REPRESENTING ALEX SINK CHIEF FINANCIAL OFFICER STATE OF FLORIDA IN THE MATTER OF: MORNING GLORY FUNERAL CHAPEL CASE NO.: 102557-09-FC OF ST. PETERSBURG, INC. FO 40186 / ADMINISTRATIVE COMPLAINT To: MORNING GLORY FUNERAL CHAPEL OF ST. PETERSBURG, INC. c/o Lisa Speights, FDIC and Owner 3301 5" Avenue South Saint Petersburg, Florida 33712 You, MORNING GLORY FUNERAL CHAPEL OF ST, PETERBURG, INC., by and through Lisa Speights, funeral director in charge and owner (hereinafter referred to as “Morning Glory St. Petersburg”), are hereby notified that the Department of Financial Services, Division of Funeral, Cemetery and Consumer Services (hereafter “the Department”) has conducted investigations in connection with your license to operate as a funeral establishment. On February 5, 2009, a probable cause panel found probable cause to charge MORNING GLORY FUNERAL CHAPEL OF ST. PETERSBURG, with violations of Chapter 497, Florida Statutes, and the Florida Administrative Code as set forth in this Administrative Complaint. The case number for this Administrative Complaint includes violations alleged within case numbers 96584-08-FC, 98909-08-FC, 101888-09-FC, which were presented to the probable cause panel. Based upon those Department investigations, it is alleged: Filed May 22, 2009. 9:52 AM Division of Administrative Hearings. GENERAL ALLEGATIONS 1. Pursuant to Section 20.121, Florida Statutes, Chapter 497, Florida Statutes, the “Florida Funeral, Cemetery and Consumer Services Act” and Chapter 69K, Florida Administrative Code, (hereinafter “the Act”), the Department is the state agency charged with regulating the practice of funeral establishments, funeral directing, and embalming. 2. The Board of Funeral, Cemetery and Consumer Services (hereinafter “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, or the Florida Administrative Code 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. 3. Section 497.152, Florida Statutes, sets forth conduct that is prohibited and shall constitute grounds for discipline or other enforcement action against the licensee. 4. Section 497.005(34), Florida Statutes, defines the term funeral establishment as “... a facility licensed under this chapter where a funeral director or embalmer practices funeral directing or embalming.” 5. Morning Glory Funeral Chapel of St. Petersburg, Inc., which is located at 3301 sh Avenue South, St. Petersburg, Florida was first licensed as a funeral establishment in the state of Florida on April 21, 2006, license number FO 40186 (formerly license number FH9002287), The license of Morning Glory St. Petersburg remained in effect through November 30, 2008, at which time the license expired due to non renewal. 6. Morning Glory Funeral Chapel, Inc. which is located at 5100 North Nebraska Avenue, Tampa, Florida (“Morning Glory of Tampa”) is a licensed funeral establishment in the state of Florida, having been issued licensed number FO 40186, pursuant to the provisions of the Act and the Florida Administrative Code. The license of Morning Glory of Tampa remained in effect through November 30, 2008, at which time the license expired. The funeral establishment license for Morning Glory St. Petersburg was renewed on January 15, 2009. 7. On or about June 26, 2007, Lisa Speights, licensed funeral director, notified the Department that she was transferring her funeral director’s license to Morning Glory St. Petersburg. Lisa Speights is the owner of Morning Glory St. Petersburg. 8. At all times material and relevant to this Administrative Complaint, Lisa Speights was licensed by the state of Florida as a funeral director and embalmer pursuant to the provisions of the Act, and issued license number FO 45057. 9. The Department conducted investigations into Lisa Speights and Morning Glory St. Petersburg’s activities based upon inspections conducted by the Department and complaints received by the Department. COUNT ONE 10. ‘The above general allegations are hereby realleged and fully incorporated herein by reference. 11. = On or about July 12, 2007, two Department examiners visited Morning Glory St. Petersburg and observed two bodies in the possession of Morning Glory St. Petersburg which did not have any identification placed on either of the bodies. 12, A Department examiner observed Reggie Roach and Charles Robinson, as operational personnel, wearing gowns and gloves assisting the funeral director in charge of Moring Glory St. Petersburg, Lisa Speights, with the two bodies. 13. During this visit, a Department examiner observed Charles Robinson placing cotton in the nose of one of the bodies in the possession of Morning Glory St. Petersburg. 14. Neither Reggie Roach nor Charles Robinson is licensed under the provisions of Chapter 497, Florida Statutes, and neither has completed a Board approved course in communicable diseases. IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: (a) “The licensee in charge of the final disposition of dead human remains shall, prior to final disposition of such dead human remains, affix to the ankle or wrist of the deceased, and on the casket, alternative container, or cremation container, a tag providing proper identification of the dead human remains.” [Section 497.171(1)(b), Florida Statutes] (b) “All individuals not licensed under this chapter who intend to be employed as operational personnel . . . as well as unlicensed individuals who intend to be involved in the removal or transportation of human remains on behalf of a funeral establishment ... shall complete one course approved by the licensing authority on communicable diseases, within ten (10) days after the date that they began functioning as operational personnel on behalf of any entity that is regulated by this chapter.” [Section 497.162, Florida Statutes] (c) “All non-licensed persons who will be involved in the removal or transportation of human remains for a funeral establishment must also successfully complete one Board approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla. Admin. Code] (d) “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] (e) “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT TWO 15. ‘The above general allegations are hereby realleged and fully incorporated herein by reference. 16. On or about July 26, 2007, Lisa Speights, on behalf of Morning Glory St. Petersburg, signed the permit for the release of the body of C.K. from the Hillsborough County Medical Examiner’s Department. 17. Also, on or about July 26, 2007, Lisa Speights, on behalf of Morning Glory St. Petersburg, signed a Statement of Funeral Goods and Services indicating the merchandise and services that would be provided by Morning Glory St. Petersburg for C.K.’s funeral service. 18. On or about July 30, 2007, C.K.’s beneficiary agreed to pay for funeral services by signing an Irrevocable Assignment and Power of Attorney which was also signed by Lisa Speights, in her capacity as a proprietor, partner, or officer of Morning Glory of Tampa. 19, On July 30, 2007, Harold Jones, an unlicensed individual, was the owner of Morning Glory of Tampa which is a licensed funeral establishment at 5100 North Nebraska Avenue, Tampa, Florida. 20. Lisa Speights, on behalf of Morning Glory St. Petersburg, assisted Harold Jones, in the unlicensed practice of funeral directing and Morning Glory of Tampa in the operation of a funeral establishment after the license of Lisa Speights had been transferred to Morning Glory St. Petersburg on June 26, 2007. IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: (a) “Aiding, assisting, procuring, employing, or advising any person or entity to operate or in operating an establishment regulated by this chapter without the required licensure under this chapter.” [Section 497.152(5)(e), Florida Statutes] (b) “Aiding, assisting, procuring, employing, or advising any person or entity to practice a profession or occupation regulated by this chapter without required licensure under this chapter.” [Section 497.152(5)(d), Florida Statutes] (c) “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] (d) “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] , COUNT THREE 21. The above general allegations are hereby realleged and fully incorporated herein by reference. 