STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
LAKELAND MEMORIAL GARDENS, INC., )
)
Petitioner, )
)
vs. ) Case No. 96-2207
) DEPARTMENT OF BANKING AND FINANCE, ) DIVISION OF FINANCE and TRINITY ) MEMORIAL GARDENS OF LAKELAND, INC., )
)
Respondents. )
)
ORDER AWARDING ATTORNEY'S FEES AND COSTS
This matter camme on for hearing on May 28, 1997, in Tallahassee, Florida, on the Motion for Determination of Amount of Attorney's Fees and Costs to be Awarded filed by Respondent Trinity Memorial Gardens of Lakeland, Inc. (Trinity). After hearing and considering the testimony of the witnesses and Trinity's Exhibit 1 and after reveiwing the record including Trinity's motion, the corrected affidavit and the response to the motion filed by Lakeland Memorial Gardens, Inc. (Lakeland Memorial), it is, therefore,
ORDERED that the Petitioner Lakeland Memorial shall forthwith pay to Respondent Trinity the sum of $6,747.19 which includes attorney's fees in the amount of $5,626.50 (34.10 hours times $165.00 hourly rate) and costs in the amount of $1,120.69.
DONE AND ENTERED this 28th day of August, 1997, in Tallahassee, Leon County, Florida.
WILLIAM R. CAVE
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(904) 488-9675 SUNCOM 278-9675
Fax Filing (904) 921-6947
Filed with the Clerk of the Division of Administrative Hearings this 28th day of August, 1997.
COPIES FURNISHED:
Theresa G. Walsh, Esquire Office of the Comptroller
101 East Gaines Street, Suite 526 Tallahassee, Florida 32399-0350
Bruce Culpepper, Esquire
AKERMAN, SENTERFITT and EIDSON, P.A.
216 South Monroe Street, Suite 200 Post Office Box 10555
Tallahassee, Florida 32302-2555
Chris H. Bentley, Esquire Diane D. Tremor, P.A. John L. Wharton, Esquire
Rose, Sundstrom and Bentley 2548 Blairstone Pines Drive Tallahassee, Florida 32301
William E. Williams, Esquire HUEY, GUILDAY AND TUCKER, P.A.
106 College Avenue Highpoint Center, Suite 900 Tallahassee, Florida 32302
Harry Hooper, General Counsel Department of Banking and Finance The Capitol, Room 1302 Tallahassee, Florida 32399-0350
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
LAKELAND MEMORIAL GARDENS, INC., )
)
Petitioner, )
)
vs. ) Case No. 96-2207
) DEPARTMENT OF BANKING AND FINANCE, ) DIVISION OF FINANCE and TRINITY ) MEMORIAL GARDENS OF LAKELAND, INC., )
)
Respondents. )
)
RECOMMENDED ORDER
Upon due notice, William R. Cave, Administrative Law Judge, Division of Administrative Hearings, held a formal hearing in this matter commencing on June 17, 1997, and continuing on
June 18-19, 1997, and July 21-22, 1997, in Tallahassee, Florida.
APPEARANCES
For Petitioner: Bruce Culpepper, Esquire
Akerman, Senterfitt and Eidson
216 South Monroe Street Suite 200
Post Office Box 10555 Tallahassee, Florida 32302-2555
William E. Williams, Esquire Huey, Guilday and Tucker, P.A.
106 College Avenue Highpoint Center, Suite 900 Tallahassee, Florida 32302
For Respondent: Theresa G. Walsh, Esquire Department of Office of the Comptroller Banking and 101 Gaines Street Finance, Division Suite 526
of Finance Tallahassee, Florida 32399-0350
For Respondent: Chris H. Bentley, P.A. Trinity Memorial Diane D. Tremor, P.A. Gardens of John L. Wharton, Esquire
Lakeland, Inc. Rose, Sundstrom and Bentley, L.L.P.
2548 Blairstone Pines Drive Tallahassee, Florida 32301
STATEMENT OF THE ISSUE
Should the application to organize a new cemetery company submitted by Trinity Memorial Gardens of Lakeland, Inc. (Trinity), be granted.
PRELIMINARY MATTERS
Trinity filed an application for a license to organize and operate a new cemetery company in Polk County, Florida. By publication in the Florida Administrative Weekly on March 29, 1996, the State of Florida, Board of Funeral and Cemetery Services (Board) and the Department of Banking and Finance, Division of Finance (Department), issued a Notice of Intent to Approve the Application for a New Cemetery Company submitted by Trinity. Thereafter, Lakeland Memorial Gardens, Inc. (Lakeland Memorial), an existing cemetery in Polk County, Florida, filed a petition for an administrative hearing to protest the action proposed by the Department. The Department referred the matter to the Division of Administrative Hearings (Division) for the assignment of an Administrative Law Judge and for the conduct of a formal hearing.
