() C) FILED APR 3.0 CHIEF FINANCIAL OFFICER Docketed by. JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: CASE NO.: 159818-14-FC PATRICK FULTON (License Number: F035586) / ADMINISTRATIVE COMPLAINT TO: Patrick Fulton 500 East Airport Boulevard Sanford, FL 32773 Patrick Fulton (the “Licensee”) is hereby notified that the Division of Funeral, Cemetery, and Consumer Services (the “Division”) has directed an investigation in connection with the license issued to the Licensee to operate as a Funeral Director and Embalmer. The allegations below are based on the investigation. GENERAL ALLEGATIONS 1, The Board of Funeral, Cemetery, and Consumer Services (the “Board”), created within the Division, and the Department of Financial Services (the “Department”) have jurisdiction over the Licensee’s license as a Funeral Director and Embalmer and the subject matter of this proceeding, pursuant to the provisions of section 20.121 and chapter 497, Florida Statutes (2014).! * Unless otherwise specified, all statutory references are to the 2014 version of the Florida Statutes. C) C) 2. The Board has the authority to determine through probable cause panels whether probable cause exists to believe a violation of chapter 497, Florida Statutes, has occurred and whether a proposed administrative prosecution of a licensee shall go forward, pursuant to sections 497.103(1)(v) and 497.153(3), Florida Statutes. 3. A probable cause panel on January 20, 2015, found probable cause to charge the Licensee with violations of chapter 497, Florida Statutes, and chapter 69K, Florida Administrative Code, and directed the Department to prosecute the matter. 4. At all times relevant to the allegations of this Administrative Complaint, the Licensee was licensed as a Funeral Director and Embalmer, license number F035586, pursuant to the provisions of chapter 497, Florida Statutes. 5. At all times relevant to the allegations in this Administrative Complaint, the Licensee was employed at Gramkow Funeral Home & Crematory. 6. At all times relevant to the allegations of this Administrative Complaint, Gramkow Funeral Home & Crematory was located at 500 East Airport Boulevard, Sanford, FL 32773. 7. Pursuant to section 497.005(40), Florida Statutes, “License” includes all authorizations required or issued under this chapter, except where expressly indicated otherwise, and shall be understood to include authorizations previously referred to as registrations or certificates of authority in chapters 470 and 497 as those chapters appeared in the 2004 edition of the Florida Statutes. 8. Pursuant to section 497.005(41), Florida Statutes, “Licensee” means the person or entity holding any license or other authorization issued under this chapter, except where expressly indicated otherwise. a “—~ / COUNT IT 9. The above General Allegations are realleged and fully incorporated in this Administrative Complaint by reference. 10. Onor about April 11, 2014, the wife of LRD passed away. 11. On or about April 12, 2014, the Licensee, an employee of Gramkow Funeral Home & Crematory (“Gramkow”), met with LRD to discuss at-need funeral service arrangements. 12. During that meeting, the Licensee, on behalf of Gramkow, and LRD executed a services and merchandise contract. 13. Onor about April 15, 2014, C&J Financial received an assignment of insurance from the Licensee. 14. Subsequently, C&J Financial requested proof that LRD was the beneficiary of his wife’s insurance policy. 15. LRD’s financial advisor informed LRD of C&J Financial’s request. LRD was unaware of any assignment of insurance provided to C&J Financial. 16. After further investigation, the Department determined that an Irrevocable Power of Attorney and a second services and merchandise contract bore LRD’s signature. 17. LRD discovered that the Licensee forged LRD’s signature on the Irrevocable Power of Attorney and second services and merchandise contract. The documents were then provided to C&J Financial. 18. The Licensee failed to obtain the consent of LRD before signing LRD’s name on the Irrevocable Power of Attorney and second services and merchandise contract. 3 C) C) IT IS THEREFORE CHARGED that PATRICK FULTON has violated one or more of the following provisions of the Florida Statutes, which constitutes sufficient grounds for the suspension or revocation of his license as a Funeral Director and 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 chapter 497 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 chapter 497. (c) Section 497.152(9)(f), Florida Statutes, which provides 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 or occupation regulated under this chapter, including in the advertising or sale of any merchandise or services related to the practice of the profession or occupation. WHEREFORE, the Department respectfully requests the Board enter an order imposing one or more of the following penalties upon Patrick Fulton: 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 Patrick Fulton on probation; assessment of costs associated with investigation and prosecution; requirement that Patrick Fulton make restitution; and/or such other penalty or condition as is authorized under section 497.153(5), Florida Statutes. () C) DATED and SIGNED this BO4~Aay of Ben [ , 2015. aN "| f 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 a representative for 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 the Department Agency Clerk, Julie Jones, Florida Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0390. The Licensee’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 the Licensee 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: C) C) (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 Licensee 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. (e) 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 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 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, 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 6 C) O) 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 (2014), is not available. No Department attorney will discuss this matter with you or your representative during the time frame in which you have to request a hearing. ©) 2 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: PATRICK FULTON CASE NO.: 159818-14-FC (License Number: F03 5586), oe ELECTION OF PROCEEDIN G Patrick Fulton (the “Licensee”) has received and has read the Administrative Complaint filed by the Florida Department of Financial Services (the "Department') against it, including the Notice of Rights contained therein, and understands the options, The Licensee is requesting disposition of this matter as indicated below. (CHOOSE ONE) 1. [] The Licensee does not dispute any of the Department’s factual allegations and does not desire a hearing, It is understood that by waiving the tight 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 the Licensee’s license(s) as may be appropriate, 2. The Licensee_does not dispute any of the Department's factual allegations and hereby elects a Proceeding to be conducted in accordance with 8s. 120.57(2) and 497.153(4)(b), Florida Statutes. In this tegard, the Licensee desires to: {]} Submit a written statement and documentary evidence to the Board in lieu ofa hearing; or [] Personally attend a hearing conducted by the Board at the location of a regularly scheduled Board meeting. 3. [] The Licensee does dispute one or more of the Department's factual allegations, and hereby requests a hearing pursuant to Signature Print Name Date: Address: Date Administrative 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 No.: * oo NU CO) 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 So_ day of Aes I _, 2015, to: Patrick Fulton 500 East Airport Boulevard Sanford, FL 32773 Zo Ergaa fff —~ 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 41 7199 9991 7032 7167 7lbh

Docket for Case No: 15-003404PL