FLORIDA DEPARTMENT OF FINANCIAL SERVIER E , TOM GALLAGHER CHIEF FINANCIAL OFFICER STATE OF FLORIDA IN THE MATTER OF: , —_ MORNING GLORY FUNERAL CHAPEL . CASE NO.: 86079-06-FC FH 2599 EC 20060300005 ! Db -2625- ADMINISTRATIVE COMPLAINT. TO: Morning Glory Funeral Chapel 5100 North Nebraska Avenue Tampa, Florida 33603 You, MORNING GLORY FUNERAL CHAPEL, (hereinafter “Morning Glory” or “you”) are hereby notified that the Department of Financial Services, Board of Funeral and Cemetery Services (hereinafter the Department”), has directed an inspection in connection with your license to operate a funeral home (hereinafter “FH”). Based upon the inspection and investigation, it is alleged: GENERAL ALLEGATIONS 1. At all times relevant to the allegations of this Administrative Complaint, Morning Glory has been licensed as a funeral establishment at 5100 North Nebraska Avenue, Tampa, Florida 33603, pursuant to the provisions of Chapter 497, Florida Statutes, the “Florida Funeral and Cemetery Services Act” (hereinafter “the Act”). 2. The Board of Funeral and Cemetery Services within the Department of Financial Services, has jurisdiction over Morning Glory’s licensure as a funeral establishment, operations, and the subject matter of this proceeding, pursuant to the provisions of Chapter 497, Florida Statutes. 3. An inspection of Morning Glory Funeral Chapel’s premises was conducted on March 2, 2006. 4. The results of the inspection were discussed with the owner, Mr. Harold Jones, and Mr. Jones acknowledged such on the inspection report. These same results were also discussed via telephone with the Funeral Director in Charge, Mr. Timothy Tomkins. A copy of the inspection report is attached hereto and incorporated by reference as Attachment “A”. 5. As a result of the inspection, the Department’s panel found probable cause to charge Morning Glory Funeral Chapel with violations of the Florida Statutes and the Department’s rules on July 31, 2006. COUNT I 6. The above general allegations are hereby realleged and fully incorporated herein by reference. 7. The Department’s inspector noted that the name of the full time funeral director in charge, Mr. Timothy Tomkins, was not displayed at the public entrance of Morning Glory. 8. During the inspection of the funeral establishment, the Department’s inspector noted that the establishment license was not conspicuously visible to the public. The license was posted in an office. 9. The Department’s inspector also noted that the licenses for the funeral directors/embalmers employed by Morning Glory, Mr. Timothy Tomkins and Ms. Lisa Speights, No were not conspicuously visible to the public but were also posted in an office. These licenses were also not displayed with a photo of the licensed individual. 10. The Department’s inspector noted that all funeral directors/embalmers licenses posted by Morning Glory were not current, but were copies of expired licenses. IT IS THEREFORE CHARGED that you, Moming Glory, 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 an FH: (a) Violating any provision of the Act. [Section 497.233(1)(a), Florida Statutes]; (b) ‘Failing to comply with a rule of the Department. [Section 497.233(1)(b), Florida Statutes]; (c) Each funeral establishment must display at the public entrance the name of the establishment and the name of the full-time funeral director in charge. [Section 497.380(14), Florida Statutes]; (d) | Each funeral establishment shall display at the public entrance the name of the establishment and the name of the full time funeral director in charge. [Rule 69K-21.003(8), Florida Administrative Code]; (e) The current establishment license and the license of any funeral director or embalmer employed in the establishment shall be displayed for public inspection, in a conspicuous place inside the establishment, in such a manner as to make them visible to patrons of the establishment and facilitate inspection by the Department. [Rule 69K-21.005(1), Florida Administrative Code]; (63) The following documents must be readily available, upon demand, for public inspection at all times: (a) Current licenses/registrations of all employees or copies thereof. [Rule 69K-21.005(1)(a), Florida Administrative Code]; (g) Each license issued to a funeral director or embalmer shall include a photograph of the licensee, approximately two inches by two inches, less than 2 years old, permanently affixed to the displayed license. [Rule 69K-21.005(3), Florida Administrative Code]; COUNT TT 11. The above general and specific allegations are hereby realleged and fully incorporated herein by reference. 12. During the inspection of the funeral establishment, the Department’s inspector requested a copy of the latest inspection report of the funeral establishment. One could not be produced. 13. The Department’s inspector also requested a current copy of the inspection rules and inspection criteria. You, Morning Glory, could only provide a copy of the 1999 inspection rules and inspection criteria. IT 18 THEREFORE CHARGED that you, Morning Glory, 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 an FH: | (a) Failing to comply with a rule of the Department. [Section 497.233(1)(b), Florida Statutes]; (b) — The following documents must be readily available, upon demand, for public inspection at all times: (6) Latest inspection report or copies thereof. [Rule 69K-21.005(1)(b), Florida Administrative Code]; (c) The following documents must be readily available, upon demand, for public inspection at all times: (6) Current copy of inspection rules and inspection criteria adopted by the Board or Department. [Rule 69K-21.005(1)(c), Florida Administrative Code]; COUNT It 14. The above general and specific allegations are hereby realleged and fully incorporated herein by reference. 15. During the inspection of the funeral establishment, the Department’s inspector noted that the preparation room’s hand sink did not have hot and cold water available. IT IS THEREFORE CHARGED that you, Morning Glory, 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 an FH: (a) Failing to comply with a rule of the Department. [Section 497.233(1)(b), Florida Statutes]; (b) There shall be either a refrigeration room for the storage of dead human bodies, or written arrangements for the refrigeration and storage of dead human bodies, or a preparation room equipped as follows: (e) A hand sink with hot and cold water and a service sink and a floor drain for the removal of body fluids connected to central sewage system or septic tank. [Rule 69K- 21.002(1)(e), Florida Administrative Code]; COUNT IV 16. © The above general and specific allegations are hereby realleged and fully incorporated herein by reference. 17. During the inspection of the funeral establishment, the Department’s inspector noted that Morning Glory had no functioning facilities for the refrigeration and storage of dead human bodies. 18. | Morning Glory’s previous contract with Palm State Mortuary Services, LLC, to provide crematory and refrigeration services for the funeral establishment, was terminated on March 3, 2006. IT IS THEREFORE CHARGED that you, Morning Glory, 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 an FH: (a) Failing to comply with a rule of the Department. [Section 497.233(1)(b), Florida Statutes]; (b) ‘There shall be either a refrigeration room for the storage of dead human bodies, or written arrangements for the refrigeration and storage of dead human bodies, or a preparation room. [Rule 69K-21.003(1), Florida Administrative Code]. WHEREFORE, you, Morning Glory Funeral Chapel, are hereby notified that the Department intends to enter an Order suspending or revoking your license or imposing such penalties as may be provided under the provisions of Section 497.233(2), Florida Statutes, and under the provisions of Chapter 69K-11, Florida Administrative Code. 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 WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION 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 Proceeding 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 your response has been received by the Department of Financial Services. DATED: this___ 8th day of August 2006. : % Way ; te ft IN CHANDLER a 4 : We Deputy Chief Financial Officer A so | i any Ne ee SA oRTINICATE OF SER Aig oped we CERTIFI OF SERVICE I HEREBY CERTIFY that a copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to Moming Giory Funeral Chapel, 5100 North Nebraska Ave., Tampa, Florida 33603 by U.S. Certified Mail this_ 8th ss day__ August 2006, Casia R. Sinco, Assistant General Counsel Florida Department of Financial Services Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4282 Fla. Bar No. 0616885 4

Docket for Case No: 06-003635