sn ae ree ere A ee DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION Jeb Bush, Governor Cynthia A. Henderson, Secretary TO: Johnny Lynn Pons 501 Springs Street Green Cove Springs, FL 32043 Case No.: 2000-04982 SERVICE OF ADMINISTRATIVE COMPLAINT Dear Mr. Pons: This is to inform you that probable cause has been found to believe that you violated certain provisions of the Florida Statutes governing funeral directing and embalming. The enclosed Administrative Complaint contains the formal charges filed against you. Receipt of these documents constitutes legal service upon you. Options available to you under Florida law are: (a) Choose not to dispute the material facts alleged, and request a hearing before the Board of Funeral Directors and Embalmers which will only hear evidence regarding the conclusions of law and the penalty for violations; or (b) Dispute the material facts alleged and request a hearing before an administrative law judge with the Division of Administrative Hearings; or (c) Waive your right to either type of hearing and put yourself completely at the Board's discretion. : . __ Please be advised, pursuant to Section 120.573, Florida Statutes, that mediation is not available for » this type of agency action. You must respond by selecting one of the options on the enclosed Election of Rights form, and forwarding the executed Election of Rights form to this office within _ _ _ 21 days of your receipt of this letter. Failure to respond within the 21 day period may be deemed __awaiver of ‘the rights outlined above, and the Board may proceed against you by default. Si érel incerely, y LUT or ‘Laurie Beth Woodham “Assistant General Counsel ; : ATTCHS: Administrative Complaint; Election of Rights Form; Explanation of Rights CC: LJ. Amold Hl, Esq. Law Offices of L.J. Amold III . : P.O. Box 1570 : Green Cove Springs, FL 32043-1570 OFFICE OF THE GENERAL COUNSEL - C : NORTHWOOD CENTRE : 1940 NORTH MONROE STREET - TALLAHASSEE, FLORIDA 32399-2202 Telephone (850) 488-0062 - Fax (850) 487-6749 - TDD 1-800-955-8771 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF FUNERAL DIRECTORS AND EMBALMERS /* /? DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2000-04982 JOHNNY LYNN PONS, Respondent. / '. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner"), files this Administrative Complaint before the Board of Funeral Directors and Embalmers against JOHNNY LYNN PONS ("Respondent"), and alleges: 1. Petitioner is the state agency charged with regulating the practice of funeral directing oe and embalming, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 470, Florida Statutes, | 2. At all times material hereto, Respondent was licensed in the State of Florida as a funeral . director and embalmer, having been issued license number FE 0003743. 3. Respondent’ 's address. of record with the’ ne Department is 501 sping Street, Green Cove, : ‘- Florida 32043, 4. At al times material hereto, Respondent was the funeral director i in n charge and co- owner of Cla ay”) aa 002131). 5 honoring a pre-need contract, number 016-74- 005, belonging to to Bernice Thomas ( ‘Bernice ). The pre- need contract was originally signed by Bernice on or about December 12, 1984, in Missouri. The contract called for American Prearranged Services, Inc. (“American”) to pay Britton Funeral Home (‘Britton’), a Missouri funeral home, for the funeral services and merchandise selected by Bernice. 6. The pre-need contract specified the following services and merchandise in the Britton “Statement of Funeral Goods and Services Purchased”: Package A, protective Roman Bronze casket, and berg vault, Package A included the services of the funeral director and staff transfer of the remains within 50 miles, embalming, other preparation of the body, use of facilities for viewing one day and funeral service or ceremony in the funeral home or mortuary, hearse committal or other disposition service, acknowledgement cards, and register book. The total cost for the services and merchandise selected by Bernice was Three Thousand Fifty-two Dollars and Fifty Cents ($3052.50). 7. The pre-need contract provided that if Bernice died outside Britton’s normal service area, American shall make arrangements for “like services” at another funeral home selected by the " next of kin. Thomas used this provision to select Clay, because Bernice died in Green Cove Springs, Florida. 8. Respondent indicated to Thomas, that Clay would honor the pre-need contract. 9 Respondent charged Thomas Three Thousand Fifty-two Dollars and Thirty Cents ($3052.30) for the following services and merchandise listed in the Clay “Statement of Funeral Goods and Services Selected”: Traditional Funeral Package, Silver wood cloth casket, and concrete outer burial container. The Traditional Funeral Package included the services of the funeral director and ~ : staff, filing and obtaining leg ul jocuments ‘and paperwork removal and transportation of the deceased - within 25 miles, embalming and/or sian care of the remains, dressing, casketng cosmetizing,u use of facilities for visitation ‘and s service, and use of vehicles. a Paster Sendeanths ns be eit th seat EAE HAR Taian bese anh beara nis wat! 10. ‘The line item amounts charged included $1290. 00 for the casket and 5695. 00 0 for the outer burial container ‘The subtotal for the above two items was indicated as $2985.00, an overcharge of One Thousand Dollars 11. On or about May 9, 2000, Bernice died and was transported to Clay 3 ~activities regulated i in chapter 470. set forth herein. _ “et 12. . Thomas and her husband purchased burial clothing for Bernice and gave the clothing to Clay to dress the body. 13.. Respondent intentionally chose not to embaim the body of the deceased, Bernice. 14. Respondent failed to dress the body of the deceased, Bernice, in the clothes provided by Thomas and her husband. 15. Respondent signed a certificate of performance regarding services provided for Bernice. Respondent certified that “As a provider, I have provided the disposition of the dead body, and funeral services, facilities and merchandise described in the contract.” 16. Respondent did not provide “like services” or metchandise as required by the pre-need contract. 17. Respondent signed the monthly “Report of Cases Embalmed or Bodies Handled” for May 2000. The report indicated that Respondent embalmed Bernice on May 9, 2000. The report further certifies that the Respondent personally supervised the cases indicated. 18. _ Petitioner realleges and incorporates paragraphs one through seventeen as though fully set forth herein, . — 19. _Based upon the foregoing, Responde nt violated Section 470. 036(1)(2), Florida Statutes, by committing fraud, ‘deceit, negligence, incompete “ncy, OF misconduct in the practice of any of the 20. Petitioner realleges and incorporates paragraphs one through seventeen as though fully . 2b. € foregsing Respondent v violated Section 470. 3600 Florida Statutes, by making 0 or filing a a report o or 1 record, which the licensee 2 knows to be false. a“ COUNT Ill Ba . Petitioner realleges and incorporates paragraphs one through seventeen as though fully set forth herein. . #3. —_ Based upon the foregoing, Respondent violated Section 470.03 6(1)(m), Florida ’ Statutes, by making any false or misleading statement, oral or written, directly or indirectly, regarding the sale of services or merchandise in connection with any of the activities regulated under this chapter. - WHEREFORE, Petitioner respectfully requests the Board of Funeral Directors and Embalmers enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine not to exceed $5,000 per violation, issuance of a reprimand, placement of the Respondent on probation, assessment of costs association with the investigation, imposition of any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board i is authorized to impose pursuant to Chapters 455 and/or 470, Florida Statutes, and/or the rules promulgated — thereunder Signed this ar 21 tay of Abe cvab ec , 2000, : , SJ KAU ‘David K. Minacci Lead Professions Attorney Counsel for the Department: ; Laurie B. Woodham F | L E. D ution Assistant General Counsel Department of Business and Professional Rag Department of Business and DEPUTY CLERK Professional Regulation . 1940 North Monroe Street cure uarclont Michele. Tallahassee, FL 32399-2202 DATE _\2-5-2000 _ LBW/mad J Case # 2000-04982 PCE Novemloer 17, 2000

Docket for Case No: 01-003057PL