Petitioner: DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY, AND CONSUMER SERVICES
Respondent: COLLISON FAMILY FUNERAL HOME AND CREMATORY HOWELL BRANCH CH
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Financial Services
Locations: Orlando, Florida
Filed: Jan. 24, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 19, 2013.
Latest Update: Dec. 25, 2024
)
F FILED |
CHIEF FINANCIAL OFFICER ‘ DEC 05 2012
JEFF ATWATER
STATE OF FLORIDA
Docketed by
IN THE MATTER OF:
COLLISON FAMILY FUNERAL HOME CASE NO, 125720-12-FC
& CREMATION HOWELL BRANCH CHAPEL
/
ADMINISTRATIVE COMPLAINT
To: COLLISON FAMILY FUNERAL HOME COLLISON FAMILY FUNERAL HOME
& CREMATION HOWELL BRANCH & CREMATORY HOWELL BRANCH CH
‘CHAPEL 3806 Howell Branch Road
c/o Gregory Collison Winter Park, FL 32792
Post Office Box 1531
Winderemere, Florida 34786
COLLISON FAMILY FUNERAL HOME & CREMATION HOWELL BRANCH
CHAPEL is hereby notified that the Chief Financial Officer of the State of Florida has caused to
be made an investigation of your activities in the death care industry while licensed as a Funeral
Establishment (26-00), in this State, as a result of which it is alleged:
GENERAL ALLEGATIONS
1. COLLISON FAMILY FUNERAL HOME & CREMATION HOWELL BRANCH
CHAPEL (hereinafter referred to as “COLLISON”) is a licensed Funeral Establishment (26-00),
license number F041652, in this State,
2. Pursuant to Section 20.121(2)(n), Florida Statutes, Chapter 497, Florida Statutes,
the “Florida Funeral, Cemetery and Consumer Services Act”, and Chapter 69K Florida
Administrative Code (hereinafter collectively referred to as “the Act”), the Florida Department of
Financial Services, Division of Funeral, Cemetery and Consumer Services (hereinafter the
“Depattment”) is the state agency charged with regulating the death care industry, including the
activities of Funeral Establishments.
3. Pursuant to the Act, the Department has jurisdiction over the Funeral Establishment
License of COLLISON.
4, On November 13, 2012, a probable cause panel of the Division of Funeral,
Cemetery and Consumer Services met and found probable cause to charge COLLISON with
violations of the Act, as alleged in the Division’s investigative file, maintained within the
Division’s records as ATN-17998, and as set forth in this Administrative Complaint.
5, At all times pertinent to the dates and occurrences referred to herein COLLISON,
located at 3806 Howell Branch Road, Winter Park, Florida, was a licensed Funeral Establishment
in this State,
6. Section 497.005(35), Florida Statutes, defines “funeral establishment” as “a facility
licensed under this chapter where a funeral director or embalmer practices funeral directing or
embalming.”
7. Section 497.005(34), Florida Statutes, defines “funeral director” as “a person
licensed under this chapter to practice funeral directing in this state.”
8. Section 497.005(31), Florida Statutes, defines “embalmer” as “any person licensed
under this chapter to practice embalming in this state.”
COUNT ONE
9. The above General Allegations are hereby realleged and fully incorporated herein
by reference.
10. On December 11, 2011, Mr. Michael Beckham, the ex-husband of Mrs. Brenda
Limardo and the brother of Mr. Anthony Scotti, passed away. Mr. Scotti and the immediate
family of the decedent resides in New York.
ll. On December 13, 2011 Mr. Scotti contacted COLLISON via telephone to make
arrangements for handling the viewing, the memorial service, and the cremation for decedent Mr.
Michael Beckham.
12. On December 13, 2011, Mr, Anthony Scotti spoke to Mrs, Sara Fredericks, the
licensed funeral director in charge for COLLISON, who told Mr. Scotti that a cremation service
package price would be $1,995 plus the death certificates, deacon and medical examiner fee. The
cremation package would include the cremation and a $210 allowance towards the purchase of an
ur, The service was scheduled for Friday, December 16, 2011, for a three hour period. The
visitation was to be scheduled for a one hour period. Mr. Scotti gave authorization for COLLISON
to take possession of the body of decedent Michael Beckham. It was determined that Ms.
Limardo would be responsible for the contract concerning the viewing of the decedent, and Mr.
Scotti would be responsible for the balance owed.
13. On December 14, 2011, Mr. Scotti received a phone call from Mrs. Fredericks who
informed Mr. Scotti that the crematory was backed up and that Mr. Scotti would not be able to fly
home to New York on Saturday with the his brother’s cremains. However, for an additional $1000
expedited fee, COLLISON could make arrangements to expedite the cremation of the body of
decedent Michael Beckham. Additionally, Mrs. Fredericks told Mr. Scotti that the $1,000
expedited fee would be inclusive and there would be no other additional charges to have his
brother cremated in this expedited fashion. Mr. Scotti agreed to pay the expedited fee.
