FILED MAR 19 201 CHIEF FINANCIAL OFFICER TEATWAIER” = Dchefed by IN THE MATTER OF: RODERICK W. STEVENS CASE NO.: 145032-13-FC (License Number: F029163) ADMINISTRATIVE COMPLAINT. TO: RODERICK W. STEVENS 1800 PINEHURST DRIVE WEST PALM BEACH, FL 33407 You, RODERICK W. STEVENS, are hereby notified that the Division of Funeral, Cemetery and Consumer Services has directed an investigation in connection with your license to operate as a Funeral Director and Embalmer. The allegations set forth below are based on the aforementioned investigation. GENERAL ALLEGATIONS 1. The Board of Funeral, Cemetery, and Consumer Services (“Board”), created within the Division of Funeral, Cemetery and Consumer Services (“Division”), and the Department of Financial Services (“Department”), have jurisdiction over your licensure as a Funeral Director and Embalmer and thé subject matter of this proceeding, pursuant to the provisions of Section 20.121, and Chapter 497, Florida Statutes. 2. 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, 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. A probable cause panel on January 28, 2014, found probable cause to charge you with violations of Chapter 497, Florida Statutes, and the Department’s administrative rules, and directed the Department to prosecute the matter. 4. At all times relevant to the allegations of this Administrative Complaint, you, RODERICK W. STEVENS, were licensed as a Funeral Director and Embalmer, license number F029163, pursuant to the provisions of Chapter 497, Florida Statutes, and the Rules promulgated thereunder. 5. You, RODERICK W. STEVENS, initially began your employment in 2007 with Shuler’s Memorial Chapel (hereinafter referred to as “Shuler’s”), a licensed funeral establishment located at 126 East Hampton-F, West Palm Beach, Florida 33417. 6. At all times relevant to the allegations of this Administrative Complaint, you, RODERICK W. STEVENS, were the Funeral Director In Charge for Shuler’s. 7. An individual designated as the funeral director in charge of a funeral establishment is responsible for ensuring that the establishment and all persons employed in the establishment comply with all applicable laws and rules of the Department, as required by Rule , 69K-21.007(3), Florida Administrative Code (2009), 8. On or about March 5, 2013, the Department received a complaint about you, RODERICK W. STEVENS, alleging fraud and misrepresentation. 9. At all times pertinent hereto, Shuler’s was, and still remains, a for-profit funeral services business. 10. On or about December 6, 2012, you, RODERICK W. STEVENS, were terminated from your position as funeral director in charge at Shuler’s due to allegations of fraud, deception, and misrepresentation. 11. On or about September 20, 2013, the Department completed an investigation regarding your, RODERICK W. STEVENS’, funeral director activities while you were employed at Shuler’s. Count I 12. The above General Allegations contained in paragraphs 1 through 11 of this Administrative Complaint are hereby re-alleged and fully incorporated herein by reference. 13. During the course of this investigation it was determined that you, RODERICK W. STEVENS, sold caskets to Shuler’s customers at a discounted rate outside of Shuler’s normal course of business. 14. You, RODERICK W. STEVENS, intentionally made unauthorized direct purchase casket sales from vendors by using your influence as director in charge with vendors utilized by Shuler’s. 15. You, RODERICK W. STEVENS, were not authorized to make direct, wholesale casket purchases and sales outside of your employment with Shuler’s. 16. ‘In an effort to deceive Shuler’s about the origination of any of the discounted casket purchases, you, RODERICK W. STEVENS, on numerous occasions, arranged for vendors to deliver caskets to other funeral homes, whom in return, delivered the subject caskets to Shuler’s. 17. When approached by Shuler’s ownership about the discounted rate casket sales, you, RODERICK W. STEVENS, intentionally deceived Shuler’s owners by indicating the customers had previously purchased caskets elsewhere. 18. During the course of this investigation, it was determined that Shuler’s did not authorize you, RODERICK W, STEVENS, to make any discounted rate casket sales to any of its customers. | 19, During the course of this investigation, it was determined that you, RODERICK W. STEVENS, provided discounted rate casket sales to approximately twenty (20) of Shuler’s customers without Shuler’s knowledge or consent. 20. You, RODERICK W. STEVENS, intentionally misled, misrepresented, and otherwise deceived Shuler’s by indicating that the subject customers purchased their caskets from other vendors, 21. You, RODERICK W. STEVENS, knew or should have known that by making said discounted casket sales, Shuler’s would be deprived of an opportunity to make a profit on the sale of each of the subject caskets. 22. During the course of this investigation, it was determined that you, RODERICK W. STEVENS, caused Shuler’s to lose money by your sales of caskets at discounted rates to Shuler’s customers. IT IS THEREFORE CHARGED that you, RODERICK W. STEVENS, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds for the suspension or revocation of your license as a Funeral Director and Embalmer in this state: (a) Section 497.152(1)(a), Florida Statutes, provides that violating any provision of this chapter or any lawful order of the board or department or of the statutory predecessors to the board or department establishes grounds for disciplinary action. (b) 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 this chapter. (c) ‘Section 497.152(9)(f), Florida Statutes, which provides that it is a violation to directly or indirectly make 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 of occupation regulated under this chapter, including the advertising or sale of any merchandise or services related to the practice of the profession or occupation. WHEREFORE, the Department respectfully requests that the Board enter an order imposing one or more of the following penalties on you, RODERICK W. STEVENS, 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 of on probation; assessment of costs associated with investigation and prosecution; requiring you, RODERICK W, STEVENS, to make restitution; and/or such other penalty or condition as is authorized under section 497,153(5), Florida Statutes. NOTICE OF RIGHTS You have 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 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 DFS Agency Clerk, Julie Jones, 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. FAILURE TO ENSURE THAT YOUR WRITTEN RESPONSE IS RECEIVED BY THE DEPARTMENT 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 Section 120.57(2), Florida Statutes, apply. You may submit oral or written evidence 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 you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. However, if you dispute material facts which are the basis for the Board’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 | | say of NX wen , 2014. : ittield Deputy Chief Financ Officer 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_9¢ dayof_ Meh , 2014, to: RODERICK W. STEVENS 1800 PINEHURST DRIVE WEST PALM BEACH, FLORIDA 33407 Linje River, =i Florida Department of Financial Services 200 E, Gaines St., 6" Floor Tallahassee, FL 32399-0390 Phone (850) 413-4172 Fax: (850) 487-4907 Counsel for the Department STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: RODERICK W. STEVENS CASE NO.: 145032-13-FC (License Number: F029163), 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) Lt} 3.0) I 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: 0] Submit a written statement and documentary evidence to the Board in lieu of a hearing; or 0] 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: DFS Agency Clerk, Julie Jones, 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 quatified Phone No.; representative, please attach to this election form his or her name, address, telephone and fax numbers Fax No.:

Docket for Case No: 14-002633PL