Petitioner: DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY, AND CONSUMER SERVICES
Respondent: DONALD PETER KOMA
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Financial Services
Locations: St. Petersburg, Florida
Filed: Sep. 20, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 7, 2017.
Latest Update: Dec. 23, 2024
FILED
AUG 12-2016
Docketed CHIEF FINANCIAL OFFICER
JEFF ATWATER
STATE OF FLORIDA
IN THE MATTER OF:
DONALD PETER KOMA, CASE NO.: 169273-15-FC
(License Number: F047107)
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ADMINISTRATIVE COMPLAINT
The Department of Financial Services, Division of Funeral, Cemetery, and Consumer
Services (“Department”), files this Administrative Complaint before the Board of Funeral,
Cemetery, and Consumer Services (“Board”) against Donald Peter Koma (“Respondent”) and
alleges:
GENERAL ALLEGATIONS
1. The Department and Board have jurisdiction over Respondent’s license and the
subject matter of this proceeding pursuant to section 20.121 and chapter 497, Florida Statutes
(2015).
2. At all times material to this complaint, Respondent was licensed as a direct
disposer, having been issued license number F047107 (“License”).
3. At all times material to this complaint, Respondent was employed at Abbey
Affordable Cremation and Funeral Services (“Abbey”), a licensed funeral establishment
operating under license number F041472.
4. At all times material to this complaint, Abbey was located at 12541 B Ulmerton
Road, Largo, Florida 33774.
5. At all times, material to this complaint, Clarence P. Wilson, Jr. (“Wilson”), a
funeral director and embalmer having been issued license number F046664, was the funeral
director in charge of Abbey.
6. Section 497.005(26), Florida Statutes, defines “direct disposer” as any person
licensed under chapter 497 to practice direct disposition in this state.
7. Section 497.005(53), Florida Statutes, defines “practice of direct disposition” as
the cremation of human remains without preparation of the human remains by embalming and
without any attendant services or rites such as funeral or graveside services or the making of
arrangements for such final disposition.
8. The practice of funeral directing is defined by section 497.372, Florida Statutes,
to include, inter alia, selling or offering to sell funeral services, embalming, cremation, or other
services relating to the final disposition of human remains on an at-need basis. The practice of
funeral directing also includes the planning or arranging, on an at-need basis, of the details of
funeral services, embalming, cremation, or other services relating to the final disposition of
human remains. § 497.372, Fla. Stat.
9. Rule 69K-15.004, Florida Administrative Code, defines “at need” to mean after
the individual for whom funeral arrangements are being made has died.
10. On or about February 8, 2013, R.L. died.
11. On or about February 11, 2013, R.L.’s daughter, V.L.L., met with Respondent to
discuss funeral service arrangements and cremation services for her father and entered into an at-
need services and merchandise contract with Abbey (“Contract”).
12. On or about February 11, 2013, Wilson was the only funeral director employed at
Abbey and the only individual authorized to sign at-need contracts.
13. Wilson was not present at the meeting with V.L.L. but signed the Contract in
advance of the meeting.
14. By meeting with V.L.L. to discuss funeral service arrangements and cremation
services for her father and by completing the pre-signed Contract, Respondent engaged in the
practice of funeral directing.
COUNT 1]
15. Petitioner realleges and incorporates by reference the allegations set forth in
paragraphs one through fourteen as if fully set forth herein.
16. Section 497.152(1)(a), Florida Statutes, provides that “[vJiolating any provision of
this chapter or any lawful order of the board or department or of the statutory predecessors to the
board or department” constitutes grounds for discipline.
17. Section 497.152(5)(a), Florida Statutes, provides that “[p}racticing or offering to
practice beyond the scope permitted by this chapter [497] and rules adopted under this chapter
for the type of licensure held or accepting and performing professional responsibilities the
licensee knows, or has reason to know, the licensee is not competent to perform” constitutes
grounds for disciplinary action.
18. Based on the foregoing, Respondent violated section 497.152(5)(a), Florida
Statutes, by practicing beyond the scope of his direct disposer license when Respondent met with
V.L.L. to discuss funeral service arrangements and cremation services and by completing the
Contract and is therefore subject to discipline pursuant to section 497.152(1)(a), Florida Statutes.
WHEREFORE, the Department respectfully requests that the Board enter an order
imposing one or more of the following penalties on Respondent: revocation or suspension of his
License; imposition of an administrative fine not to exceed five thousand dollars ($5,000.00) for
each count or separate offense; issuance of a written reprimand; placement of his License on
3
probation; assessment of costs associated with the investigation and prosecution; requiring him
to make 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 the
Florida Funeral, Cemetery, and Consumer Services Act.
DATED and SIGNED this | Stay of Aug USt 2016.
J. Paul Whitfield
Deputy Chief Financial Officer
PC Found: March 24, 2015
PC Found By: Al Hall, Jean Anderson, Richard Chesler
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 (2014), 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 THE 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:
(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) | Astatement 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
5
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
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, is not available.
No Department attorney will discuss this matter you or your representative during the time frame
in which you have to request a hearing.
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF LEGAL SERVICES
IN THE MATTER OF:
DONAL PETER KOMA, CASE NO.: 169273-15-FC
(License Number: F047107)
ELECTION OF PROCEEDING
J 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)
1. { ] Ido not dispute any of the Department’s factual allegations and J 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.
2. 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, f desire to:
| Submit a written statement and documentary evidence to the Board in lieu of a hearing; or
[] Personally attend a hearing conducted by the Board at the location of a regularly scheduled Board
meeting.
3. [ ] 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, f 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 qualified Phone No.:
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 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 Sa day of Ayus- , 2016, to: Donald Peter
Koma, Respondent, at P.O. Box 4190, Seminole, Florida 33775.
eirdre A-Farrington
Assistant General Co,
Division of Legal Set'vices
Florida Department of Financial Services
200 East Gaines Street
Tallahassee, Florida 32399-0333
(850) 413-4269
Deirdre.Farrington@myfloridacfo.com
Florida Bar No. 488690
Docket for Case No: 17-005191PL
Issue Date |
Proceedings |
Nov. 07, 2017 |
Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
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Nov. 07, 2017 |
Motion to Relinquish Jurisdiction filed.
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Sep. 29, 2017 |
Order of Consolidation (DOAH Case Nos. 17-5007PL, 17-5008, 17-5009, and 17-5191PL).
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Sep. 28, 2017 |
Response to Initial Order filed.
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Sep. 21, 2017 |
Initial Order.
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Sep. 20, 2017 |
Administrative Complaint filed.
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Sep. 20, 2017 |
Response to Administrative Complaint filed.
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Sep. 20, 2017 |
Election of Proceeding filed.
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Sep. 20, 2017 |
Agency referral filed.
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