FILED OCT 21 2013 CHIEF FINANCIAL OFFICER TEE ae Docketed by IN THE MATTER OF: CASE NO.: 139093-13-FC PRESTWOOD FUNERAL HOME, INC, F040708 | ; | A- LW ' ADMINISTRATIVE COMPLAINT To: PRESTWOOD FUNERAL HOME 105 US 90 West Baldwin, FL 32234 PRESTWOOD FUNERAL HOME, INC., is hereby notified that the State of Florida Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services (hereafter “the Department”) has conducted an investigation in connection with its license to operate as a funeral establishment, The investigation has found probable cause to charge PRESTWOOD FUNERAL HOME, INC, with violations of Chapter 497, Florida Statutes and the Florida Administrative Code as set forth in this Administrative Complaint. This Administrative Complaint includes violations alleged within investigation report number ATN- 19934, GENERAL ALLEGATIONS 1, Pursuant to Section 20.121, Florida Statutes, Chapter 497, Florida Statutes, the “Florida Funeral, Cemetery, and Consumer Services Act” and Chapter 69K, Florida Code, (hereinafter ‘the Act’), the Department is the state agency charged with regulating the practice of funeral establishments, funeral directing, and embalming. 2, The Board of Funeral, Cemetery, and Consumer Services (hereinafter“the Board’) has the authority to determine through probable cause panels whether there is probable cause to believe there is a violation of the Act and the Florida Administrative Code and whether administrative prosecution of a licensee shall go forward, as set forth in Sections 497,103(1)(v) and 497,153(3), Florida Statutes. . 3, Prestwood Funeral Home, Inc, (PRESTWOOD) which is located at 105 US 90 _ West Baldwin, Duval, Florida 32234, is a licensed funeral establishment in the State of Florida, . having been issued license number F040708. 4, On or about March 27, 2013, the Department conducted an investigation into Prestwood's activities based upon inspections conducted by the Department and complaints received by the Department. COUNT ONE 5. The above General Allegations are hereby realleged and fully incorporated herein by reference. 6.. During the investigation, it was determined that M.R. died on May 8, 2012, On May 9, 2012, PRESTWOOD submitted a life insurance claim for death benefits for the death of M.R. to Homesteaders Life Company, 7. The cost of the funeral was reported to Homesteaders Life Company as $2,995.00, 8. The life insurance policy terms from Homesteaders Life Company provide that, “If the death benefit of the policy exceeds the retail prices for the funeral service in effect at the time of service, then the excess will be paid to the beneficiary under the policy: 9. On May 9, 2012, Homesteaders Life Company issued a check to PRESTWOOD for $2,277.34. An additional $66 was paid towards the funeral expenses of MLR. by T.B, 10. The actual total bill for M.R’s funeral expenses came to $1,686.00. = 1, Therefore, $647,34 should have been returned to the consumer. 12, PRESTWOOD failed to return the excess benefits from the life policy to the consumer, 13. Prestwood, charged $35 for a medical examiner fee as part of the funeral expenses 14. The actual medical examiner fee was $25, amounting to a $10 overcharge for the funeral expenses of M.R. 15. Prestwood, charged $150 for a fuel surcharge as part of the funeral expenses of MR. 16, This $150 fuel surcharge is not listed in Prestwoods general price list. IT IS THEREFORE CHARGED that PRESTWOOD FUNERAL HOME, INC,, has violated or is accountable under the following provisions of the Act: (a) Section 497,152(1)(a), Florida Statutes, which provides that it is a disciplinable offense to violate any provision of this chapter or any lawful order of the board or department or of 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 497,152(10)(e), Florida Statutes, which provides that misrepresenting the amount advanced on behalf of a customer for any item of service or merchandise shall constitute grounds for imposition of discipline or other enforcement action against the licensee or other person committing such conduct. (d) ‘Section 497,152(11)(g), Florida Statutes, which provides that assessing fees and costs that have not been disclosed to the customer in connection with any transaction regulated by this chapter shall constitute grounds for imposition of discipline or other enforcement action against the licensee or other person committing such conduct, WHEREFORE, the Department respectfully requests that the Board enter an Order imposing one of more of the following penalties: revocation or suspension of license; imposition of an administrative fine not to exceed five thousand dollars ($5000) for each count or separate offense; issuance of written reprimand; placement on probation, assessment of costs associated with investigation and prosecution; requiring making 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 Chapter 497, Florida Statutes, and the rules promulgated there under, NOTICE OF RIGHTS Pursuant to. Sections 120.569 and 120.57, Florida Statutes, and Rule 28-106, Florida Administrative Code, licensees 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 the licensee, 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 Julie Jones, DFS Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. 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 RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF SUSPENSION OR REVOCATION WILL BE ENTERED. If a proceeding is requested, 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, licensee is the "respondent". (0) 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. (ec) A statement including the file number to the administrative complaint. If a hearing of any type is requested, requester 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 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. Either a written statement and documentary evidence can be submitted to the Board in lieu of a hearing, or requester can personally attend a hearing conducted by the Board at the location of a regularly scheduled Board meeting. However, if material facts that are the basis for the Department’s action are disputed, the request must be for 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 wil! request that the hearing be conducted in Tallahassee, Florida, Failure to follow the procedure outlined with regard to a 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 until the response has been received by the Department. DATED and SIGNED this Q st day of Oc bo bey » 2013, STATE OF FLORIDA BOARD OF FUNERAL, CEMETERY AND CONSUMER SERVICES IN THE MATTER OF: Prestwood Funeral Home, Inc, CASE NO,:; 139093-13-FC F040708 : ' / ELECTION OF PROCEEDING + Ihave 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. [am requesting disposition of this matter as indicated below. (CHOOSE ONE) Le] n 30] 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): 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, 1 have identified the disputed issues of material fact in the response attached hereto. TO PRESERVE RIGHT TO A HEARING, RESPONSE MUST BE FILED 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 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: ee Date Administrative ‘ —— Complaint Received: Tf represented by an attorney or qualified Phone Now reer representative, please attach to this election form his or her name, address, telephone and fax numbers Fax No: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Administrative Complaint and Election of Proceeding form has been furnished to PRESTWOOD FUNERAL HOME, INC., 105 US 90 West, Baldwin, FL 32234, by U.S. Certified Mail, return receipt requested this “9 ( day of _ yoyo , 2013, Linje Rivers, ke General Counsel Fla. Bar. No.: 0079063 Florida Department of Financial Services 200 E, Gaines Street : Tallahassee, FL 32399-0333 Phone: (850) 413-4230 Fax: (850) 488-0697 Counsel for the Department

Docket for Case No: 15-001288