~ FILED JUN 26 2009 IN THE MATTER OF: Docketed by WRIGHT & YOUNG FUNERAL HOME, INC, CASE NO. 103361-09-FC FO 39941 / ADMINISTRATIVE COMPLAINT To: WRIGHT & YOUNG FUNERAL HOME INC. 15332 NW 7" Avenue Miami, Florida 33169 WRIGHT & YOUNG FUNERAL HOME, INC. Jacqueline Young, Owner 9011 South Lade Miramar Circle Miramar, Florida 33025 You, WRIGHT & YOUNG FUNERAL HOME INC. (hereinafter “WRIGHT & YOUNG”), are hereby notified that the State of Florida Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services (hereinafter “Department”) has conducted an investigation in connection with your license to operate as a funeral establishment. On June 10, 2009, a probable cause panel found probable cause to charge you, WRIGHT & YOUNG, with violations of Chapter 497, Florida Statutes, and the Florida Administrative Code as set forth in this Administrative Complaint. This Administrative Complaint includes violations alleged within investigation report number SR# 1-507591226 and SR#1-597557417 which was presented to the probable cause panel. Based upon those Department inspections and examinations it is alleged: GENERAL ALLEGATIONS 1. At all times material and relevant to this Administrative Complaint, you, WRIGHT & YOUNG, located at 15332 NW 7" Avenue, Miami, Florida, was a licensed funeral Filed September 10, 2009 1:27 PM Division of Administrative Hearings. establishment, having been issued license number FO39941. You, WRIGHT & YOUNG, were first licensed as a funeral establishment in the State of Florida on July 12, 2005. 2. Pursuant to Section 20.121, Florida Statutes, Chapter 497, Florida Statutes, and Chapter 69K, Florida Administrative Code, (hereinafter “Act”), the Department is the state agency charged with regulating the practice of funeral establishments, funeral directing, and embalming. 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. The Act specifies that “person” includes both natural persons and legal entities. See Section 497.005(49), Florida Statutes. 5. 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.” 6. At all times pertinent hereto, Kimberly White was the funeral director in charge, license number FO45463 for WRIGHT & YOUNG, a licensed funeral establishment located at 15332 NW 7" Avenue, Miami, Florida. 7. Records of the Florida Department of State, Division of Corporations indicate that the registered agent for you, WRIGHT & YOUNG, is Jacqueline Young. The address for the registered agent is 9011 South Lake Miramar Circle, Miramar, Florida 33025. COUNT ONE 8. The above General Allegations are hereby realleged and fully incorporated herein by reference. 9. TW died on November 24, 2008, in Hollywood, Florida. 10. Pursuant to: instructions from Kimberly White, Premier Funeral Services and Cremations, Inc. (“Premier”), license number F041518, removed TW’s body from Hospice by the Sea in Broward, Florida and transported TW’s body to Premier’s facility on or about December 1, 2008. 11. John R. Knapik (“Mr. Knapik”), license number F042615, is the funeral director in charge for Premier. 12. On or about January 12, 2009, Mr. Knapik informed Kimberly White that Premier would charge a flat, three hundred and fifty dollar ($350.00) fee for storing TW’s body for an extended amount of time. 13. You, WRIGHT & YOUNG, do not normally provide storage of bodies as a service to your clients. 14. The general price list for you, WRIGHT & YOUNG, does not provide or indicate a charge for storage of a body. 15. | TW’s body was stored at Premier until March 22, 2009. 16. On March 19, 2009 in conjunction with a guardianship hearing, Kimberly White, along with Terrence Wright, on behalf of you, WRIGHT & YOUNG, presented a bill for TW’s funeral goods and services to the Circuit Court of Broward County. This bill indicated a charge of seven thousand, one hundred and fifty dollars ($7,150.00) for storage of TW’s body. 17. During the aforementioned hearing, a Circuit Court Judge asked Kimberly White and Terrence Wright if the stated figure, on the bill provided to the court, was the amount that you, WRIGHT & YOUNG, had been charged for the storage of TW’s body at Premier. 