FLORIDA DEPARTMENT OF FINANCIAL SERVICES FILED TOM GALLAGHER . CHIEF FINANCIAL OFFICER MAY STATE OF FLORIDA 1 2006 Dock . p IN THE MATTER OF: ‘ted m OE ELLIS LEROY MCANINCH, JR. Case No: 83385-FC-063a cn eee ett 425 8 T License No: FE 2571 Bee - Th 2005-017169 Bp = co oe a DIAS =< 1 OW - 2D B/LA 3 ADMINISTRATIVE COMPLAINT TO: — Ellis Leroy McAninch, Jr. 5505 Brandies Avenue P. O. Box 282 Callahan, Florida 32011 Fredrick R. Short, Jr., Esquire Century Plaza ~ Suite 203 3733 University Boulevard West Jacksonville, Florida 32217 You, Ellis Leroy McAninch, Jr. (hereinafter referred to as “Mr. McAninch” “you” or “your”), are hereby notified that the Department of Financial Services, Board of Funeral, Cemetery, and Consumer Services (hereinafter “Department”) has received a investigative report from its predecessor, Department of Business and Professional Regulations, relating to your activities as a funeral director. Having reviewed the report, and being satisfied of the accuracy and completeness thereof, it is alleged: GENERAL ALLEGATIONS 1. Mr. McAninch is a licensed Funeral Director/Embalmer in Callahan, Florida. 2. The Department of Business and Professional Regulations licensed Mr. McAninch pursuant to the provisions of Chapter 470, Florida Statutes. Effective October 1, 2005, the Department assumed jurisdiction over the licensure of Funeral Directors/ Embalmers pursuant to the provisions of Chapter 497, Florida Statutes, the “Florida Funeral, Cemetery, and Consumer Services Act” (hereinafter “the Act”). 3. Funeral Directors/Embalmers in the State of Florida are governed by the Act and administrative rules promulgated pursuant thereto. 4. The Funeral Director/Embalmer must obtain written authorization from a legally authorized person or a court-of competent jurisdiction prior to the disinterment and reinterment of a dead human body. 5. The phrase “legally authorized person” is defined at section 497.005(37), Florida Statutes: “in the priority listed, the decedent, when written inter vivos authorizations and directions are provided by the decedent, the _ surviving spouse, son or daughter who is 18 years of age or older, parent, brother or sister 18 years of age or over, grandchild who is 18 years of age or older, or grandparent; or any person in the next degree of kinship. . 6. The Department has jurisdiction over the licensure of Mr. McAninch as a Funeral Director/Embalmer, and the subject matter of this Administrative Complaint pursuant to the Act. 7. The Department’s panel found probable cause to charge Mr. McAninch with violations of the Act on April 11, 2006. . COUNT ONE 8. The above general allegations are hereby realleged and fully incorporated herein by reference. 9. Bonnie Kay Shepherd, a seventeen-year-old married woman, died on February 13, 1972. She was buried at Bosque Bello Cemetery on February 15, 1972. 10. On November 5, 1996, the State of Florida, Department of Health and Rehabilitative Services, Office of Vital Statistics issued a permit to disinter, transport and reinter Bonnie Kay Shephard in the Jones Cemetery in Callahan, Florida. The permit was predicated on an application signed by Mr. McAninch on the same date. 11. The disinterment and reinterment of the remains of Bonnie Kay Shephard were done without any written authorization. 12. The disinterment and reinterment of the remains of Bonnie Kay Shephard were done without the knowledge or permission of the only person legally authorized to approve the action, her surviving spouse, Edward Wayne Shepherd. IT IS THEREFORE CHARGED that you have violated or are accountable under the following provisions of the Act which constitute grounds for discipline, including the suspension or revocation of your license as a Funeral Director/Embalmer: (a) Violating any provisions of the Act. [Section 497.152(1)(a), Florida Statutes)’; (b) Failing to obtain written authorization from a legally authorized person prior to the disinterment and reinterment of a dead human body. [Sections 497.384(3) and 497.005(37). + Sections 470.036(1)(a), and 455.227(1)(q), Florida Statutes (1995). 2 Section 75, Ch. 94-119, Laws of Florida, effective May 4, 1994; Section 1, Ch. 96-355 Laws of Florida, effective June 1, 1996. WHEREFORE, you are hereby notified that the Department intends to request the Board of Funeral, Cemetery and Consumer Services to enter an order suspending or revoking your licensure as a funeral director/embalmer, and to impose such penalties as may be provided under the provisions of Subsection 497.153(5), Florida Statutes, and under the provisions of Fla. Admin. Code Ch. 61G8-30. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department pursuant to sections 120.569 and 120.57, Florida Statutes, and Rule 28.107, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel as acting Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. The Department must receive your written response no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to a hearing. ‘YOUR FAILURE TO RESPOND IN WRITING WTHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF MATERS ALLEGED HEREIN AND AN ORDER OF REVOCATION YOUR RIGHT TO REQUEST A PROCEEDING ON THE WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-107.004, Florida Administrative Code. As noted above, completion of the attached Election of Proceedings form conforms to these requirements. Specifically, your response must contain: (a) The name and address of the party making the request, for purpose of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. If a hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. If a proceeding is requested and there is no dispute of material fact, the provisions of section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department of Financial Services. DATED and SIGNED thie. —— _ day of > 2006. KAREN CHANDLER Deputy Chief Financial Officer CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to Ellis Leroy McAninch, Jr, and Fredrick R. Short, Jr, Esquire, at the above-stated addresses by U.S. Certified Mail this WA ot day of Oe oe 2006. woo) Lf. Lift bo Tesloy 6 Mendelson “7 Florida D€partment of Financial Services Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4110 Fla. Bar No, 0297569

Docket for Case No: 06-002423PL