FILED APR 1 9/2 Docketed b CHIEF FINANCIAL OFFICER JIMMY PATRONIS STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY, AND CONSUMER SERVICES, Petitioner, v. Case No. 200648-16-FC LAMPKINS PATTERSON CREMATION FUNERAL SERVICE INC. Respondent. / 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 Lampkins Patterson Cremation Funeral Service Inc. (Respondent) and alleges: 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 (2016). . 2. Respondent is a Florida corporation and a licensed funeral establishment under chapter 497, Florida Statutes, license number F082115. Respondent’s address is 6615 Arlington Expressway, Jacksonville, Florida. 3. Renaldo Lampkins is a funeral director and embalmer licensed under chapter 497, Florida Statutes, license number F043345, At all times material hereto, Renaldo Lampkins was ATN 27324 the president of Respondent as well as the funeral director in charge (FDIC) of Respondent within the meaning of section 497.380(7), Florida Statutes. 4, Pursuant to Rule 69K-21.007, Florida Administrative Code, each FDIC shall be responsible for only one funeral establishment and shall also be responsible for making sure the funeral establishment and all persons employed in the establishment comply with all applicable laws and rules of the Board. 5. Pursuant to section 497.153(7), Florida Statutes, the “acts and omissions of any person employed by or under contract with the licensee shall be treated as the acts and omissions of the licensee.” 6. On or about April 27, 2016, Respondent entered into a contract for funeral services (the funeral contract) with a consumer, R. H., to provide funeral services for R. H.’s deceased son, J. G. The contract price of the funeral was $10,790. Renaldo Lampkins signed the funeral contract as FDIC on behalf of Respondent. 7. On or about April 25, 2016, Respondent received $700 in cash from R. H, as a down payment on the funeral contract. On or about April 25, 2016, Respondent received $500 in cash from S. O., R. H.’s cousin, as an additional payment on the funeral contract. On or about April 27, 2016 and May 12, 2016, Respondent received in total $1,600 in cash from R. H., as additional payments on the funeral contract. . 8. Respondent received a total of $2,800 in cash from R. H. as a down payment for the funeral contract. The funeral contract reflected that the remaining balance was to be paid by an assignment of benefits of a life insurance policy. 9. J. G. owned a Prudential Life life insurance policy with R. H. as his beneficiary. R. H. assigned $10,000 of her life insurance claim benefit to Respondent as payment on the ATN 27324 R. H. assigned $10,000 of her life insurance claim benefit to Respondent as payment on the "remaining balance of the funeral contract. 10. On May 11, 2016, Prudential Life issued a check in the amount of $10,000 to Respondent per R. H.’s assignment. This check was received and deposited by Respondent on May 17, 2016. 11. Despite the previous cash payments and the life insurance policy assignment, Renaldo Lampkins, acting on behalf of Respondent, urged R. H. to apply to the Florida State Bureau of Victim Compensation (the Bureau) for an award under chapter 960, Florida Statutes, to help defray the funeral costs, which she did. 12. . Pursuant to section 960,13(2), Florida Statutes, “[a]ny award shall be granted on an ‘actual need basis’ and shall be provided subsequent to all benefits provided by primary insurance carriers, including, but not limited to, health and accident insurers,... .”” 13. Pursuant to section 960.13(3), Florida Statutes, “[p]ayment made in accordance with this section shall be considered payment of last resort that follows all other sources.” 14. Pursuant to section 960,13(6), Florida Statutes, “[ajny award made pursuant to (chapter 960] ... shall be reduced by the amount of any payment or services received or to be received by the claimant as a result of the injury or death.” 15. On May 27, 2016, Respondent represented to the Bureau that no payments had been received by it on the funeral contract, that no out of pocket payments had been made by R. H., and that an outstanding balance of $10,000 on the funeral contract was still owed. This representation made to the Bureau was a false and a material misstatement of fact. 16. On June 1, 2016, the Bureau made a payment to Respondent of $7,500, the maximum compensation allowed for actual funeral expenses, pursuant to sections 960.13(4) and ATN 27324 440.16(a), Florida Statutes. 17. On June 15, 2016, Respondent represented a second time to the Bureau that no additional payments had been received on the funeral contract, other than the $7,500 received from the Bureau. This representation made to the Bureau was a false and a material misstatement of fact. . 18. The above-mentioned transactions conducted by Respondent with the Bureau and its representations made in their furtherance were fraudulent. Respondent was not entitled to any funds from the Bureau under chapter 960, Florida Statutes. The Bureau would not have paid the $7,500 award under chapter 960, Florida Statutes, to Respondent except for Respondent’s fraudulent misrepresentations and material misstatements of fact. 19. _R. H. has demanded an accounting of the funds paid to the Respondent on the funeral contract and a refund, but the Respondent has refused to provide either an accounting or arefund toR.H. COUNT I 20. