Petitioner: DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY, AND CONSUMER SERVICES
Respondent: RONALD NOBLE
Judges: SUZANNE VAN WYK
Agency: Department of Financial Services
Locations: Jacksonville, Florida
Filed: Jan. 07, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 12, 2015.
Latest Update: Dec. 22, 2024
FILED
OCT 092
CHIEF FINANCIAL OFFICER Docketed by
JEFF ATWATER
STATE OF FLORIDA
IN THE MATTER OF:
RONALD NOBLE CASE NO,; 134081-13-FC
(License Number: F046246)
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ADMINISTRATIVE COMPLAINT |
TO: RONALD NOBLE
86224 FIELDSTONE DRIVE
YULEE, FL 32907
RONALD NOBLE is 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 & 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 & Embalmer and the 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 July 29, 2013, found probable cause to charge
RONALD NOBLE with violations of Chapter 497, Florida Statutes, and the Department’s
administrative rules, as alleged in the Division’s investigative file, maintained within Division
records as ATN-17635, and directed the Department to prosecute the matter.
4, At all times relevant to the allegations of this Administrative Complaint,
RONALD NOBLE was licensed as a Funeral Director & Embalmer, license number F046246
pursuant to the provisions of Chapter 497, Florida Statutes.
Count I
5. The above General Allegations are hereby re-alleged and fully incorporated
herein by reference.
6. On or about November 2, 2011, the Division received a complaint from Oxley-
Heard Funeral Directors (hereinafter “Oxley-Heard”) as to the activities of Ronald Noble while
employed at Oxley-Heard.
7, Subsequently, the Division conducted an investigation into allegations that
Ronald Noble embezzled company funds while employed with Oxley-Heard.
8. During the investigation, it was determined that Ronald Noble was hired as a
Funeral Director and Embalmer at Oxley Heard in 1994,
9, On or about January 1, 1995, Oxley-Heard promoted Ronald Noble to Vice
President. Mr. Noble’s duties included, but were not limited to, maintaining company financial
records and company accounts, as well as making payments on behalf of the company.
10. In December 2004, Oxley-Heard discovered that Mr, Noble embezzled
approximately $29,000 in company funds, Based on this discovery, Oxley-Heard terminated Mr.
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Noble’s duties as Vice-President, placed him on two (2) years company probation, and required
Mr. Noble to reimburse the company the full amount. Mr. Noble was able to maintain
employment at Oxley-Heard as a Funeral Director and Embalmer.
11, ‘In April 2005, Oxley-Heard performed a routine audit of the preneed files. It was
discovered that a contract marked paid in full did not have a matching deposit, Mr. Noble
admitted trading preneed services for antique firearms. Oxley-Heard corrected the preneed
problem and issued Mr. Noble a final warning.
12. In June 2005, Oxley-Heard discovered that Mr. Noble, once again, embezzled
company funds. Subsequently, Oxley-Heard terminated Mr. Noble’s employment.
13. After Mr. Noble’s termination, Oxley-Heard conducted a more thorough audit of
all company records.
14. The audit report indicated that Mr. Noble embezzled in excess of $300,000 for his
personal use.
15, In December 2007, Oxley-Heard initiated legal proceedings against Mr. Noble.
16, On or about August 8, 2011, Mr. Noble and Oxley entered into a Consent Final
Judgment, In this order, Mr. Noble admitted to embezzling company funds for his personal use
and breaching his fiduciary duty to the Company. Mr, Noble was ordered to repay Oxley-Heard
$250,000.
IT IS THEREFORE CHARGED that RONALD NOBLE violated 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 & Embalmer in this state:
(a) Section 497,152(1)(a), Florida Statutes, which provides that it is a violation to fail
to comply with any provision of this chapter or any lawful order of the board or department or of
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the statutory predecessors to the board or department.
(b) — Section 497.152(1)(b), Florida Statutes, which 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 497.165, Florida Statutes, which provides that the owners, officers, and
directors of any licensee under this chapter may be held jointly and severally liable for any
deficiency in any trust fund required by this chapter, to the extent the deficiency arose during the
period they were owners, officers, or directors of the licensee, if they intentionally or through
gross negligence in the performance of their duties caused the deficiency or substantially
contributed to conditions that allowed the deficiency to arise or increase.
(d) Section 497,170(1), Florida Statutes, which provides that it is a violation to agree
to any arrangement to provide merchandise or services as defined in this chapter, by which
payment for such merchandise or services is to be paid for through a financial arrangement, other
than as authorized pursuant to this chapter, in which the provider of the merchandise or services
is a beneficiary, party, agent, or owner is in violation of this chapter.
WHEREFORE, the Department respectfully requests that the Board enter an order
imposing one or more of the following penalties on RONALD NOBLE: 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; probation;
” assessment of costs associated with investigation and prosecution; a requirement that RONALD
NOBLE make restitution; and/or such other penalty or condition as is authorized under section
‘
497,153(5), Florida Statutes.
NOTICE OF RIGHTS
The Licensee 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 the Licensee, and
must be filed with the Department within twenty-one (21) days of its 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, The 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 RESPONDENT’S RIGHT TO
REQUEST A PROCEEDING ON THE MATTERS ALLEGED
HEREIN AND AN ORDER OF SUSPENSION OR
REVOCATION WILL BE ENTERED AGAINST
RESPONDENT’S LICENSE.
