FILED ie re JUN 1% 2008 REPRESENTING i 28 J j ub It o A {t: 1S 5 ALEX SINK vision Seoratsa oy ELL, CHIEF FINANCIAL OFFICER STATE OF FLORIDA IN THE MATTER OF: bY. ad T ABBEY AFFORDABLE CREMATION & FUNERAL SERVICE CASE NO.: 87262-08-FC FH 2490 / ADMINISTRATIVE COMPLAINT TO: Abbey Affordable Cremation & Funeral Service 12541B Ulmerton Road Largo, Florida 33774 Abbey Affordable Cremation & Funeral Service C/O Donald Koma P.O. Box 4190 Seminole, Florida 33775 You, ABBEY AFFORDABLE CREMATION AND FUNERAL SERVICE, (hereinafter - “Abbey Affordable”) are hereby notified that the Department of Financial Services (hereinafter the “Department”), directed an inspection in connection with your license to operate a funeral establishment. Based upon the inspection and investigation, it is alleged: GENERAL ALLEGATIONS 1. At all times relevant to the allegations of this Administrative Complaint, Abbey Affordable, located at 12541B Ulmerton Road in Largo, Florida, has been a licensed funeral home establishment pursuant to the provisions of chapter 497, Florida Statutes, the “Florida Funeral, Cemetery and Consumer Services Act” (hereinafter “the act”). At no time relevant to the allegations of the Administrative Complaint did Abbey Affordable hold a valid license to sell preneed funeral contracts pursuant Section 497.452, Florida Statutes. 2. The Board of Funeral, Cemetery and Consumer Services (hereinafter the “Board”) and the Department have jurisdiction over Abbey Affordable’s licensure as a funeral establishment, operations, and the subject matter of this proceeding, pursuant to the provisions of chapter 497, Florida Statutes. 3. The Board has the authority to determine through probable cause panels whether there is probable cause to believe there is a violation of chapter 497, Florida Statutes, and whether a proposed administrative prosecution of a licensee shall go forward, as set forth in sections 497.103(1){v) and 497.153(3), Florida Statutes. 4. The Department conducted an inspection of Abbey Affordable on May 31, 2007, pursuant to the provisions of section 497.606, Florida Statutes (2006). 5. As a result of the inspection, on May 21, 2008, a probable cause panel of the Board found probable cause to charge Abbey Affordable with violations of chapter 497, Florida Statutes, and the Department’s rules and directed the Department to prosecute. COUNT 1 6 The above general and specific allegations are hereby realleged and fully incorporated herein by reference. 7. From March 11, 2002 through March 28, 2007, Abbey Affordable sold 52 preneed funeral contracts issued by NGL Insurance Group to Florida consumers without holding a valid preneed funeral contract license. IT IS THEREFORE CHARGED that you, Abbey Affordable, have violated or are accountable under the following provisions of the act which set forth grounds for discipline, including the suspension or revocation of your license as a funeral establishment: (a) Violating any provision of this chapter or any lawful order of the board or Department or of the statutory predecessors to the board or Department. [Section 497.152(1)(a), Florida Statutes]; (b) No person may sell, advertise to sell, or make an arrangement for a preneed contract without first having a valid preneed license. [Section 497.452(1)(a), Florida Statutes (2006), (c) No person may receive any funds for payment on a preneed contract who does not hold a valid preneed license. [Section 497.452(2)(a), Florida Statutes]; COUNT II 8. The above general and specific allegations are hereby realleged and fully incorporated herein by reference. 9. On or about June 10, 2005, Abbey Affordable did cremate the body of Ms. Judy Nizolek without obtaining permission from a legally authorized person as defined in Section 497.005(37) Florida Statutes. IT IS THEREFORE CHARGED that you, Abbey Affordable, have violated or are accountable under the following provisions of the act which set forth grounds for discipline, including the suspension or revocation of your license as a funeral establishment: (a) Violating any provision of this chapter or any lawful order of the board or Department or of the statutory predecessors to the board or Department. [Section 497.152(1)(a), Florida Statutes; (b) A cremation may not be performed until a legally authorized person gives written authorization for such cremation. [Section 497.607(1), Florida Statutes]; WHEREFORE, the Department respectfully requests that the board enter an order imposing one or more of the following penalties: revocation or suspension of your license; imposition of an administrative fine not to exceed five thousand dollars ($5,000) for each count or separate offense; issuance of a written reprimand, placement of you on probation; assessment of costs associated with investigation and prosecution; requiring you to make restitution; imposition of any or all penalties delineated within section 497.153(5), Florida Statutes; and any other relief that the board is authorized to impose pursuant to chapter 497, Florida Statutes, and the rules promulgated thereunder. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Florida Department of Financial Services, Board of Funeral, Cemetery and Consumer Services ("board") pursuant to sections 120.569 and 120.57, Florida Statutes, and rule 28-106, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Florida Department of Financial Services (“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 acting as Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written response must be received by the Department 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 SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST YOU. Pursuant to section 497.153(5)(a), Florida Statutes, if an order of revocation is entered against you, the Board may specify by final order the period of time that must elapse before you may apply or reapply for any licensure under chapter 497, Florida Statutes. The board may also by order on a case-by-case basis specify that a revocation is permanent and that no future application for licensure under this chapter shall be accepted, processed, or approved. If you request a proceeding, you must provide information that complies with the requirements of rule 28-106.2015, 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, address, and telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent"). (b) The name, address, telephone number, facsimile number of the attorney or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. (c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. (d). A statement of when the respondent received notice of the administrative complaint. (e) A statement including the file number to the administrative complaint. 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 board or a written statement challenging the grounds upon which the board 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. However, if you dispute material facts which are the basis for the board’s action, you must request an adversarial proceeding pursuant to sections 120.569 and 120.57(1), Florida Statutes. These proceedings are held before a State Administrative Law Judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. — 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. th DATED and SIGNED this 11 dayof___-JWNE 2008. . - Cu AA : aN * NC. DLER Deputy Chief Financial Officer CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to Abbey Affordable Cremation & Funeral Service 12541B Ulmerton Road Largo, Florida 33774 and Abbey Affordable Cremation& Funeral Service ¢/O Donald Koma P.O. Box 4190 Seminole, Florida 33775 by U.S. Certified Mail this} day sone , 2008. \ A James A. Bossart, Assistant Genera Florida Department of Financial Services ~ Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4124

Docket for Case No: 08-003467