18. The question was posed several times, and each time, Kimberly White, funeral director in charge for you, WRIGHT & YOUNG, allowed the representation to be made to the court that you, WRIGHT & YOUNG, had been charged the seven thousand, one hundred and fifty dollars ($7,150.00) amount for the refrigerated storage of TW’s body. 19, This representation to the circuit court, whether by omission or commission, and the corresponding bill presented to the circuit court, were and are fraudulent, deceptive, misleading, and/or untrue, and Kimberly White, the funeral director in charge for you, WRIGHT & YOUNG, knew or should have known this fact. 20. In addition to the above-referenced misrepresentation to the circuit court, Kimberly White filed a false and fraudulent death certificate that indicated that TW was buried in Fred Hunter’s Cemetery when in fact she was buried in the Hallendale City Cemetery. IT IS THEREFORE CHARGED that you, WRIGHT & YOUNG, have violated or are accountable under the following provisions of the Act, which constitutes grounds for disciplinary action against your license: (a) 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] . (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) Knowingly concealing information relative to violations of this chapter. [Section 497.152(4)(e), Florida Statutes] (d) 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] (e) Failing to perform any statutory or legal obligation placed upon a licensee. [Section 497.152(4)(h), Florida Statutes] (3) Exercising undue influence on a client for the purpose of financial gain of the licensee or a third party in connection with any transaction regulated by this chapter. [Section 497.152(9)(b), Florida Statutes] (g) Advertising goods and services in a manner that is fraudulent, deceptive, or misleading in form or content. [Section 497.152(9)(e), Florida Statutes] (h) Directly or indirectly making any deceptive, misleading, or untrue representations, whether oral or written, or employing any trick, scheme, or artifice, in or related to the practice of a profession or occupation regulated under this chapter, including in the advertising or sale of any merchandise or services related to the practice of the profession or occupation. [Section 497.152(9)(f), Florida Statutes] COUNT TWO 21. The above General Allegations are hereby realleged and fully incorporated herein by reference. 22. In December 2006, the Division received a letter from Kimberly White, funeral director in charge of you, WRIGHT & YOUNG, indicating that you, WRIGHT & YOUNG, would be contracting with E.A. Stevens Funeral Home to provide embalming services until . Wright Embalming Service became licensed. 23. In January 2007, the Division received another letter from Kimberly White, funeral director in charge of you, WRIGHT & YOUNG, indicating that you, WRIGHT & YOUNG, had taken control of Solomon Laughlin Memorial Chapel located at 1725 Opa Locka Blvd., Miami, Florida, and had changed the name to Wright Embalming Services, LLC (hereinafter “Wright Embalming”). The location is a warehouse and not a chapel. 24. On or about February 23, 2007, Miami/Dade County Environmental Resources Management Agency found the business at 1725 Opa Locka Bivd. to be in violation of performing business without a proper municipal occupational license in Miami/Dade, Florida. 25. Records of the Florida Department of State, Division of Corporations indicate that Wright Embalming, LLC was created as a limited liability company on March 5, 2007, and had designated Wright Funeral Home located at 15332 NW 7" Avenue, Miami, Florida as its registered agent. 26. On or about March 21, 2007, Kimberly White signed and submitted a Miami- Dade County Occupational License Application for Wright Embalming Service, LLC, located at 1725.Opa Locka Boulevard, Miami, Florida. 27. On July 22, 2008, the Department received a complaint and Department Examiner Marc Adel (“Examiner Adel”) went to the business located at 1725 Opa Locka Boulevard, Miami, Florida, (“Facility”) and observed eight (8) bodies, which appeared to have been embalmed, located inside of the Facility. 28. Upon entering the Facility, Examiner Adel smelled an overpowering odor of embalming fluid, and reported a temperature registering at 70 degrees. While in the Facility, Examiner Adel did not find any documentation relating to the embalmed bodies being stored at the Facility. Examiner Adel observed embalming instruments and embalming fluid containers in the Facility. Examiner Adel determined that the Facility was operating as an unlicensed centralized embalming facility. 