22. On or about August 21, 2007, a Statement of Funeral Goods and Services for the decedent E.J. was signed by Lisa Speights, on behalf of Morning Glory St. Petersburg. 23. Also, on or about August 21, 2007, Harold Jones, as operational personnel on behalf of Morning Glory St. Petersburg, signed for the release of the body of E.J. and removed and transported the body of E.J. from Tampa General Hospital. 24. Harold Jones, on behalf of Morning Glory St. Petersburg, removed and transported the body of EJ. without having completed a Board approved course in communicable diseases as required by the Act and the Florida Administrative Code. IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: (a) “All individuals not licensed under this chapter who intend to be employed as operational personnel . . . as well as unlicensed individuals who intend to be involved in the removal or transportation of human remains on behalf of a funeral establishment . . . shall complete one course approved by the licensing authority on communicable diseases, within ten (10) days after the date that they began functioning as operational personnel on behalf of any entity that is regulated by this chapter.” [Section 497.162, Florida Statutes] , (b) “All non-licensed persons who will be involved in the removal or transportation of human remains for a funeral establishment must also successfully complete one Board approved course on communicable diseases.” [Rule 69K-17.0035(1), Florida Administrative Code] (c)- “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] (d) “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT FOUR 25. The above general allegations are hereby realleged and fully incorporated herein by reference. 26. On or about May 23, 2007, an official check was issued from an account for the “V.G. Florida Pooled Trust Center for Special Needs Trust Administration” and .was made payable to Morning Glory located in Tampa, Florida in the amount of $6,885.00 for the account of V.G. This arrangement constituted a sale of preneed funeral merchandise and services for V.G. 27. . Neither Harold Jones, Morning Glory of Tampa, Lisa Speights, nor Morning Glory of St. Petersburg had a preneed license to sell preneed funeral merchandise and services. 28. On or about August 25, 2007, V.G. died at Bayshore Nursing Home located in Tampa, Florida. 29. Also, on or about August 25, 2007, funeral director, Lisa Speights, on behalf of Morning Glory St. Petersburg, signed the application for burial and transit permit for the body of V.G. 30. The funeral file of Morning Glory St. Petersburg for decedent V.G. contained a Statement of Funeral Goods and Services Selected with the handwritten statement “All Transactions are Irrevocable and Non-Refundable.” 31. Funeral director, Lisa Speights, on behalf of Morning Glory St. Petersburg, signed a Statement of Funeral Goods and Services Selected for decedent V.G. that indicated an address and phone number for Morning Glory of Tampa and not the address and phone number for Morning Glory St. Petersburg. 32. Harold Jones, an unlicensed individual, was the owner of Morning Glory of Tampa which was a licensed funeral establishment at 5100 North Nebraska Avenue, Tampa, Florida. 33. Section 497.005(54), Florida Statues, defines a preneed contract as “Any arrangement or method of which the provider of funeral merchandise or services has actual knowledge, whereby any person agrees to furnish funeral merchandise or service in the future. 34. Lisa Speights, on behalf of Morning Glory St. Petersburg assisted Harold Jones, in the unlicensed practice of funeral directing and Morning Glory of Tampa in the operation of a funeral establishment which is regulated by this chapter when her license had been transferred to Morning Glory St. Petersburg on June 26, 2007. IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: (a) “Each funeral establishment located at a specific address shall be deemed to be a separate entity and shall require separate licensing and compliance with the requirements of this chapter.” [Section 497.380(9), Florida Statutes] (b) “A funeral establishment must transact its business under the name by which it is licensed.” [Section 497.380(14), Florida Statutes] (c) “Aiding, assisting, procuring, employing, or advising any person or entity to operate or in operating an establishment regulated by this chapter without the required licensure under this chapter.” [Section 497.152(5)(e), Florida Statutes] (d) “Aiding, assisting, procuring, employing, or advising any person or entity to practice a profession or occupation regulated by this chapter without required licensure under this chapter..” [Section 497.152(5)(d), Florida Statutes] (ec) “No person, including any cemetery exempt under s. 497.260, may sell, advertise to sell, or make an arrangement for preneed contract without first having a valid preneed license.” [Section 497.452(1)(a), Florida Statutes] (f) “No person, including any cemetery exempt under s. 497.260, may sell, advertise to sell, or make an arrangement for services, merchandise, or burial rights on a preneed basis unless such person is authorized pursuant to this chapter to provide such services, merchandise, or burial rights on an at need basis.” [Section 497,452(1)(b), Florida Statutes] (g) “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] . (h) “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] . @ “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT FIVE 35. The above general allegations are hereby realleged and fully incorporated herein by reference. 10 36. A release form dated August 26, 2007, indicates that Harold Jones, on behalf of Morning Glory St. Petersburg, signed for the release of the body of R.R. and removed and transported the body of R.R. from LifePath Hospice House located in Tampa, Florida. 37. Harold Jones, as operational personnel on behalf of Morning Glory St. Petersburg, removed and transported the body of R.R. without having completed a Board approved course in communicable diseases as required by the Act and the Florida Administrative Code. 38. A Department examiner reviewed Morning Glory St. Petersburg’s funeral file for R.R., and the funeral file did not contain any embalming authorization. Lisa Speights, on behalf of Morning Glory St. Petersburg, signed a Statement of Funeral Goods and Services for the decedent R.R. which indicated embalming as part of the services sold and provided by Morning Glory St. Petersburg. IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: (a) “All individuals not licensed under this chapter who intend to be employed as operational personnel . . . as well as unlicensed individuals who intend to be involved in the removal or transportation of human remains on behalf of a funeral establishment ... shall complete one course approved by the licensing authority on communicable diseases, within ten (10) days after the date that they began functioning as operational personnel on behalf of any entity that is regulated by this chapter.” [Section 497.162, Florida Statutes] (b) “All non-licensed persons who will be involved in the removal or transportation of human remains for a funeral establishment must also successfully complete one Board approved course on communicable diseases.” [Rule 69K-17.0035(1), Florida Administrative Code] 11 (c) “Embalming human remains without first having obtained written or oral permission from a legally authorized person.” [Section 497.152(8)(d), Florida Statutes] (d) “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] (e) “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT SIX 39. The above general allegations are hereby realleged and fully incorporated herein by reference. 