FILED JAN 142614 CHIEF FINANCIAL OFFICER Tate Ta Docketed by IN THE MATTER OF: CREMATION SERVICES OF MID-FLORIDA, INC. CASE NO. 139614-13-FC (License No. F041385) / ADMINISTRATIVE COMPLAINT To: CREMATION SERVICES OF MID-FLORIDA, INC. 122 State Street Davenport, Florida 33837 CREMATION SERVICES OF MID-FLORIDA, INC. 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 Establishment, in this state, as a result of which it is alleged: | GENERAL ALLEGATIONS 1, CREMATION SERVICES OF MID-FLORIDA, INC. is a licensed Direct Disposer Establishment (28-00), license number F041385, 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 Establishment 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 CREMATION SERVICES OF MID-FLORIDA, INC., a Direct Disposer Establishment, 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 be a 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 CREMATION SERVICES OF MID-FLORIDA, INC., was a licensed Direct Disposer Establishment,(28-00), license number F041385, in this State. 11. Larry Locke, the direct disposer in charge of the establishment, 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 CREMATION SERVICES OF MID-FLORIDA, INC. to advertise preneed arrangements or services, Section 497,152(5)(a), Florida Statutes. 14. 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. 15. On January 2, 2013, a Final Order was filed in the matter of CREMATION SERVICES OF MID-FLORIDA, INC. in case number 126781-12-FC. In the Final Order the Board ordered CREMATION SERVICES OF MID-FLORIDA, INC. to be placed on probation for a period for one year. A condition of the probation was that CREMATION SERVICES OF MID-FLORIDA, INC. was not to violate Chapter 497, Florida Statutes. COUNT ONE . 16. The above General Allegations are hereby re-alleged and fully incorporated herein by reference, 17. 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. 18. CREMATION SERVICES OF MID-FLORIDA, INC. 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 they continued to advertise that preneed arrangement services were available in violation of a condition of probation. 19. Thus, CREMATION SERVICES OF MID-FLORIDA, INC, has 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 115159-11-FC and 126781-12-FC, respectively. IT IS THEREFORE CHARGED that CREMATION SERVICES OF MID-FLORIDA, INC. has violated the following provisions of the Act which constitute sufficient grounds for discipline, including suspension or revocation of their Direct Disposer Establishment 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 license; imposition of an administrative fine not to exceed five thousand dollars ($5,000) for each count or separate offense; placement of Respondents’ licenses 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 CREMATION SERVICES OF MID-FLORIDA, INC. has the right to request a proceeding to contest this action by the Board pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-106, Florida Administrative Code. The proceeding request must be in writing, signed by a representative for CREMATION SERVICES OF MID-FLORIDA, INC., and must be filed with the Department within twenty-one (21) days of 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 DFS Agency Clerk, Julie Jones, Florida Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0390, CREMATION SERVICES OF MID-FLORIDA, INC.’s written response must be received by the Department no later than 5:00 p.m. on the twenty-first day after receipt of this notice. Mailing the response on the twenty-first day will not preserve the right to a hearing. FAILURE TO RESPOND IN WRITING WITHIN TWENTY- ONE (21) DAYS OF RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF THE RIGHT TO REQUEST | A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF SUSPENSION OR REVOCATION WILL BE ENTERED. If CREMATION SERVICES OF MID-FLORIDA, INC. requests a proceeding, information must be provided 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, the 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, CREMATION SERVICES OF MID-FLORIDA, INC. is 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. (ce) A-statement including the file number to the administrative complaint. If a hearing of any type is requested, CREMATION SERVICES OF MID-FLORIDA, INC. has the right to be represented by counsel or other qualified representative at their own expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. If a proceeding is requested and there is no dispute of material fact, the provisions of Section 120.57(2), Florida Statutes, apply. Oral or written evidence may be submitted in opposition to the action taken by the Board or a written statement challenging the grounds upon which the Board has relied. While a hearing is normally not required in the absence of a dispute of fact, if CREMATION SERVICES OF MID-FLORIDA, INC. feels that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon request. However, if CREMATION SERVICES OF MID-FLORIDA, INC. disputes material facts which are the basis for the Board’s action, an adversarial proceeding must be requested 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 Section 120.57(2), Florida Statutes, apply. Oral or written evidence may be submitted in opposition to the action taken by the Board or a written statement challenging the grounds upon which the Board has relied. While a hearing is normally not required in the absence of a dispute of fact, if CREMATION SERVICES OF MID-FLORIDA, INC. feels that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon request. However, if CREMATION SERVICES OF MID-FLORIDA, INC. disputes material facts which are the basis for the Board’s action, an adversarial proceeding must be requested 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 the 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 a representative of CREMATION SERVICES OF MID-FLORIDA, INC. until the response has been received by the Department. | LM Gay S SE Sau Garage , 2014, DATED and SIGNED this . 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 [5 % day of | on sot _, 2014, to: CREMATION SERVICES OF MID-FLORIDA, INC. 122 State Street Davenport, Florida 33837 i) Assistant Géneral 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: 14-002302