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through nineteen as if fully set forth herein. 2k. Section 497.152(1)(a), Florida Statutes, provides that “violating 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. 22, Section 497.152(1)(b), Florida Statutes, 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,” and constitutes grounds for discipline. ATN 27324 23. Section 497.152(4)(g), Florida Statutes, provides that “{mJaking or filing a statement to any government entity that the licensee knows or has reason to know is false” constitutes grounds for discipline, 24, Section 497.152(9)(f), Florida Statutes, provides that “[d]irectly or indirectly making any deceptive, misleading, or untrue representations, whether oral or written, or employing any trick, scheme, or artifice, in or related to the practice of the profession or occupations regulated under this chapter [497], including the sale of any merchandise or services related to the practice of the profession or occupation” is a disciplinable offense. 25. Based upon the foregoing, the Respondent, by obtaining $7,500 from the Bureau by false and fraudulent misrepresentations to the Bureau that it had not received any funds from R. H. in payment of the funeral contract, and thereby knowingly receiving funds by fraud and deceit that it was not entitled to, has violated sections 497.152(1)(a), 497.152(1)(b), 497.152(4)(g), and 497.152(9)(f), Florida Statutes, and is subject to discipline thereunder. COUNT II 26. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through nineteen as if fully set forth herein. 27. Section 497,152(1)(a), Florida Statutes, provides that “violating 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. 28. Section 497.152(1)(b), Florida Statutes, 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,” and constitutes grounds for discipline. ATN 27324 29. Section 497.152(9)(f), Florida Statutes, provides that “[dJirectly or indirectly making any deceptive, misleading, or untrue representations, whether oral or written, or employing any trick, scheme, or artifice, in or related to the practice of the profession or occupations regulated under this chapter [497], including the sale of any merchandise or services related to the practice of the profession or occupation” is a disciplinable offense. 30. Section 497,152(13)(a), Florida Statutes, provides that “[flailing, without reasonable justification, to timely honor contracts entered into by the licensee or under the licensee’s license for funeral or burial merchandise or services” is a disciplinable offense. 31. Respondent, by receiving funds in excess of the contract price, and by refusing to refund or account to R. H. for the overcharge, has refused, without reasonable justification, to _ honor the funeral contract. 32. Based upon the foregoing, Respondent has violated sections 497.152(1)(a), 497.152(1)(b), 497.152(9)(f), and 497.152(13)(a), Florida Statutes, and is subject to discipline thereunder. ATN 27324 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 its 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 its license on probation; assessment of costs associated with the investigation and prosecution; 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 [3 day of Ae ~ , 2018. PC Found: 04/11/2017 PC Found By: Al Hall, Richard Chesler, Jean Anderson ATN 27324 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 (2015), 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) 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 challengirig the grounds upon which the Board has relied. While a hearing is normally not required in the absence of a dispute ATN 27324 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. ATN 27324 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES OFFICE OF THE GENERAL COUNSEL DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY, AND CONSUMER SERVICES, Petitioner, ve Case No, 200648-16-FC -FC LAMPKINS PATTERSON CREMATION FUNERAL SERVICE, INC. Respondent, ELECTION OF PROCEEDING I 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. 1am requesting disposition of this matter as indicated below. (CHOOSE ONE) : a By 3.0] I 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, 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: {] 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 focation of a regularly scheduled Board meeting. 1 do dispute one or more of the Department's factual allegations. 1 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 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, Print Name 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. 10 ATN 27324 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished by U.S. Certified Mail, return receipt requested to Respondent, Lampkins Patterson Cremation Funeral Service Inc. at 6615 Arlington Expressway, Jacksonville, Florida 32211, and to Dial Accounting Service, registered agent for Respondent, at 144 Arlington Road §, Ste. 2, Jacksonville, Florida 32256, onthis | 9145 of f ov , 2018, Florida Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4125 11 ATN 27324

Docket for Case No: 18-002995