40. On or about August 27, 2007, Lisa Speights, on behalf of Morning Glory St. Petersburg, signed a Statement of Funeral Goods and Services for decedent J.H.’s funeral services, 41. | Morning Glory St. Petersburg’s funeral file for J.H. contained a funeral program which indicates funeral services and arrangements were provided by “Morning Glory Funeral Home of Tampa” located at 3004 N. 22"! Street, Tampa, Florida. Morning Glory of St. Petersburg did not transact business under the name by which it is licensed by the Board. 42. Morning Glory St. Petersburg’s funeral file for J.H. contained a fax to Harold Jones, an unlicensed individual, requesting a new funeral bill and death certificates. 43, Lisa 'Speights aided, assisted, procured, employed, or advertised for Harold Jones, an unlicensed individual, in the practice of funeral directing and Morning Glory of Tampa in the 12 operation of a funeral establishment which is regulated by this chapter without the required licensure of this chapter when her license had been transferred to Morning Glory St. Petersburg on June 26, 2007. IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: (a) “Aiding, assisting, procuring, employing, or advising any person or entity to operate or in operating an establishment regulated by this chapter without the required licensure under this chapter.” [Section 497.152(5)(e), Florida Statutes} (b) “Aiding, assisting, procuring, employing, or advising any person or entity to practice a profession or occupation regulated by this chapter without required licensure under this chapter..” [Section 497.152(5)(d), Florida Statutes] (c) “Each funeral establishment located at a specific address shall be deemed to be a separate entity and shall require separate licensing and compliance with the requirements of this chapter.” [Section 497.380(9), Florida Statutes] (d) “A funeral establishment must transact its business under the name by which it is licensed.” [Section 497.380(14), Florida Statutes] (e) “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] (f) “Violating any provision of this’ chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT SEVEN 13 44. The above general allegations are hereby realleged and fully incorporated herein by reference. 45, On or about November 9, 2007, the body of J.B. was delivered to the Hillsborough County Medical Examiners Office by Jimmie Jones, as operational personnel, on behalf of Morning Glory St. Petersburg. 46. Jacqueline Lee, M.D., an employee of the Hillsborough County Medical Examiners Office, stated that two boxes of human viscera (Viscera A and Viscera B) were received with the cardboard box containing the body of J.B. 47. On or about November 26, 2007, Charles Robinson, as operational personnel, on behalf of Morning Glory St. Petersburg, signed for the receipt of Viscera A and Viscera B and removed and transported both Viscera A and Viscera B from the Hillsborough County Medical Examiners Office. 48. Neither Jimmie Jones nor Charles Robinson held a license under Chapter 497, Florida Statutes, and had not completed a Board approved course on communicable diseases as required by the Act and the Florida Administrative Code. IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: (a) “All individuals not licensed under this chapter who intend to be employed as operational personnel . . . as well as unlicensed individuals who intend to be involved in the removal or transportation of human remains on behalf of a funeral establishment ... shall complete one course approved by the licensing authority on communicable diseases, within ten (10) days after the date that they began functioning as operational personnel on behalf of any entity that is regulated by this chapter.” [Section 497.162, Florida Statutes] (b) “All non-licensed persons who will be involved in the removal or transportation of human remains for a funeral establishment must also successfully complete one Board approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla, Admin. Code] (c) “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] (d) “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT EIGHT 49. The above general allegations are hereby realleged and fully incorporated herein by reference. 50. On or about September 21, 2007, the Department conducted an inspection. of the funeral establishment Morning Glory St. Petersburg at 3301 5™ Avenue South, St. Petersburg, Florida and found several violations. 51. During the Department’s inspection conducted on September 21, 2007, a Department examiner found that Morning Glory St. Petersburg’s preparatory room was dirty and not kept in a sanitary manner as required by Rule 69K-21 .003(5), Fla. Admin, Code. 52. During this same Department inspection, a Department examiner observed that Morning Glory St. Petersburg’s establishment license was not displayed in open public view, and casket prices were not conspicuously displayed on or in the caskets as required by Section 497.152(12)(f), Florida Statutes. 53. Also during this same inspection, a Department examiner reviewed Morning 15 Glory St. Petersburg’s funeral records and determined that purchasers were not provided an itemized price list of funeral items or services purchased along with the funeral establishment’s name, address, and telephone number. Further violations found during the Department’s inspection were that written agreements did not contain a disclosure statement and the signature of the purchaser and funeral director were not contained on all written agreements. 54. A Department examiner, reviewing the funeral records for Morning Glory St. Petersburg during this same inspection, observed that health and safety courses were not provided to operational personnel as required by Section 497.162, Florida Statutes and Rule 69K-17.0035(1), Fla. Admin. Code. IT IS THEREFORE CHARGED that MORNING GLORY ST. PTERSBURG has violated or is accountable under the following provisions of the Act: (a) “Preparation room shall meet the requirements of the Department of Health Chapter 64E-16, F.A.C., which prescribes minimum sanitary practices. relating to the management of biomedical waste, including segregation, handling, labeling, storage, transport and treatment. Room shall be maintained in a clean and sanitary manner.” [Rule 69K-21.003(5), Fla. Admin. Code] (b) Failing to have the price of any casket offered for sale clearly marked on or in the casket, [Section 497.152(12)(f), Florida Statutes] (c) “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. The following documents must be readily available, upon demand, for public inspection at all times: .... Latest inspection report 16 or copies thereof; ...” [Rule 69K-21.005(1)(b), Fla. Admin. Code] (d) “Failing to furnish, for retention, to anyone who inquires in person about burial rights, burial or funeral merchandise, or burial or funeral services, before any discussion of selection, a printed or typewritten list specifying the range of retail prices for such rights, merchandise, or services. At a minimum, the list shall itemize the highest and lowest priced product and service regularly offered and shall include the name, address, and telephone number of the licensee and statements that the customer may choose only the items