At the hearing, Trinity presented the testimony of Lawrence F. Sloane, M. Wayne Blackburn, and Ted Lincks. Trinity's Exhibits 1 through 8 were received as evidence. The
Department presented the testimony of Korrine Harper. The Department's Exhibits 1 through 7 were received as evidence. Lakeland Memorial presented the testimony of Dale E. Grinstead and Arnold Heggestad. Lakeland Memorial's Exhibits 1 and 2 were received as evidence.
Volumes 1 through 6 of the transcript of the hearing commencing on June 17, 1997, and continuing on through June 19, 1997, were filed with the Division on July 2, 1997. Volumes 7 and 8 of the transcript of the hearing commencing on
July 21 through 22, 1997, were filed with the Division on August 1, 1997. The parties timely filed their proposed findings of fact and conclusions of law.
FINDINGS OF FACT
Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant findings of fact are made:
BACKGROUND
The Department is the agency of the State of Florida charged with the responsibility of receiving and processing application for organizing a new cemetery company in the State of Florida. Independent of the Board, the Department must determine if (a) the existing licensed facilities within the community are adequate and solvent; (b) there is a need for a new cemetery within the community of the proposed cemetery; and (c) the criteria of need should be waived in order to promote competition
within the county where the new cemetery is to be located.
Independent of the Department, the Board must determine if the applicant processes the ability, experience, financial stability, and integrity needed to operate a cemetery.
On September 15, 1995, Trinity submitted to the Department its application to organize a new cemetery to be located in the northeastern portion of Polk County, Florida, at the northwest corner of Mall Hill Drive and Griffin Road (proposed cemetery site). The Department deemed the application complete on November 22, 1995. After review of Trinity's application, both the Department and the Board noticed their intent to approve Trinity's application.
Lakeland Memorial did not challenge the Board's determination that Trinity possessed the ability, experience, financial stability, and integrity to operate a cemetery, and the parties have stipulated that Trinity meets those criteria and the other requirements set forth in Section 497.201(2), Florida Statutes.
During the application process, Trinity requested that the Department waive the need criteria set forth in
Section 497.201(3), Florida Statutes, in order to promote competition in a county with less than six cemeteries operated by different licensees as provided for in Section 497.201(3), Florida Statutes. At the close of the final hearing on July 22,
1997, the Department had not reached a conclusion as to the waiver of the needed criteria.
There are two licensed cemeteries in Polk County, Florida, each operated by a different licensee. The two licensees are Glen Abbey Cemetery (Glen Abbey), owned by Service Corporation International (SCI), and Lakeland Memorial.
There are three licensed cemeteries located in the area within a 15-mile radius surrounding the proposed cemetery site. The three licensed cemeteries are Glen Abbey, Lakeland Memorial, and Hopewell Memorial Gardens, Inc.
Lakeland Memorial has been in existence for over forty-four years and was purchased by Jack Grinstead in 1980.
Lakeland Memorial is known as a "combination facility," since it has a funeral home on site. Lakeland Memorial conducted three hundred thirteen burials in 1995, and three hundred fourteen burials in 1996. Lakeland Memorial's level of cemetery sales have remained fairly constant over the past eight years.
Lakeland Memorial is a very profitable and healthy company.
There are thirty-two exempt cemeteries located in the area within a fifteen-mile radius surrounding the proposed cemetery site.
NEED, ADEQUACY, AND SOLVENCY
In its determination of need, the Department applied the statutory definition of community as an area within a fifteen-mile radius surrounding the location of the proposed
cemetery site. The Department did not follow the specific language of 3F-4.004(4)(b)1., Florida Administrative Code, which defines community as the smallest area contiguous to the proposed cemetery site from which approximately seventy-five percent of sales of burial spaces are expected to be derived.
After the Department identified the community, it prepared a Need Survey in accordance with Section 497.201(3), Florida Statutes, to determine the adequacy of space available for burials in the community for a period of thirty years. The population within the community of the proposed cemetery site was determined to be approximately 293,000. The community included portions of Polk, Hillsborough, and Pasco counties. Once the community population was calculated, the deaths per year were determined by applying the death rate to the population of each portion of the counties included in the community for each year beginning in 1997. The Department then applied the deaths for each of the three counties, determined from the Office of Vital Statistics' annual report for 1995, and upon application of the burial-to-death ratio, derived from the same source, the expected number of burials was determined for the community for the next thirty years.
Utilizing this data, the Department determined there would be a surplus of 62,652 available spaces in the year 2026 in the area within a fifteen-mile radius surrounding the proposed cemetery site.
In accordance with Rule 3F-5.004(4)(b)2., Florida Administrative Code, the Department then determined which cemeteries would derive a majority of their sales of burial spaces from the same community as Trinity by including those cemeteries that are within the area of a twelve-mile radius surrounding the proposed cemetery site. The Department also determined that there would be a surplus of 33,959 available spaces in the year 2026 within the area of a twelve-mile radius surrounding the proposed cemetery site.
