guilty of employing certain persons.