the customer desires, that the customer will be charged for only those items selected, and that there may be other charges for other items or other services.” [Section 497.152(12)(b), Florida Statutes] (ce) “Failing to furnish, for retention, to each purchaser of burial rights, burial or funeral merchandise, or burial or funeral services a written agreement, the form of which has been previously approved if and as required by this chapter, that lists in detail the items and services purchased together with the prices for the items and services purcliased; the name, address, and telephone number of the licensee; the signatures of the customer and the licensee or her or his representative; and the date signed.” [Section 497.152(11)(a), Florida Statutes] (f) “All individuals not licensed under this chapter who intend to be employed as operational personnel . . . as well as unlicensed individuals who intend to be involved in the removal or transportation of human remains on behalf of a funeral establishment... shall complete one course approved by the licensing authority on communicable diseases, within ten (10) days after the date that they began functioning as operational personnel on behalf of any entity that is regulated by this chapter.” [Section 497.162, Florida Statutes] 17 (g) “All non-licensed persons who will be involved in the removal or transportation of human remains for a funeral establishment must also successfully complete one Board approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla. Admin. Code] (h) “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] @ “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT NINE 55, On or about December 20, 2007, a fax to the Division of Funeral, Cemetery and Consumer Services was received from Lisa Speights listing the OSHA training for Charles Robinson and Jimmy Jones in which a fax copy of the training certificates for Charles Robinson and Jimmie Jones were provided. 56. After reviewing the training certificates for Charles Robinson and Jimmie Jones, the training provider, Robert Short, stated that he did not provided OSHA training for either Charles Robinson or Jimmie Jones. 57. Lisa Speights knowingly caused to be submitted to the Department fraudulent OSHA training certificates for both Charles Robinson and Jimmie Jones when she knew or should have known Charles Robinson and Jimmie Jones had not completed an OSHA training course and that the OSHA training certificates were not valid. IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: 18 (a) “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] (b) “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” | [Section 497.152(1)(a), Florida Statutes] COUNT TEN 58. The above general allegations are hereby realleged and fully incorporated herein by reference. 59. On or about January 8, 2008, Charles Robinson, as operational personnel, on behalf of Morning Glory St. Petersburg, signed for the release of the body of L.W. and removed and transported the body of L.W. from University Community Hospital located in Tampa, Florida. 60. Charles Robinson removed and transported the body of L.W. without having completed a Board approved course in communicable diseases as required by the Act and the Florida Administrative Code. IT IS THEREFORE CHARGED that MORNING GLORY ST. PTERSBURG has violated or is accountable under the following provisions of the Act: (a) “All individuals not licensed under this chapter who intend to be employed as operational personnel . . . as well as unlicensed individuals who intend to be involved in the removal or transportation of human remains on behalf of a funeral establishment ... shall complete one course approved by the licensing authority on communicable diseases, within ten 19 (10) days after the date that they began functioning as operational personnel on behalf of any entity that is regulated by this chapter.” [Section 497.162, Florida Statutes] (b) “AI non-licensed persons who will be involved in the removal or transportation of human remains for a funeral establishment must also successfully complete one Board approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla, Admin. Code] (c) “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] (d) “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT ELEVEN 61. The above general allegations are hereby realleged and fully incorporated herein by reference. 62. On or about January 9, 2008, Charles Robinson, as operational personnel, on behalf of Morning Glory St. Petersburg, signed for the release of the body of L.H. and removed and transported the body of L.H. from the Medical Examiner Department located in Hillsborough, Florida 63. Charles Robinson removed and transported the body of L.H. without having completed a Board approved course in communicable disease as required by the Act and the Florida Administrative Code. IT IS THEREFORE CHARGED that MORNING GLORY ST. PTERSBURG has violated or is accountable under the following provisions of the Act: 20 (a) “All individuals not licensed under this chapter who intend to be employed as operational personnel . . . as well as unlicensed individuals who intend to be involved in the removal or transportation of human remains on behalf of a funeral establishment ... shall complete one course approved by the licensing authority on communicable diseases, within ten (10) days after the date that they began functioning as operational personnel on behalf of any entity that is regulated by this chapter.” [Section 497.162, Florida Statutes] (b) “All non-licensed persons who will be involved in the removal or transportation of human remains for a funeral establishment must also successfully complete one Board approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla. Admin. Code] (c) “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] (d) “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT TWELVE 64. The above general allegations are hereby realleged and fully incorporated herein by reference. 65. On or about January 15, 2008, Charles Robinson, as operational personnel, on behalf of Morning Glory St. Petersburg, signed for the release of the body of L.P. and removed and transported the body of L.P. from St. Joseph Hospital. 66. Charles Robinson removed and transported the body of L.P. without having completed a Board approved course in communicable disease as required by the Act and the 21 Florida Administrative Code. IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: (a) “All individuals not licensed under this chapter who intend to be employed as operational personnel . . . as well as unlicensed individuals who intend to be involved in the removal or transportation of human remains on behalf of a funeral establishment... shall complete one course approved by the licensing authority on communicable diseases, within ten (10) days after the date that they began functioning as operational personnel on behalf of any entity that is regulated by this chapter.” [Section 497.162, Florida Statutes] (b) “All non-licensed persons who will be involved in the removal or transportation of human remains for a funeral establishment must also successfully complete one Board approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla. Admin. Code] (c) “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] (d) “Violating any provisions of this chapter or lawful order of the board or department or the statutory predecessors to the board or department.” [Section 497,152(1)(a), Florida Statutes] COUNT THIRTEEN 67. The above general allegations are hereby realleged and fully incorporated herein by reference. 