Petitioner: DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY, AND CONSUMER SERVICES
Respondent: RICHARDSON'S FAMILY FUNERAL CARE, INC.
Judges: JAMES H. PETERSON, III
Agency: Department of Financial Services
Locations: Tallahassee, Florida
Filed: Nov. 28, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 24, 2019.
Latest Update: Dec. 25, 2024
CHIEF FINANCIAL OFFICER
JIMMY PATRONIS
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES,
DIVISION OF FUNERAL, CEMETERY, AND
CONSUMER SERVICES,
Petitioner,
Vv. Case No. 221178-18-FC
RICHARDSON’S FAMILY FUNERAL CARE,
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 Richardson’s Family Funeral Care, 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.
2. At all times material to this complaint, Respondent was licensed as a funeral
establishment, license number F055378. Derryck Theodis Richardson, Sr. (Richardson, Sr.), is the
owner and the licensed funeral director in charge (FDIC) of Respondent, license number F045502.
3. At all times material to this complaint, Respondent was located in and doing
business in Tallahassee, Florida.
ATN 29712
4. At no times material to this complaint did either Respondent or Richardson, Sr.,
hold a valid preneed license pursuant to section 497.452(1)(a), Florida Statutes.
COUNTS 1-18
5: The Department realleges and incorporates by reference the allegations set forth in
paragraphs one through four as if fully set forth herein.
6. Respondent, either through Richardson, Sr., and/or other employees, made
arrangements with North Florida Office of the Public Guardian (NFOPG) for funeral services on
a preneed funeral contract and guaranteed the price of funeral services at a future date, on behalf
of the 18 Florida consumers listed in the attached Appendix A.
7. Section 497.152(1){a), Florida Statutes, provides it is a violation to violate any
provision of chapter 497, Florida Statutes, or any lawful order of the Board or Department.
8. Section 497.152(5)(a), Florida Statutes, provides it is a violation to “practice
beyond the scope permitted by this chapter 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.”
©. Section 497.152(11)(d), Florida Statutes, provides it is a violation to guarantee the
price of goods or services at a future date without possessing a valid preneed license.
10. — Section 497.452(1)(a), Florida Statutes, provides that “[nJo person, including any
cemetery exempt under section 497.260, Florida Statutes, may sell, advertise to sell, or make an
arrangement for a preneed contract without first having a valid preneed license.”
11. Based on the foregoing, Respondent violated section 497.452(1)(a), Florida
Statutes, by making arrangements for funeral services on a preneed funeral contract and is
therefore subject to discipline pursuant to sections 497.152(1)(a) and (5)(a), Florida Statutes.
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Respondent has also violated section 497.152(11)(d), Florida Statutes, by guaranteeing the price
of services at a future date without possessing a valid preneed license, and is therefore subject to
discipline thereunder.
COUNTS 19-29
12.° The Department realleges and incorporates by reference the allegations set forth in
paragraphs one through four as if fully set forth herein.
13. Respondent, either through the actions of Richardson, Sr., and/or other employees,
made arrangements with NFOPG for funeral services on a preneed funeral contract, guaranteed
the price of funeral services at a future date, and fulfilled the contracts on behalf of the 11 Florida
consumers listed in the attached Appendix B.
14. — Section 497.152(1)(a), Florida Statutes, provides it is a violation to violate any
provision of chapter 497, Florida Statutes, or any lawful order of the Board or Department.
15. Section 497.152(5)(a), Florida Statutes, provides it is a violation to “practice
beyond the scope permitted by this chapter 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.”
16. Section 497.152(11)(d), Florida Statutes, provides it is a violation to guarantee the
price of goods or services at a future date without possessing a valid preneed license.
17. — Section 497.452(1)(a), Florida Statutes, provides that “[n]o person, including any
cemetery exempt under section 497.260, Florida Statutes, may sell, advertise to sell, or make an
arrangement for a preneed contract without first having a valid preneed license.”
18. Based on the foregoing, Respondent violated section 497.452(1)(a), Florida
Statutes, by making funeral arrangements on a preneed funeral contract and is therefore subject to
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discipline pursuant to sections 497.152(1)(a) and (5)(a), Florida Statutes. Respondent has also
violated section 497.152(11)(d), Florida Statutes, by guaranteeing the price of services at a future
date without possessing a valid preneed license and is therefore subject to discipline.
COUNT 30
19. The Department realleges and incorporates by reference the allegations set forth in
paragraphs one through four as if fully set forth herein.
20. Pursuant to the Consent Order entered in case number 197852-16-FC, Respondent
agreed not to violate chapter 497, Florida Statutes, including expressly section 497.452(1)(a),
Florida Statutes.
21. Respondent, through Richardson, Sr., and/or other employees, made funeral
arrangements on December 16, 2016, and February 18, 2018, with NFOPG for funeral services on
preneed funeral contracts, and guaranteed the price of funeral services at a future date on behalf of
two Florida consumers, B.J.T and M.W.
22. Based on the foregoing, the Respondent has violated an Order of the Department
by violating chapter 497, Florida Statutes and is therefore subject to discipline pursuant to section
497.152(1)(a), Florida Statutes.
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WHEREFORE, the Department respectfully requests that the Board enter an order
imposing any or all penalties delineated within section 497.153(5), Florida Statutes, against
Respondent and any other relief that the Board is authorized to impose pursuant to the Florida
Funeral, Cemetery, and Consumer Services Act.
ni __
DATED and SIGNED this 2/9 dayof ——_\ shoe 2018.
