STATE BOARD OF FUNERAL DIRECTORS ) AND EMBALMERS, STATE OF FLORIDA, ) DEPARTMENT OF PROFESSIONAL AND ) OCCUPATIONAL REGULATION, DIVISION ) OF PROFESSIONS, )
vs. ) CASE NO. 76-1117
) HOUSE OF ROGERS FUNERAL HOME ) AND ARNETT P. ROGERS, )
Respondent. )
Pursuant to notice a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings on September 30, 1976 and November 22, 1976 at Conference Room 205, Building "B", 6501 Arlington Expressway, Jacksonville, Florida.
For Petitioner: G. Kenneth Norrie, Esquire
For Respondents: D. Chanslor Howell, Esquire
The House of Rogers Funeral Home, 4815 Avenue D, Jacksonville, Florida, was licensed at the time of hearing under license no. 670, held with the Petitioner. Arnett P. Rogers, Post Office Box 12143, Jacksonville, Florida, was holder of funeral director's license no. 703 and an embalmers license no. 873 held with the Petitioner at that time.
On April 23, 1976, William W. Bradley, a resident of Jacksonville, Florida, died as evidenced by the death certificate which is Petitioner's Exhibit number 18, admitted into evidence. At the time of his death William W. Bradley was the holder of an insurance policy with the Prudential Insurance Company of America in the amount of $2,000, as evidenced by Petitioner's Exhibit number 19, admitted into evidence. This policy called for Melissa Hicks Willis Bradley, the wife of the deceased to be the beneficiary of the proceeds of the policy. However, the wife bid predeceased William W. Bradley. William W. Bradley had also drawn and executed a will dated July 6, 1972 which named his
nephew, Larry Bradley, of Charlotte, North Carolina, and his niece Mary Bradley Nolley of Charlotte, North Carolina as joint beneficiaries. A copy of the will is Petitioner's Exhibit number 22, admitted into evidence.
Upon the death of William W. Bradley, his stepdaughter, Mae Bennie Riley contacted Mr. Arnett P. Rogers of the Rogers Funeral Home to make the funeral arrangements. Larry Bradley and Mary Bradley Nolley came to Jacksonville, Florida, to attend the funeral proceedings, and while in Jacksonville were in discussion with Arnett P. Rogers about matters of the funeral and the estate. In one conversation, Arnett P. Rogers was shown a copy of the aforementioned will and read that will and acknowledged that the will would control the matters of the estate. He also acknowledged that Mary Bradley Nolley would be in charge of the matter since she had been named as a beneficiary in the will, and this included the necessity of dealing with her in accordance with the terms of the will. The two beneficiaries, Larry Bradley and Mary Bradley Nolley did not give permission to Mae Bennie Riley to handle the affairs of the estate, as had been testified to by Mae Bennie Riley and Arnett
P. Rogers.
By letter of June 19, 1973, Arnett P. Rogers contacted a Mr. William Hughes, the insurance supervisor of the Florida Gas Company which had employed the deceased William W. Bradley. It was the responsible agency for seeing that the $2,000 proceeds of the aforementioned insurance policy were paid. This letter of June 19, 1973 is Petitioner's Exhibit number 17, admitted into evidence. By letter of June 26, 1973, Petitioner's Exhibit number 15, admitted into evidence, the same Mr. Hughes was in contact with Mrs. Susan Morey of the group claims division of the Prudential Insurance Company, to set forth the fact that proof of death and group life certification of William W. Bradley. On July 2, 1973, Susan Morey wrote Mae Bennie Riley a letter explaining the things that would be necessary to achieve the payment of proceeds under the insurance policy. A copy of this letter is Petitioner's Exhibit number 14, admitted into evidence. On August 22, 1973, Arnett Rogers contacted a Mr. Evans of the Prudential Insurance Company about the insurance proceeds and on August 27, 1973, Susan Morey corresponded with Rogers about sending another affidavit for execution by Mae Bennie Riley on the question of the distribution of the insurance proceeds. Copy of this letter is Petitioner's Exhibit number 12, admitted into evidence.