68. On or about February 12, 2008, the Department conducted an inspection to determine if previously cited violations had been corrected from a prior Department inspection 22 conducted on September 21, 2007. 69. On February 12, 2008, a Department examiner observed that biomedical waste was not picked up. 70. A Department examiner made a finding during this same inspection that Morning Glory St. Petersburg did not provide health and safety education to Charles Robinson. 71. A Department examiner also observed that two embalmed bodies in the casket display room and one body in the preparation room had toe tags as the only identification placed on deceased. 72. A Department examiner also observed that the preparation room’s linoleum floor was torn and expositig the porous concrete floor underneath the linoleum. The preparation room did not have sheets and towels as required by the Act. 73. The funeral establishment did not have a current copy of the inspection rules available. . IT IS THEREFORE CHARGED that MORNING GLORY ST. PTERSBURG has violated or is accountable under the following provisions of the Act: (a) “Every funeral establishment licensed under this chapter shall at all times be subject to the inspection of all its buildings, grounds, and vehicles used in the conduct of its business, by the department or any of its designated representatives or agents, or local or | Department of Health inspectors. The licensing authority shall by rule establish requirements for inspection of funeral establishments.” [Section 497.380(10), Florida Statutes] (b) “The Department shall inspect funeral establishments on the basis of ... sanitary floors with non-porous surface...”. [Rule 69K-21.003(1)(c), Fla. Admin. Code] (c) “The current establishment license and the license of any funeral director or 23 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. The following documents must be readily available, upon demand, for public inspection at all times: .... Current copy of inspection rules and inspection criteria adopted by the Board or Department.” [Rule 69K-~ 21.005(1)(c), Fla. Admin. Code] (d) “Preparation room shall meet the requirements of the Department of Health Chapter 64E-16, F.A.C., which prescribes minimum sanitary practices relating to the management of biomedical waste, including segregation, handling, labeling, storage, transport and treatment. Room shall be maintained in a clean and sanitary manner.” [Rule 69K-21.003(5), Fla. Admin. Code] (ec) “All individuals not licensed under this chapter who intend to be employed as operational personnel .. . as well as unlicensed individuals who intend to be involved in the removal or transportation of human remains on behalf of a funeral establishment... shall complete one course approved by the licensing authority on communicable diseases, within ten (10) days after the date that they began functioning as operational personnel on behalf of any entity that is regulated by this chapter.” [Section 497.162, Florida Statutes] (f) “All non-licensed persons who will be involved in the removal or transportation of human remains for a funeral establishment must also successfully complete one Board approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla. Admin. Code] (g) “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] 24 (h) “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT FOURTEEN 74, The above general allegations are hereby realleged and fully incorporated herein by reference. 75. On or about June 24, 2008, Harold Jones and Lisa Speights met with family members of the decedent K.P. to make funeral arrangements for K.P. 76. Neither a general price list nor a contract for funeral services was provided to the family members of K.P. during meeting for funeral arrangements. 77. A check was made payable to Lisa Speights in the amount of $100 and another $100 cash payment was given to Lisa Speights during a meeting with the family for a down payment for K.P.’s funeral arrangements. IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: (a) “Failing to furnish, for retention, to anyone who inquires in person about burial rights, burial or funeral merchandise, or burial or funeral services, before any discussion of selection, a printed or typewritten list specifying the range of retail prices for such rights, merchandise, or services. At a minimum, the list shall itemize the highest and lowest priced product and service regularly offered and shall include the name, address, and telephone number of the licensee and statements that the customer may choose only the items the customer desires, that the customer will be charged for only those items selected, and that there may be other charges for other items or other services.” [Section 497.152(12)(b), Florida Statutes] 25 (b) “Failing to furnish, for retention, to each purchaser of burial rights, burial or funeral merchandise, or burial or funeral services a written agreement, the form of which has been previously approved if and as required by this chapter, that lists in detail the items and services purchased together with the prices for the items and services purchased; the name, address, and telephone number of the licensee; the signatures of the customer and the licensee or her or his representative; and the date signed.” [Section 497.152(11)(a), Florida Statutes] (c) “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] (d) “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT FIFTEEN 78. The above general allegations are hereby realleged and fully incorporated herein by reference. 79. On or about June 24, 2008, Lisa Speights, on behalf of Morning Glory St. Petersburg, signed a permit for the release of the body of K.P. 80. On or about June 25, 2008, Harold Jones, as operational personnel on behalf of Morning Glory St. Petersburg, signed a receipt for the body of K.P. and removed and transported the body of K.P. from the Office of the District 10 Medical Examiner. 81. | Harold Jones removed and transported the body of K.P. without completing a Board approved course in communicable diseases as required by the Act and the Florida Administrative Code. 26 IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: (a) “All individuals not licensed under this chapter who intend to be employed as operational personnel . . . as well as unlicensed individuals who intend to be involved in the removal or, transportation of human remains on behalf of a funeral establishment ... shall complete one course approved by the licensing authority on communicable diseases, within ten (10) days after the date that they began functioning as operational personnel on behalf of any entity that is regulated by this chapter.” [Section 497.162, Florida Statutes] (b) “ATI non-licensed persons who will be involved in the removal or transportation of human remains for a funeral establishment must also successfully complete one Board approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla. Admin. Code] (c) “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] (d) “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT SIXTEEN 82. The above general allegations are hereby realleged and fully incorporated herein by reference. 83. On or about June 25, 2008, Lisa Speights, on behalf of Moring Glory St. Petersburg, embalmed the body of K.P. as indicated on the June 2008 Bodies Handled Report filed with the Department for Morning Glory of St. Petersburg. 