REPRESENTING ALEX SINK CHIEF FINANCIAL OFFICE STATE OF FLORIDA H IN THE MATTER OF: OY -O i] EVERGREEN MEMORIAL PARK CEMETERY INC. CASE NO.: 97370-08-FC CEM FO39723 ADMINISTRATIVE COMPLAINT TO: ‘ Evergreen Memorial Park Cemetery 500 NW 54TH Street Miami, Florida 33127-1818 You, EVERGREEN MEMORIAL PARK CEMETERY, (hereinafter “EVERGREEN” or “CEMETERY”) are hereby notified that the Department of Financial Services (hereinafter the “DEPARTMENT”), has directed an investigation in connection with your license to operate a Cemetery. Based upon the investigation, it is alleged: GENERAL ALLEGATIONS 1. At all times relevant to the allegations of this Administrative Complaint, EVERGREEN, located at 3065 NW 43" Street in Miami, Florida 33142, has been licensed in this state as a cemetery pursuant to the provisions of chapter 497, Florida Statutes. 2. The Board of Funeral, Cemetery and Consumer Services (hereinafter the “Board”) and the Department have jurisdiction over Evergreen’s licensure as a cemetery, over its operations as a cemetery, 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 investigation of EVERGREEN on October 19, 2007 through November 26, 2007, pursuant to the provisions of section 497.149, Florida Statutes (2005). A copy of the investigation report is attached hereto and incorporated by reference as. Attachment “A.” 5. As a result of the inspection, a probable cause panel of the Board found probable cause to charge Evergreen, with violations of chapter 497, Florida Statutes, and the Department’s rules on October 27, 2008, and directed the Department to prosecute. COUNT ONE 6 The above general and specific allegations are hereby realleged and fully incorporated herein by reference. 7. The above mentioned inspection found that the cemetery grounds are not being reasonably maintained. The grounds are unkempt. The lawn is unmowed and strewn with litter. The grave markers are in disrepair. IT IS THEREFORE CHARGED that you, Evergreen, 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) Committing fraud, deceit, negligence, incompetency, or misconduct, in the practice of any of the activities regulated under this chapter [Section 497.152(1)(b), Florida Statutes]; (c) Failure to ensure that the grounds, structures, and other improvements of the cemetery are well cared for and maintained in a proper and dignified condition. [Section 497.262, 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 there under. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department of Financial Services ("Department") 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 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. ; 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 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. However, if you dispute material facts which are the basis for the Department’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. DATED and SIGNED this)" aay of __ November , 2008. by WHerwaa luster TAMMY TEOTON Deputy Chief Financial Officer 1. i CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to Evergreen Park Memorial Cemetery, Inc., at 3065 NW 54 Street, Miami, Florida 33127 by U.S. Certified Mail this \1*" day of _Afovember , 2008. { es A. Bossart, Assistant General Counsel \ Figrida Department of Financial Services ‘Pivision of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4124

Docket for Case No: 09-000117