Sometime in August, Mae Bennie Riley, without the permission of Alfreda Thurston the daughter of the deceased William W. Bradley or Larry Bradley, nephew of the deceased William W. Bradley or Mary Bradley Nolley the niece of the deceased William W. Bradley forged their signatures to consent forms and make further forgery in the filling out those consent forms in the body of the consent forms. A copy of these forged documents are Petitioner's Exhibits 9-11, admitted into evidence. These forged documents were witnessed by Arnett P. Rogers, without the knowledge of any permission to sign the signatures, being given by the aforementioned daughter, niece and nephew of the deceased William
W. Bradley. These witnessed signatures were to the consent forms which indicated that Mae Bennie Riley was entitled to the full proceeds of the insurance policy. In addition Arnett P. Rogers, with the full knowledge of the existence of a will in the estate of William W. Bradley, did execute as Notary Public for the state of Florida, a document signed by Mae Bennie Riley, showing that there was no will in existence. A copy of this document is Petitioner's Exhibit number 8, admitted into evidence.
On April 9, 1974, Mary Bradley Nolley wrote trying to determine the existence of the insurance proceeds, later identified as the Prudential
Insurance Policy, a copy of this letter is Petitioner's Exhibit'number 7, admitted into evidence. She again wrote on April 17, 1974, inquiring about the same subject matter and indicating the existence of a will. A copy of this letter is Petitioner's Exhibit number 6, admitted into evidence.
The $2,000 in insurance proceeds was issued by the Florida Gas Company to the person of Mae Bennie Riley, who endorsed that draft with Arnett P. Rogers. Arnett P. Rogers took part of the proceeds to apply to funeral expenses and gave certain proceeds to Mae Bonnie Riley who in turn used part of the money for mortgage payments on a home owned by the deceased William W. Bradley. A copy of the $2,000 draft showing the signatures of Mae Bennie Riley and Arnett
P. Rogers is Petitioner's Exhibit number 20, admitted into evidence. The balance of the insurance proceeds, together with other monies, were held by Arnett P. Rogers for payment of the funeral expenses, and those remaining funds over and above funeral expenses and amounts disbursed to Mae Bennie Riley were allegedly returned on November 23, 1976, to Gerald R. Power, Esquire, attorney for the estate of William W. Bradley.
CONCLUSIONS OF LAW
It is concluded that the Division of Administrative Hearings has jurisdiction in this cause.
It is concluded as a matter of law that the Respondent, Arnett P. Rogers, through the facts as shown has violated Section 470.12(2)(o), F.S.
It is concluded as a matter of law that the Respondent, Arnett P. Rogers, through the facts as shown has violated Rule 21J-7.05(b) and (c), F.A.C.
It is concluded as a matter of law that the Respondent, Arnett P. Rogers, through the facts as shown has violated Rule 21J-7.06, F.A.C.
It is concluded as a matter of law that the Respondent, House of Rogers Funeral Home, has violated Section 470.12(4)(a), F.S., based upon the facts as shown.
It is concluded as a matter of law that the Petitioner has failed to show that the Respondent, Arnett P. Rogers, has violated Section 470.12(1)(k), F.S., since these same facts were used to establish a violation of Section 470.12(2)(o), F.S., and could not be utilized in establishing a new violation.
It is concluded as a matter of law that the Petitioner has failed to show that the Respondent, Arnett P. Rogers, has violated Section 470.12(2)(p), F.S., since these same facts were used to establish a violation of Section 470.12(2)(o), F.S., and could not be utilized in establishing a new violation.
For the violations as established in the course of this complaint it is recommended that the license of Arnett P. Rogers to practice as the funeral director, license no. 703, and to practice as an embalmer, license no. 873, be revoked but that such revocation be withheld pending the satisfactory completion of a two year probationary term. It is recommended that the license of the Respondent, House of Rogers Funeral Home, license no. 670, be revoked, but that revocation be withheld pending the satisfactory completion of a two year probationary term.
DONE and ENTERED this 1st day of December, 1976, in Tallahassee, Florida.
CHARLES C. ADAMS
G. Kenneth Norrie, Esquire 1300 Florida Title Building Jacksonville, Florida 32202
D. Chanslor Howell, Esquire 606 Fletcher Building