27 84. Neither Morning Glory St. Petersburg nor Lisa Speights had received permission from a legally authorized person before Lisa Speights embalmed the body of K.P. IT IS THEREFORE CHARGED that MORNING GLORY ST, PETERSBURG has violated or is accountable under the following provisions of the Act: (a) “Embalming human remains without first having obtained written or oral permission from a legally authorized person; however, washing and other public health procedures, such as closing of the orifices by placing cotton soaked in a disinfectant in such orifices until authorization to embalm is received, shall not be precluded. If oral permission is granted, the licensee shall obtain written permission within a reasonable time as established by board rule.” [Section 497.4528), 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) “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT SEVENTEEN 85. The above general allegations are hereby realleged and fully incorporated herein by reference. 86. On or about June 26, 2008, family members, of the late K.P., contacted another funeral home to provide funeral services for K.P. 28 87. Family members, of the decedent, K.P., went to Morning Glory Funeral Chapel located at 3004 N. 22" Street in Tampa, Florida and met with Harold Jones, an unlicensed individual. 88. Harold Jones informed the family members that the body of K.P. was located in the St. Petersburg’s location of Morning Glory. 89. While at this Tampa location the family members of the late K.P. observed two separate funeral viewings taking place with only Harold Jones, an unlicensed individual, present at this location of 3004 N, 22™ Street in Tampa, Florida. 90. Lisa Speights, on behalf of Morning Glory St. Petersburg is assisting Harold Jones, in the unlicensed practice of funeral directing and Morning Glory of Tampa in the operation of a funeral establishment which is regulated by this chapter when her license had been transferred to Morning Glory St. Petersburg on June 26, 2007. IT IS THEREFORE CHARGED that MORNIG GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: (a) “Aiding, assisting, procuring, employing, or advising any person or entity to practice a profession or occupation regulated by this chapter without required licensure under this chapter..” [Section 497.152(5)(d), Florida Statutes] (b) “Aiding, assisting, procuring, employing, or advising any person or entity to operate or in operating an establishment regulated by this chapter without the required licensure under this chapter.” [Section 497.152(5)(e), Florida Statutes] (c) “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] 29 (d) “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT EIGHTEEN 91. The above general allegations are hereby realleged and fully incorporated herein by reference. 92. Between June 26, 2008 and June 30, 2008, family members of K.P. requested to see the body of K.P. 93. During this time, family members of K.P. were not allowed to see the body of K.P. 94. On or about June 30, 3008, Lisa Speights refused to surrender the body of K.P. until after payment of an additional $800 was received by her. 95. On or about June 30, 2008, Mr. Lawrence Epps, Funeral Director of Epps Mortuary, paid Lisa Speights, on behalf of Morning Glory of St. Petersburg, $800 before Lisa Speights would release the body of K.P. IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: (a) “Refusing to surrender promptly the custody of a dead human body upon the express order of the person legally authorized to its custody.” [Section 497.152(8)(b), 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] 30 (c) | “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT NINETEEN 96. The above general allegations are hereby realleged and fully incorporated herein by reference. 97. On or about July 1, 2008, a viewing of the body of K.P. took place at Morning Glory St. Petersburg. 98. Family members of the deceased K.P. provided the Department with sworn affidavits stating that in the viewing of his body at the funeral home of Morning Glory St. Petersburg on July 1, 2008, they observed “maggots on the face” of the deceased. 99. Family members also stated in their sworn affidavits that during this same viewing a foul odor permeated around the body of K.P. 100. The appearance of maggots on the face of K.P. is clear evidence of Morning Glory St. Petersburg’s failure to comply with the requirements for proper refrigeration and/or embalming of bodies. 101. The body of K.P. was not treated with dignity and respect based on the conditions the body of K.P. was observed by family members of the deceased, 102. Morning Glory St. Petersburg practiced below the standards of acceptable funeral establishment standards within the funeral establishment industry. IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: 31 (a) “A dead human body may not be held in any place or in transit over 24 hours after death or pending final disposition unless the body is maintained under refrigeration at a temperature of 40 degrees Fahrenheit or below or is embalmed or otherwise preserved in a manner approved by the licensing authority in accordance with the provisions of this chapter.” [Section 497.386(2), Florida Statutes] (b) “The licensing authority shall establish by rule the minimal ‘standards of acceptable and prevailing practices for the handling and storing of dead human bodies, provided that all human remains transported or stored must be completely covered and at all times treated with dignity and respect.” [Section 497.386(4), Florida Statutes] (c) “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 with sanitary floors with non-porous surface;” [Rule 69K-21,003(1)(c), Fla. Admin, Code] (ad) “Preparation room shall meet the requirements of the Department of Health Chapter 64E-16, F.A.C., which prescribes minimum sanitary practices relating to the management of biomedical waste, including segregation, handling, labeling, stotage, transport and treatment. Room shall be maintained in a clean and sanitary manner.” [Rule 69K-~21.003(5), Fla. Admin. Code} (ec) “Failing to adopt and implement standards for the proper investigation and resolution of claims and complaints received by a licensee relating to the licensee's activities regulated by this chapter.” [Section 497.152(14)(a), Florida Statutes] (63) “Embalming human remains without first having obtained written or oral permission from a legally authorized person; however, washing and other public health 32 procedures, such as closing of the orifices by placing cotton soaked in a disinfectant in such orifices until authorization to embalm is received, shall not be precluded. If oral permission is granted, the licensee shall obtain written permission within a reasonable time as established by board rule.” [Section 497.152(8)(d), Florida Statutes] (g) “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] (h) “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT TWENTY 103. The above general allegations are hereby realleged and fully incorporated herein by reference. | 104, On or about January 21, 2008, Palm State Crematory notified the Department that they no longer would be providing removal, refrigeration, and cremation services for Morning Glory St. Petersburg. 105. Palm State Crematory notified Morning Glory St. Petersburg that they would no longer provide refrigeration and cremation services to Morning Glory St. Petersburg. 106. On or about July 9, 2008, the Department received the June 2008 report for bodies handled by Morning Glory St. Petersburg which clearly indicates “Palm State Crematory Services” as the facility used to refrigerate and cremate bodies for Morning Glory St. Petersburg. 107. Palm State Crematory did not provide refrigeration or cremation services to Morning Glory St. Petersburg as indicated on the June 2008 report filed with the Department. 33 108. Lisa Speights, on behalf of Morning Glory St. Petersburg, signed the June 2008 report for the bodies handled by Morning Glory St. Petersburg which contained false information by indicating “Palm State Crematory Services” as the facility used to refrigerate and cremate bodies for Morning Glory St. Petersburg. 