If the License requests a proceeding, the License 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, its 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, the License, 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
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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, the Licensee has the right to be represented by
counsel or other qualified representative at its 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. The Licensee 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 the Licensee feels that a hearing is necessary, one will be conducted in Tallahassee,
Florida, or by telephonic conference call upon request.
. However, if the Licensee disputes material facts which are the basis for the Board’s
action, the Licensee must request an adversarial proceeding pursuant to Sections 120.569 and
120,57(1), Florida Statutes. These proceedings are held before an 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 Licensee’s 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
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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.
DATED and SIGNED this q Yury of (x to bev , 2013,
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF LEGAL SERVICES.
IN THE MATTER OF:
RONALD NOBLE CASE NO.: 134081-13-FC
(License Number: F046246),
ELECTION OF PROCEEDING
Respondent has received and has read the Administrative Complaint filed by the Florida Department of Financial
Services ("Department"), including the Notice of Rights contained therein, and understands its options, Respondent is requesting
disposition of this matter as indicated below. (CHOOSE ONE)
1C)
3.0]
Respondent does not dispute any of the Department's factual allegations and does not desire a hearing. Respondent
understands that by waiving its 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,
Respondent does not dispute any of the Department's factual allegations and hereby elects a proceeding to be conducted
in accordance with Sections 120,57(2) and 497.153(4)(b), Florida Statutes. In this regard, Respondent desires to
(CHOOSE ONE):
{] Submit a written statement and documentary evidence to the Board in lieu of personally appearing
at a hearing conducted by the Board at the location of a regularly scheduled Board meeting;
OR
{] Personally attend a hearing conducted by the Board at the location of a regularly scheduled Board
meeting.
Respondent does dispute one or more of the Department's factual allegations, and hereby requests a hearing pursuant to
Section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. Respondent has
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, it has identified the disputed issues of material fact in the
response attached hereto,
TO PRESERVE THE RIGHT TO A HEARING, RESPONDENT MUST FILE ITS RESPONSE WITH THE
DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF 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 RESPONDENT’S 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 represented by an attorney or qualified Phone No.
representative, please attach to this clection 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 ADMINISTRATIVE
COMPLAINT and ELECTION OF (in FORM has been furnished by U.S. Certified
Mail, return receipt requested this Gy ‘ayo of 0: slo f EN , 2013, to:
RONALD NOBLE
86224 FIELDSTONE DRIVE
YULEE, FL 32907
Lp
Linje Rivers
Florida Department of Financial Services
200 E. Gaines St. 6" Floor
Tallahassee, FL 32399-0390
Phone (850) 413-4230
Fax: (850) 488-0697
Counsel for the Department
Docket for Case No: 15-000048PL
Issue Date |
Proceedings |
May 12, 2015 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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May 11, 2015 |
Joint Motion to Relinquish Jurisdiction filed.
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May 06, 2015 |
Notice of Cancellation of Deposition (of Diana Patterson) filed.
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May 04, 2015 |
Respondent's Notice of Taking Telephonic Deposition (Dianna Patterson) filed.
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Mar. 16, 2015 |
Respondent's Notice of Taking Deposition (John Heard) filed.
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Mar. 06, 2015 |
Respondent Ronald Noble's Response to Petitioner's Request to Produce filed.
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Mar. 02, 2015 |
Amended Order of Pre-hearing Instructions.
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Mar. 02, 2015 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 19 and 20, 2015; 9:30 a.m.; Jacksonville, FL).
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Feb. 27, 2015 |
Respondent's Response to Petitioner's Request for Admissions filed.
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Feb. 26, 2015 |
(Respondent's) Notice of Available Dates for Final Hearing filed.
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Feb. 23, 2015 |
Motion to Continue Final Hearing filed.
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Feb. 09, 2015 |
Notice of Change of Address (Maureen McCarthy Daughton) filed.
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Jan. 30, 2015 |
Notice of Serving Petitioner's Request for Admissions to Respondent filed.
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Jan. 30, 2015 |
Notice of Serving Petitioner's Request to Produce to Respondent filed.
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Jan. 16, 2015 |
Notice Of Appearance As Co-Counsel (Conor J. McLaughlin) filed.
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Jan. 16, 2015 |
Notice of Appearance (Conor McLaughlin) filed.
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Jan. 15, 2015 |
Order of Pre-hearing Instructions.
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Jan. 15, 2015 |
Notice of Hearing by Video Teleconference (hearing set for March 25 and 26, 2015; 9:30 a.m.; Jacksonville and Tallahassee, FL).
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Jan. 14, 2015 |
Joint Response to Initial Order filed.
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Jan. 13, 2015 |
Ronald Noble's First Request for Production to Department of Financial Services, Division of Funeral, Cemetary and Consumer Services filed.
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Jan. 08, 2015 |
Initial Order.
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Jan. 07, 2015 |
Notice of Substitution of Counsel for Ronald Noble (filed by Maureen Daughton).
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Jan. 07, 2015 |
Order filed.
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Jan. 07, 2015 |
Administrative Complaint filed.
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Jan. 07, 2015 |
Election of Proceeding filed.
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Jan. 07, 2015 |
Notice of Disputed Material Facts and Request for Formal Hearing Pursuant to Section 120.57(1), Florida Statute Proceeding filed.
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Jan. 07, 2015 |
Order Relinquishing Jurisdiction to Division of Administrative Hearings filed.
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Jan. 07, 2015 |
Agency referral filed.
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