FILED CHIEF FINANCIAL OFFICER JAN 14 JEFF ATWATER STATE OF FLORIDA Docketed by IN THE MATTER OF: LARRY LOCKE CASE NO. 139606-13-FC (License F043249) / ADMINISTRATIVE COMPLAINT To: LARRY LOCKE 122 State Street Davenport, Florida 33837 You, LARRY LOCKE, are hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of your activities while licensed as a Direct Disposer (27-00), in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1, You, LARRY LOCKE, are a licensed Direct Disposer (27-00), license number F043249, 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 “Department”) is the state agency charged with regulating the death care industry, including the activities of Direct Disposers, Direct Disposal Establishments and the sale of Preneed merchandise and services. 3. Pursuant to the Act, the Department has jurisdiction over your Direct Disposer License. | 4. On October 28, 2013, a probable cause panel of the Division of Funeral, Cemetery and Consumer Services met and found probable cause to charge you, LARRY LOCKE, a Direct Disposer, with violations of the Act, as alleged in the Division investigative file, maintained within the Division’s records as ATN-20063, and as set forth in this Administrative Complaint. 5. Section 497.005(26), Florida Statutes, defines direct disposer as “[A]ny person licensed under this chapter to practice direct disposition in this state.” 6. Section 497,005(51), Florida Statutes, defines “person” when used without qualification such as “natural” or “individual,” includes both natural persons and legal entities, 7. Section 497.604(1), Florida Statutes, provides that “a direct disposer shall practice at a direct disposal establishment which has been licensed under this section and which may bea cinerator facility licensed under section 497.606, Florida Statutes.” 8. Section 497.005(25), Florida Statutes, defines direct disposal establishment as “[A] facility licensed under this chapter where a direct disposer practices direct disposition.” 9. Section 497.604(8)(b), Florida Statutes, provides in part that “the licensed funeral director or licensed direct disposer in charge of the establishment is responsible for making sure the facility, its operations, and all persons employed in the facility comply with all applicable state and federal laws and rules.” 10. ‘At all material times hereto you, LARRY LOCKE, were the licensed direct disposer in charge for Cremation Services of Mid-Florida, Inc., a licensed Direct Disposal Establishment (28-00), license number F043249, in this State. 11. You, LARRY LOCKE, never attained the necessary licensure to sell preneed arrangements. Section 497.466(1), Florida Statutes. 12. Cremation Services of Mid-Florida Inc. never attained the necessary licensure to sell preneed arrangements. Section 497.466(1), Florida Statutes. 13. Without the necessary licensure, it would be outside the scope of practice for either you, LARRY LOCKE, or Cremation Services of Mid-Florida, Inc. to advertise preneed arrangements or services. Section 497.152(5)(1), Florida Statutes. 14. On July 7, 2011, a Consent Order was issued in case number 115158-11-FC, in which your, LARRY LOCKE’s, Direct Disposer License was placed on probation for two (2) years with the specific condition that you, LARRY LOCKE, would not advertise, sell, or attempt to sell preneed contracts without having a valid preneed license, which is consistent with the requirements of Section 497.466(1), Florida Statutes. Additionally, the Consent Order provided that it would be a violation of probation to, in any way, violate Chapter 497, Florida Statutes, 15. Additionally, on July 7, 2012, a Consent Order was issued in case number 115159-11-FC, in which Cremation Services Of Mid-Florida, Inc. was placed on probation for two (2) years with the specific condition that Cremation Services of Mid-Florida, Inc. would not advertise, sell, or attempt to sell preneed contracts without having a valid preneed license. 16. Lastly, on or about January 2, 2013, a Final Order was issued in case number 126779-12-FC, in which you, LARRY LOCKE, were required to pay an administrative fine of three-thousand ($3,000) dollars, were suspended from practicing in the direct disposal business for ten (10) days, and were placed on probation for two (2) years, with the specific condition that you not violate Chapter 497, Florida Statutes. COUNT ONE 17. The above General Allegations are hereby re-alleged and fully incorporated herein by reference. 18. Cremation Services of Mid-Florida, Inc., continued to advertise in a telephone directory that they offered preneed arrangement services. The advertisement was placed in the telephone directory for both the.2012-2013 cycle, as well as for 2013-2014. 19. You, LARRY LOCKE, failed to comply with all the requirements of both the Consent Order issued on July 7, 2011, as well as the Final Order executed by the Board on January 2, 2013, in that you permitted Cremation Services of Mid-Florida to continue to advertise that they offered preneed arrangement services in violation of a condition of probation. 20. Thus, you, LARRY LOCKE, have materially failed to comply with the terms and conditions of the Consent Order issued on July 7, 2011, as well as the Final Order issued on January 2, 2013, in case numbers 115158-11-FC and 126779-12-EFC, respectively. IT IS THEREFORE CHARGED that you, LARRY LOCKE, have violated the following provisions of the Act which constitute sufficient grounds for discipline, including suspension or revocation of your Direct Disposer license. (a) — Section 497.152(1)(a), Florida Statutes, which provides that it is a violation to fail to comply with any provision of Chapter 497, Florida Statutes, or any lawful order of the board or department, or of the statutory predecessors to the board or department, WHEREFORE, the Department respectfully requests that the Board enter an order imposing one or more of the following penalties: revocation or suspension of the Respondents’ Funeral Establishment licenses; imposition of an administrative fine not to exceed five thousand dollars ($5,000) for each count or separate offense; placement of Respondents’ license on probation; assessment of costs associated with the investigation and prosecution; requiring Respondents 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 Election 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. (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. 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 \ YH say of ( SCuntse, 5 2014. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING FORM has been furnished by U.S. Certified Mail, return receipt requested this /$ @ day of brwer , 2014, to: LARRY LOCKE 122 State Street Davenport, Florida 33837 Assistant Genexal Counsel Fla. Bar. No. 79063 Florida Department of Financial Services 200 E, Gaines St., Suite 624 Tallahassee, FL 32399-0390 Phone (850) 413-4180 Fax: (850) 488-0697 Counsel for the Department

Docket for Case No: 14-002300PL