Petitioner: DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY, AND CONSUMER SERVICES
Respondent: PRESTWOOD FUNERAL HOME, INC.
Judges: LISA SHEARER NELSON
Agency: Department of Financial Services
Locations: Tallahassee, Florida
Filed: Mar. 12, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 12, 2015.
Latest Update: May 09, 2024
FILED
‘OCT 2
CHIEF FINANCIAL OFFICER
Tero MoMA
Docketed by
IN THE MATTER OF:
CASE NO,; 139085-13-FC
PRESTWOOD FUNERAL HOME, INC,
F040708
/
ADMINISTRATIVE COMPLAINT
To: PRESTWOOD FUNERAL HOME, INC.
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 foynd 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-
20097,
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
Administrative 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
a proposed administrative prosecution of a licensee shall go forward, as set forth in Sections
497,103( 1) and 497,153(3), Florida Statutes,
3, At all times material and relevant to this Administrative Complaint,
PRESTWOOD FUNERAL HOME, INC., was licensed as a funeral establishment within the
State of Florida, having been issued license number F040708, pursuant to the provisions of the
Act.
4, On or about April 3, 2013, the Department conducted an investigation into
PRESTWOOD FUNERAL HOME, ING''s activities based upon previous 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 April 3, 2013 inspection it was revealed that PRESTWOOD
FUNERAL HOME, INC. had no biomedical waste pickups from September 2011 until February
11, 2013. These pickups were necessary to properly dispose of biomedical waste produced at
PRESTWOOD FUNERAL HOME, INC. Accordingly, it was determined that PRESTWOOD
FUNERAL HOME, INC, did not properly manage its biomedical waste removal.
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) Rule 69K-21,003(5), Florida Administrative Code, which provides that the
preparation room shall meet the requirements of the Department of Health Chapter 64E-16,
F.A.C., which prescribes minimum sanitary practices relating to the managetnent of biomedical
waste, including segregation, handling, labeling, storage, transport and treatment.
COUNT TWO
7. The above General Allegations are hereby realleged and fully incorporated herein
by reference.
8. Based on the inspection completed on or about April 3, 2013, it was revealed that
PRESTWOOD FUNERAL HOME, INC, failed to submit monthly Bodies Handled Reports,
required by section 497,382(1), Florida Statutes, from November 2010 until February 11, 2013.
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 497,382(1), Florida Statutes, which provides, in relevant part, that each
funeral establishment shal! report on a form prescribed and furnished by the licensing authority
the name of the deceased and such other information as may be required with respect to each
dead human body embalmed or otherwise handled by the establishment or facility. Such forms
shall be signed by the embalmer who performs the embalming, if the body is embalmed, and the
. funeral director in charge of the establishment or facility or by the direct disposer who disposes
of the body. The licensing authority shall prescribe by rule the procedures in submitting such
documentation, Reports required by this subsection shall be filed by the 20th day of each month
for final dispositions handled the preceding month.
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 THE 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, 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').
(b) The name, address, telephone number, facsimile number of the attorney or
gualified 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, 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
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 will 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,
L
DATED and SIGNED this a |S day of Ocber- , 2013.
STATE OF FLORIDA
BOARD OF FUNERAL, CEMETERY AND CONSUMER SERVICES
IN THE MATTER OF;
Prestwood Funeral Home, Inc. CASE NO.: 139085-13-FC
F040708
/
ELECTION OF PROCEEDING
Thave 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)
wo]
1 do not dispute any of the Department's factual allegations and I do not desire a hearing, 1 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.
1 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):
{] Submit a written statement and documentary evidence to the Board in ficu of a hearing;
or
{] 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, | 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 materlal 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; ere
Date Administrative nee
Complaint Received:
If represented by an attorney or qualified Phone No
representative, please attach to this election form his
or her name, address, telephone and fax numbers Fax Nos ee
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 i
day of _Qoxv sey , 2013.
Linje 1 < 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: 15-001289
Issue Date |
Proceedings |
May 12, 2015 |
Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
|
May 11, 2015 |
Joint Motion to Relinquish Jurisdiction filed.
|
Mar. 31, 2015 |
Order of Pre-hearing Instructions.
|
Mar. 31, 2015 |
Notice of Hearing (hearing set for June 9, 2015; 9:30 a.m.; Tallahassee, FL).
|
Mar. 30, 2015 |
Amended Joint Response to Initial Order filed.
|
Mar. 30, 2015 |
Order Requiring Amended Response to Initial Order.
|
Mar. 27, 2015 |
Order of Consolidation (DOAH Case Nos. 15-1288, 15-1289, 15-1290PL, 15-1291PL).
|
Mar. 20, 2015 |
Joint Response to Initial Order filed.
|
Mar. 13, 2015 |
Initial Order.
|
Mar. 12, 2015 |
Election of Proceeding filed.
|
Mar. 12, 2015 |
Request for Hearing Pursuant to 120.57(1), Florida Statutes before the Division of Administrative Hearings filed.
|
Mar. 12, 2015 |
Administrative Complaint filed.
|
Mar. 12, 2015 |
Agency referral filed.
|