109. Lisa Speights, on behalf of Morning Glory St. Petersburg, knew or should have known Palm State Crematory Services did not provide refrigeration nor cremation services for the reported bodies handled by Morning Glory St. Petersburg in the month of June 2008 when six month earlier, in January 2008, Palm State notified the Department that they would no longer provide refrigeration and cremation services to Morning Glory St. Petersburg. IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: (a) “Making or filing a report or statement to or with any government entity that the licensee knows or has reason to know to be false; or intentionally or negligently failing to file a report or record required to be filed with any government entity, or willfully impeding or obstructing another person to do so, or inducing another person to impede or obstruct such filing.” [Section 497,152(4)(g), 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) “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT TWENTY-ONE 34 110. The above general allegations are hereby realleged and fully incorporated herein by reference. 111. On or about August 11, 2008, the Department conducted an inspection of Morning Glory St. Petersburg and a Department examiner indicated the deficiencies and violations of the Act in a report. Lisa Speights, on behalf of Morning Glory St. Petersburg, was provided a copy of this report. 112. Asa result of this Department inspection it was found that an advertisement was run in the Polk County Advertiser for Morning Glory St. Petersburg that did not include the name of the funeral establishment, as required by the Act. 113. During the inspection conducted on August 11, 2008, a Department examiner observed the following deficiencies: Body fluids and hair on the preparation room sink The linoleum floor torn completely through to the concrete subflooring in the preparation room The casket price list did not include the name “Morning Glory, St. Petersburg” and the address “3301 5" Avenue, St. Petersburg, Florida.” Operational personnel, Norris Mallory, had not completed an approved health and safety training course. No written procedures for handling complaints were maintained by Morning Glory St. Petersburg. : Lisa Speights, on behalf of Morning Glory St. Petersburg, did not obtain written permission to embalm the body of E.Q from a legally authorized person prior to the interment. IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: 35 (a) “Every funeral establishment licensed under this chapter shall at all times be subject to the inspection of all its buildings, grounds, and vehicles used in the conduct of its business, by the department or any of its designated representatives or agents, or local or Department of Health inspectors. The licensing authority shall by rule establish requirements for inspection of funeral establishments.” [Section 497.380(10), 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 with sanitary floors with non-porous surface;” [Rule 69K-21.003(1)(0), Fla. Admin. Code] (c) “Preparation room shall meet the requirements of the Department of Health Chapter 64E-16, F.A.C., which prescribes minimum sanitary practices relating to the management of biomedical waste, including segregation, handling, labeling, storage, transport and treatment. Room shall be maintained in a clean and sanitary manner.” [Rule 69K-21.003(5), Fla. Admin. Code] (d) “Failing to furnish, for retention, to anyone who inquires in person about burial rights, burial or funeral merchandise, or burial or funeral services, before any discussion of selection, a printed or typewritten list specifying the range of retail prices for such rights, merchandise, or services. At a minimum, the list shall itemize the highest and lowest priced product and service regularly offered and shall include the name, address, and telephone number of the licensee and statements that the customer may choose only the items the customer desires, that the customer will be charged for only those items selected, and that there may be other charges for other items or other services.” [Section 497.152(12)(b), Florida Statutes] 36 (e) “All individuals not licensed under this chapter who intend to be employed as operational personnel . . . as well as unlicensed individuals who intend to be involved in the removal or transportation of human remains on behalf of a funeral establishment ... shall complete one course approved by the licensing authority on communicable diseases, within ten (10) days after the date that they began functioning as operational personnel on behalf of any entity that is regulated by this chapter.” [Section 497.162, Florida Statutes] (i “All non-licensed persons who will be involved in the removal or transportation of human remains for a funeral establishment must also successfully complete one Board approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla. Admin. Code] (g) “Failing to adopt and implement standards for the proper investigation and resolution of claims-and complaints received by a licensee relating to the licensee's activities regulated by this chapter.” [Section 497.152(14)(a), Florida Statutes] (hb) “Embalming human remains without first having obtained written or oral permission from a legally authorized person; however, washing and other public health procedures, such as closing of the orifices by placing cotton soaked in a disinfectant in such orifices until authorization to embalm is received, shall not be precluded. If oral permission is granted, the licensee shall obtain written permission within a reasonable time as established by board rule.” [Section 497.152(8)(d), Florida Statutes] (9) “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] 37 @ “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT TWENTY-TWO 114, The above general allegations are hereby realleged and fully incorporated herein by reference. 115. On or about December 1, 2008, the funeral establishment license of Morning Glory St. Petersburg expired for non-renewal. 116. According to the December 2008 Bodies Handled Report filed with the Department, Morning Glory St. Petersburg operated a funeral establishment without a valid funeral establishment license. IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: (a) “No person or entity shall engage in any activity for which a license is required under this chapter, without holding such licensure in good standing.” [Section 497.157(1)(a), Florida Statutes} (b) “A funeral establishment license shall be renewable biennially pursuant to procedures, and upon payment of a non-refundable fee not to exceed $500, as set by licensing authority rule.” [Section 497.380(5), Florida Statutes] (c) “Practicing or attempting to practice with a revoked, suspended, or delinquent license.” [Section 497.152(5)(b), Florida Statues] 38 (c) “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] COUNT TWENTY-THREE 117. The above general allegations are hereby realleged and fully incorporated herein by reference. 118. On January 8, 2009, the Department’s Division of Funeral, Cemetery and Consumer Services became aware of a consumer complaint against Morning Glory St. Petersburg and opened an investigation regarding that complaint on that date. 119. In the conduct of its investigation, Department examiners obtained sworn affidavits from family members of the deceased D.W. stating that in the viewing of her body at the funeral home of Morning Glory St. Petersburg on December 28, 2008, they observed “maggots on the face” of the deceased. 120. On December 28, 2008, Lisa Speights was alerted to the presence of maggots on the face of the deceased prior to the viewing and Lisa Speights removed the maggots by hand on two separate occasions and sprayed the decedent’s face with disinfectant. 