\
—f ne Stes...
At Wo |
Chasity O’Stee!
General Counse’
PC Found: March 13, 2018
PC Found By: Keenan Knopke and Nancy Hubble
ATN 29712 5
APPENDIX A
]
COUNT NUMBER CONSUMER CONSUMER DATE
INITIALS FOR INITIALS FOR
WHOM WHOM
RESPONDENT RESPONDENT
MADE GUARANTEED
ARRANGEMENTS THE PRICE OF
FOR A PRENEED SERVICES ATA
CONTRACT FUTURE DATE
1 P.A.S. P.A.S. 12/11/2012
2 JJ. TJs 04/02/2013
3 K.C. KC. 02/26/2014
4 C.L.T. C.L.T. 07/09/2014
5 M.H. M.H. 07/24/2014
6 HLA. H.A. 07/24/2015
7 B.S. BS. 10/07/2014
8 JP. J.P. 04/22/2015
9 IB. J.B. 04/30/2015
10 C.B.G C.B.G. 09/10/2015
ll L.R.W. L.R.W. 10/26/2015
12 IL.L.M LL.M. 05/11/2016
13 A.M A.M. 09/01/2016
14 C.B CB 09/07/2016
09/07/2016
11/09/2016
12/16/2016
2/18/2018
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APPENDIX B
COUNT NUMBER CONSUMER CONSUMER DATE
INITIALS FOR INITIALS FOR
WHOM WHOM
RESPONDENT RESPONDENT
MADE GUARANTEED
ARRANGEMENTS | THE PRICE OF
FOR APRENEED | SERVICES ATA
CONTRACT FUTURE DATE
19 DB DB. 04/30/2015
20 G.C. G.C. 02/20/2012 |
21 TH. TH. 05/31/2015
22 YM. YM. UNKNOWN
23 IP. JP. 05/29/2015
24 CR. CR. 05/22/2015
25 WSS. Ws. 08/31/2016
26 AS. AS. 06/28/2013
27 W.T. W.T. 03/18/2013
28 VW. VW. 07/16/2014
29 Cw. CW. 05/10/2016
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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 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) Astatement requesting an administrative hearing identifying those material facts
that are in dispute. If there are none, the petition must so indicate.
(d) | Astatement 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
ATN 29712 8
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 (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.
ATN 29712 9
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
OFFICE OF THE GENERAL COUNSEL
DEPARTMENT OF FINANCIAL SERVICES,
DIVISION OF FUNERAL, CEMETERY, AND
CONSUMER SERVICES,
Plaintiff
Case No. 221178-18-FC
RICHARDSON’S FAMILY FUNERAL CARE,
INC.
Respondent.
ELECTION OF PROCEEDING
1 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)
Lf]
3.0]
I 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.
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:
{] 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.
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, Ihave
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.:
ATN 29712 10
CERTIFICATE OF SERVICE
I 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 an Family Funeral Care, Inc., at P.O. Box 20348, Tallahassee,
Florida 32316, this UG ay of ey, 2018.
Fj f
7199 9992 7032 72b6 SOH3 (Ad /< oy .
James A. Bossart
Senior Attorney
~~ Office of the General Counsel
Florida Department of Financial Services
200 East Gaines Street
Tallahassee, Florida 32399-0333
(850) 413-4124
ae
4
q
ATN 29712 11
CERTIFICATE OF SERVICE
I 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 Richardson’s Family Funeral Care, Inc., at 2627 S Adams St,
Tallahassee, FL 32301, this 8th day of August, 2018.
7
91 7199 9991 7032 7268 5104 A Vs fp
IG aun
James A. Bossart
| Senior Attorney
Office of the General Counsel
Florida Department of Financial Services
200 East Gaines Street
Tallahassee, Florida 32399-0333
(850) 413-4124
ATN 29712 12
Docket for Case No: 18-006286
Issue Date |
Proceedings |
Jan. 24, 2019 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jan. 24, 2019 |
Notice of Withdrawal of Petition for Hearing Pursuant to 120.57(1), Florida Statutes before the Division of Administrative Hearings and Request for Informal Hearing filed.
|
Jan. 23, 2019 |
Return of Service filed.
|
Jan. 23, 2019 |
Return of Service filed.
|
Jan. 17, 2019 |
Motion to Consolidate filed.
|
Dec. 20, 2018 |
Respondent's Request for Production of Documents filed.
|
Dec. 20, 2018 |
Respondent's First Set of Interrogatories to Petitioner filed.
|
Dec. 18, 2018 |
Order of Pre-hearing Instructions.
|
Dec. 18, 2018 |
Notice of Hearing (hearing set for February 4, 2019; 9:00 a.m.; Tallahassee, FL).
|
Dec. 07, 2018 |
Response to Initial Order filed.
|
Nov. 30, 2018 |
Initial Order.
|
Nov. 28, 2018 |
Administrative Complaint filed.
|
Nov. 28, 2018 |
Election of Proceeding filed.
|
Nov. 28, 2018 |
Petition for Hearing Pursuant to 120.57(1), Florida Statutes before the Division of Administrative Hearings filed.
|
Nov. 28, 2018 |
Agency referral filed.
|