14. On December 15, 2011, licensed Funeral Director and Embalmer, Patrick Fulton,
on behalf of COLLISON, met with Mr. Scotti, and during this meeting Mr. Fulton told Mr. Scotti
the service time had changed from three hours to two hours. Mr. Fulton stated the service time
was changed because they needed to accommodate another service. Mr. Scotti felt he had no other
choice but to agree to the time change. Mr. Fulton also stated that the $210.00 allowance for an
urn would not be included because the cremation package was already discounted. Mr. Fulton
then told Mr. Scotti the viewing time would be changed from one hour in length to thirty minutes.
Mr. Fulton explained the viewing time was reduced so the cremation could be expedited by the
staff of COLLISON. Again, Mr. Scotti felt he had no choice but to agree to the funeral home’s
terms, even though the terms had changed radically since they had previously been represented.
Thereafter, Mr. Anthony Scotti signed a Statement of Funeral Goods and Services for the
memorial service and cremation of his brother and decedent Michael Beckham,
15. On December 16, 2011, upon arriving to the funeral home Mr. Anthony Scotti and
Mrs. Limardo were told that the “visitation” would be considered an ID Viewing, allowing for
only up to five (5) immediate family members and for only thirty (30) minutes.
16. Mrs. Sara Fredericks, on behalf of COLLISON, and Mrs. Brenda Limardo signed a
statement of Funeral Goods and Services Selected for, the “visitation” for decedent Michael
Beckham which listed an amount of $600.
17. The General Price List for COLLISON in the Section of Use of Facilities and Staff
list a total price of $350 for the cost of a visitation. The General Price Lists indicates that the
visitation would be from one to three hours. The visitation and the ID Viewing are substantially
the same service. However, the ID Viewing is more limiting in that there are fewer people allowed
and the duration is shorter.
18. Thus, Mrs. Limardo was overcharged $250 for the service of a visitation when
COLLISON only provided an ID Viewing limited to only five (5) family members and for thirty
minutes because this service is listed for $350 on the General Price List.
19. Mr. Scotti requested to take his brother’s cremains home with him on his return
aitline flight to New York on December 17, 2011. Mr. Patrick Fulton, on behalf of COLLISON, )
charged $1000 for the cost of expediting the cremation. The cost for this service was listed in the
Section of Automotive Equipment. The explanation offered by Mr. Fulton for this fee was borne
by the cost of taking the body to the crematory, picking the body up from the crematory, and
expediting the process, However, this explanation was false. The crematory used by COLLISON
did not charge any additional amount for the expedited services, nor did they charge any additional
amount for the transportation of the decedent and his remains, The costs on the funeral contract
were not the same as were originally represented, and were duplicative in nature, The Statement
of Goods and Services Selected signed by Mr. Scotti provides for a Cremation with Memorial
Service in the amount of $3,295, and included “basic services of Funeral Director and staff,
obtaining death certificate and permit, removal from local home or institution, reftigeration -
holding in lieu of embalming, use of facilities and equipment for services, and transportation
to/from crematory, cremation fee, plus $1,000 to expedite the cremation and paperwork for
cremation” for a total price of $4,295. However, representations were made to Mr. Scotti on
December 13, 2011, that he would be charged a total of $1,995 for the cremation package.
20. The funeral contract signed by Mr. Scotti provides the following:
Cremation urn, Franklin ‘Cherry (185841) $850
Death Certificate Expedite Fee $75
Funeral Home Fuel Surcharge $95
The Death Certificate Expedite Fee should have been a part of the additional $1000 cost to Mr.
Scotti for the expedited cremation and paperwork. Mr. Scotti was thus charged twice for the same
service. Additionally, the Funeral Home Fuel Surcharge is not an additional cost, and should be
the cost of a basic cremation service. As a result, Mr. Scotti was again charged twice for the same
service. Lastly, it was originally represented to Mr. Scotti that he would receive a credit of $210
for the price of the urn, and that credit was not extended to him in the final contract.
If IS THEREFORE CHARGED that COLLISON FAMILY FUNERAL HOME &
CREMATION HOWELL BRANCH CHAPEL has violated or is accountable under the following
provisions of the Act which constitute sufficient grounds for discipline, including the suspension
or revocation of the Funeral Establishment License:
(a) Section 497.152(9)(b), Florida Statutes, provides that it is a violation for 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 Chapter 497, Florida Statutes.
(b) Section 497.152(9)(f), Florida Statutes, provides that it is a violation to directly or
indirectly make any deceptive, misleading, or untrue representations, whether oral or written, or
employ any trick, scheme, or artifice, in or related to the practice of a profession or occupation
regulated under Chapter 497, Florida Statutes, including in the advertising or sale of any
merchandise or services related to the practice of the profession or occupation.