29. On July 23, 2008, Kimberly White told Examiner Adel that you, WRIGHT & YOUNG, “used the warehouse for dressing and casketing only.” 30. On this same date, Kimberly White stated that the bodies at the Facility belonged to you, WRIGHT & YOUNG, and had been transferred to E.A. Stevens Funeral Home after the Department’s examiner visited the warehouse on July 22, 2008. 31, The Facility located at 1725 Opa Locka Boulevard operated as an unlicensed embalming facility controlled by you, WRIGHT & YOUNG. 32, Kimberly White, as the funeral director in charge for you, WRIGHT & YOUNG, knew or should have known that bodies were being stored and embalmed at the unlicensed embalming facility or funeral establishment located at 1725 Opa Locka Boulevard, Miami, Florida. 33. Kimberly White, funeral director in charge for you, WRIGHT & YOUNG, allowed and/or facilitated the Facility at 1725 Opa Locka Boulevard to operate as an unlicensed embalming facility. IT IS THEREFORE CHARGED that you, WRIGHT & YOUNG, have violated or are accountable under the following provisions of the Act which constitutes grounds for disciplinary action against your license: (a) 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] (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) Failing to report to the department any violation of this chapter by another person, which violation is known to the licensee to have created or be creating a serious and immediate danger to the public health, safety, or welfare. [Section 497.152(4)(d), Florida Statutes] (d) Knowingly concealing information relative to violations of this chapter. [Section 497.152(4)(e), Florida Statutes] (e) 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] (fp Application for licensure of a centralized embalming facility shall be made utilizing forms and procedures prescribed by rule and shall be accompanied by a nonrefundable fee not to exceed $300 as set by licensing authority rule. [Section 497.385(2)(f), Florida Statutes] (g) | No person may conduct, maintain, manage, or operate a funeral establishment unless a funeral establishment operating license has been issued under this chapter for that funeral establishment. [Section 497.380(3), Florida Statutes] (h) A person may not store or maintain human remains at any establishment or facility except an establishment or facility licensed under this chapter or a health care facility, medical examiner's facility, morgue, or cemetery holding facility. [Section 497.386(1), Florida Statutes]. WHEREFORE, the Department respectfully request that the Board enter an order imposing one or more of the following penalties: revocation or suspension of 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 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 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 Tracey Beal, DFS Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. 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 shal! 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. 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. 10 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 Oe Ur tay of Ounes , 2009. TAMMY TEs ON Deputy Chief Financial Officer 11 STATE OF FLORIDA BOARD OF FUNERAL, CEMETERY AND CONSUMER SERVICES IN THE MATTER OF: WRIGHT & YOUNG FUNERAL HOMES, INC. CASE NO.: 103361-09-FC FO 39941 / ELECTION OF PROCEEDING T 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) 10] 3.01 I do not dispute any of the Department’s factual allegations and I do not desire a hearing, I understand that by waiving my tight 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 donot 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): CJ 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. T 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. 1 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: Tracey Beal, Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390, Signature Print Name Date: Address: Date Administrative Complaint Received: Tf 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.: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINSTRATIVE COMPLAINT and ELECTION OF PROCEEDING. form has been furnished by U.S. Certified Mail, return receipt requested this day of , 2009, to: WRIGTH & YOUNG FUNERAL HOME INC. 15332 NW 7" Avenue Miami, Florida 33169 WRIGHT & YOUNG FUNERAL HOME, INC. Jacqueline Young Asst. General Counsel 9011 South Lade Miramar Circle Fla. Bar. No.: 0230560 Miramar, Florida 33025 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 12

Docket for Case No: 09-004918