121. Lisa Speights did not remove the body to address the problem as dictated by industry customs and professional standards, Lisa Speights instead attempted to prevent family members from viewing the body by locking the doors of the funeral home. 122. The appearance of maggots on the face of D.W. are clear evidence of Morning Glory St. Petersburg and Lisa Speights failure to comply with the requirements for proper refrigeration and/or embalming of bodies. 39 123. The disregard for the laws of this state regarding the proper, respectful handling of dead bodies and the lack of comprehension of the emotional fragility of the families they serve displayed by Morning Glory St. Petersburg demonstrate practices below the standards of acceptable funeral establishment standards within the funeral establishment industry. IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has violated or is accountable under the following provisions of the Act: (a) “No person or entity shall engage in any activity for which a license is required under this chapter, without holding such licensure in good standing.” [Section 497.157(1)(a), Florida Statutes] (b) “A dead human body may not be held in any. place or in transit over 24 hours after death or pending final disposition unless the body is maintained under refrigeration at a temperature of 40 degrees Fahrenheit or below or is embalmed or otherwise preserved in a manner approved b the licensing authority in accordance with the provisions of this chapter.” [Section 497.386(2), Florida Statutes] (b) “The licensing authority shall establish by rule the minimal standards of acceptable and prevailing practices for the handling and storing of dead human bodies, provided that all human remains transported or stored must be completely covered and at all times treated with dignity and respect.” [Section 497.386(4), Florida Statutes] (c) “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 with sanitary floors with non-porous surface.” [Rule 69K-21.003(1)(c), Fla. Admin. Code] (d) “Preparation room shall meet the requirements of the Department of Health 40 Chapter 64E-16, F.A.C., which prescribes minimum sanitary practices relating to the management of biomedical waste, including segregation, handling, labeling, storage, transport and treatment. Room shall be maintained in a clean and sanitary manner.” [Rule 69K-21.003(5), Fla. Admin. Code] (f) “Failing to adopt and implement standards for the proper investigation and resolution of claims and complaints received by a licensee relating to the licensee's activities regulated by this chapter.” [Section 497.152(14)(a), Florida Statutes] (g) “Embalming human remains without first having obtained written or oral permission from a legally authorized person; however, washing and other public health procedures, such as closing of the orifices by placing cotton soaked in a disinfectant in such orifices until authorization to embalm is received, shall not be precluded. If oral permission is granted, the licensee shall obtain written permission within a reasonable time as established by board rule.” [Section 497.152(8)(d), Florida Statutes] (h) “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] (i) “Violating any provision of this chapter or lawful order of the board or department of the statutory predecessors to the board or department.” [Section 497.152(1)(a), Florida Statutes] WHEREFORE, the Petitioner respectfully request that the Board of Funeral, Cemetery and Consumer Services to enter an order imposing one or more of the following penalties: revocation or suspension of Morning Glory St. Petersburg’s funeral establishment license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement 41 of Morning Glory St. Petersburg’s license on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate under the provisions of subsection 497.153(5), Florida Statutes, and Fla. Admin. Code R. 61G8-30 as re- enacted by Fla. Admin. Code R. 69K-30. NOTICE REGARDING ASSESSMENT OF COSTS: Licensee/Respondent is placed on notice that the Department has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 497.153(5)(b), Florida Statutes, the Board may assess costs related to the investigation and prosecution of a disciplinary matter, including attorney related time and costs, on the Licensee/Respondent in addition to any other discipline imposed. NOTICE OF RIGHTS Pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-106, Florida Administrative Code, you have the right to request a proceeding to contest this action by the Department of Financial Services ("Department"). 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 42 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 Sections 120.57(2) and 497.153(4)(b), Florida Statutes, apply. You may either submit a written statement and documentary evidence to the Board in lieu of a hearing, or personally attend a hearing conducted by the Board at the location of a regularly scheduled Board meeting. 43 However, if you dispute material facts that 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 3 day of February, 2009. —y nntiors TAMMY TESTON Deputy Chief Financial Officer 44 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING FORM has been furnished by U.S. Certified Mail, return receipt requested this Fy of February, 2009, to: Morning Glory Funeral Chapel of St. Petersburg c/o Lisa Speights, FDIC and Owner 3301 5" Avenue South St. Petersburg, Florida 33712 Asst. General Counsel Fla. Bar. No.: 0230560 Florida Department of Financial Services 200 E. Gaines St. Tallahassee, FL 32399-4247 Phone (850) 413-4180 Fax: (850) 488-0697 Counsel for the Department 45 STATE OF FLORIDA BOARD OF FUNERAL, CEMETERY AND CONSUMER SERVICES IN THE MATTER OF: MORNING GLORY FUNERAL CHAPEL CASE NO.: 102557-09-FC OF ST. PETERSBURG, INC. , FO40186 / ELECTION OF PROCEEDING I have received and have read the Administrative Complaint filed by the Florida Department of Financial Services ("Department") against me, including the Notice of Rights contained therein, and I understand my options: I am requesting disposition of this matter as indicated below. (CHOOSE ONE) 1t] 3.0] I do not dispute any of the Departments factual allegations and 1 do not desire a hearing. I understand that by waiving my right to a hearing, the Board of Funeral, Cemetery and Consumer Services (“Board”) may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my license(s) as may be appropriate. I do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with Sections 120.57(2) and 497, 153(4)(b), Florida Statutes, In this regard, I desire to (CHOOSE ONE): {J Submit a written statement and documentary evidence to the Board in lieu of a hearing; or {] Personally attend a hearing conducted by the Board at the location of a regularly scheduled Board meeting, I do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to Section 120,57(1), Florida Statutes, to be held before the Division of Administrative Hearings. I have attached to this election form the information required by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (c) of the Notice of Rights. Specifically, I have identified the disputed issues of material fact in the response attached hereto. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: General Counsel acting as Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Signature Print Name Date: Address: Date Administrative Complaint Received: If you are represented by an attorney or qualified Phone No.: representative, please attach to this election form his or her name, address, telephone and fax numbers Fax No.:

Docket for Case No: 09-002848