(c) Section 497.152(4)(h), Florida Statutes, provides that it is a violation to fail to
perform any statutory or legal obligation placed upon a licensee.
(d) Section 497.152(1)(b), Florida Statutes, provides that it is a violation to commit
fraud, deceit, negligence, incompetency, or misconduct in the practice of any of the activities
regulated under Chapter 497, Florida Statutes.
(e) Section 497.152(10)(a), Florida Statutes, provides that it is a violation to make any
false or misleading statement of the legal requirement as to the necessity of any particular burial
or funeral merchandise or services.
WHEREFORE, the Department respectfully requests that the Board enter an order
imposing one or more of the following penalties: revocation or suspension of the Funeral
Establishment License; imposition of an administrative fine not to exceed five thousand dollars
($5,000) for each count or separate offense; issuance of a written reprimand; placement of
COLLISON’S license on probation; assessment of costs associated with investigation and
prosecution; requiring COLLISON 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 the Act.
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 Blection of Proceeding form and/or a petition for
administrative hearing will suffice as a written request. The request must be filed with Julie Jones,
Agency Clerk, Florida Department of Financial Services, 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 shall be
made.
©) 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.
(ec) 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.
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 OM tay of_DéLember , 2012.
7>
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE
COMPLAINT and ELECTION OF at FORM has been furnished by U.S. Certified
Mail, return receipt requested this sH.. of \ 1 Decornbor , 2012, to:
COLLISON FAMILY FUNERAL HOME
& CREMATION HOWELL BRANCH CHAPEL
c/o Gregory Collison
Post Office Box 1531
Winderemere, Florida 34786
COLLISON FAMILY FUNERAL HOME
& CREMATORY HOWELL BRANCH CH
3806 Howell Branch Road
Winter Park, FL 32792
Assistant Ggnbral Counsel
Fla, Bar No, 230560
Florida Department of Financial Services
Division of Legal Services
200 E. Gaines St., Suite 624
Tallahassee, Florida 32399-0390
Phone: (850) 413-4180
Fax: (850) 488-0697
maryk.surles@myfloridacfo.com
Counsel for the Department
at
STATE OF FLORIDA
DIVISION OF FUNERAL, CEMETERY AND CONSUMER SERVICES
IN THE MATTER OF:
COLLISON FAMILY FUNERAL HOME & CASE NO, 125720-12-FC
CREMATION HOWELL BRANCH CHAPEL
/
ELECTION OF PROCEEDING
I have received and have read the Administrative Complaint filed by the Florida Department of Financial Services,
Division of Funeral, Cemetery and Consumer 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)
Lt]
1 do not dispute any of the Department’s factual allegations and I 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):
{] Submit a written statement and documentary evidence to the Board in lieu of personally attending 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: Julie Jones, 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
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: 13-000401
Issue Date |
Proceedings |
Apr. 17, 2013 |
Consent Order (filed in Case No. 13-000403PL).
|
Apr. 17, 2013 |
Consent Order (filed in Case No. 13-000402PL).
|
Apr. 17, 2013 |
Consent Order (filed in Case No. 13-000401).
|
Apr. 17, 2013 |
Consent Order filed.
|
Mar. 19, 2013 |
Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
|
Mar. 15, 2013 |
Joint Motion to Request the Relinquishment of Jurisdiction filed.
|
Mar. 12, 2013 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 2 and 3, 2013; 9:30 a.m.; Orlando, FL).
|
Mar. 01, 2013 |
Amended Corrected Request for Continuance of Formal Hearing and Amendment of the Order of Prehearing Instructions filed.
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Mar. 01, 2013 |
Corrected Request for Continuance of Formal Hearing and Amendement of the Order of Prehearing Instructions filed.
|
Mar. 01, 2013 |
Request for Continuance of Formal Hearing and Amendment of the Order of Prehearing Instructions filed.
|
Feb. 08, 2013 |
Order of Pre-hearing Instructions.
|
Feb. 08, 2013 |
Notice of Hearing by Video Teleconference (hearing set for March 19 and 20, 2013; 9:30 a.m.; Orlando and Tallahassee, FL).
|
Feb. 06, 2013 |
Order of Consolidation (DOAH Case Nos. 13-0400PL, 13-0401, 13-0402PL, and 13-0403PL).
|
Feb. 04, 2013 |
Notice of Transfer.
|
Feb. 01, 2013 |
Amended Joint Response to Initial Order filed.
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Jan. 31, 2013 |
Joint Response to Initial Order filed.
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Jan. 24, 2013 |
Administrative Complaint filed.
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Jan. 24, 2013 |
Request for Formal Hearing filed.
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Jan. 24, 2013 |
Election of Proceeding filed.
|
Jan. 24, 2013 |
Agency referral filed.
|
Jan. 24, 2013 |
Initial Order.
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