The Department reviewed the Reports of Examination of each licensed cemetery in the area within a fifteen-mile radius surrounding the proposed cemetery site and determined that the trust funds of each of those existing licensed facilities are solvent, and by extension, the licensed facilities were likewise solvent.
The Department determined that there was no need for a new cemetery, that the existing facilities are adequate, and that the existing facilities are solvent.
Lawrence F. Sloane, accepted as an expert in the area of cemetery need and feasibility studies, cemetery competition, cemetery management, and cemetery strategic business planning, performed a need analysis with regard to the proposed cemetery site. Mr. Sloane first determined the smallest contiguous area from which approximately seventy-five percent of Trinity's sales of burial spaces would be expected to be derived which Mr. Sloane determined to be Trinity's "community." The area delineated is depicted on Trinity's Exhibit number 6, and includes two zip codes and twelve census tracts. This area is within, but smaller than, the area of the fifteen-mile radius surrounding Trinity's proposed cemetery site. There are no licensed cemeteries within this area. There are five small church cemeteries within this area, all of which derive a majority of their sales of burial spaces from that area. Lakeland Memorial does not derive a majority of its sales of burial spaces from that area. Using the
available burial spaces within the existing five cemeteries as well as the area's population, rate of growth, death rate, and the ratio of burials to death, Mr. Sloane determined that there would be a need for a new cemetery within the area Mr. Sloane considers to be Trinity's community.
Trinity's community as set out by Mr. Sloane, comes within the definition of community as defined in
Rule 3F-5.004(4)(b)1., Florida Administrative Code, but does not come within the definition of community as that term is defined in Section 497.005(28), Florida Statutes.
It is concluded that no need has been established for Trinity's proposed cemetery, notwithstanding the testimony of Mr. Sloane to the contrary. Additionally, it is concluded that the existing facilities are adequate to serve the community and that the trust funds of the existing licensed facilities as well as the existing licensed facilities are solvent.
PROMOTION OF COMPETITION
Trinity proposes to locate its cemetery in the northeastern portion of Polk County, an area which is expanding in terms of both residential and commercial growth. The church across the street from the proposed cemetery site has a congregation of 4,500 to 5,000 persons, is expanding its facility to meet residential growth in the north Lakeland area, and currently conducts forty-five-to-fifty funerals a year. The development of a new cemetery on the north side of Lakeland would benefit the members of that church as well as the general public
who reside on the north side of Lakeland.
A lengthy funeral procession from the location of the funeral to the location of internment is undesirable because a funeral is a difficult time for the family, and the longer it takes to complete the process, the harder it is on the loved ones.
Based on a study conducted by Trinity, the travel time from three starting points north of Interstate 4 to the proposed cemetery site was considerably less than the travel time from those same starting points to Lakeland Memorial or City Cemetery.
The concept of convenience and the location of competitors are key elements in cemetery competition. In terms of convenience and accessibility, there is a need for a cemetery in the area of proposed cemetery site. The location of the proposed cemetery site makes it very accessible, and it is convenient in terms of time with respect to funeral processions. In that regard, Trinity's proposed location will promote competition.
Through advertising and education, typically accelerated when there is competition in the market, consumers are given options and can make informed choices. The entry of a third licensee into the market will promote competition with respect to prices, services, and education of the consumer.
Trinity will market itself on a pre-need basis, and the consumer will be presented with information and options at an
unemotional time when the consumer can make informed decisions. Trinity's competitors will respond by improving their services, prices, and educational efforts.
Lakeland Memorial engages in "very low-key advertising" designed merely to put its name before the public and, with the exception of taking advantage of some new media innovations, Lakeland Memorial has performed the same kind of marketing activities for the past seventeen years. However, if Trinity enters the Polk County market, Lakeland Memorial intends to adapt appropriately and compete with Trinity in order to retain an adequate share of that market.
Based on Mr. Sloane’s review of Lakeland Memorial’s sales contracts, the marketing program of both Lakeland Memorial and Glen Abbey, and his experience in the cemetery business, it is Mr. Sloan’s opinion that there are large numbers of consumers who are not currently being reached by the marketing programs of either Lakeland Memorial or Glen Abbey. There is room and an opportunity for Trinity to reach those consumers, and those consumers will receive the benefit of that promotion of competition.
Trinity's entrance into the cemetery business in Polk County will promote competition in the cemetery business such that it will support a waiver of the need criteria as set out in Section 497.201(3), Florida Statutes, notwithstanding the testimony of Dr. Heggestad to the contrary, which I find lacks
credibility due to his apparent lack of familiarity with the cemetery business and his lack of preparation. In regard to Trinity's entrance into the cemetery business promoting competition, I find the testimony of Mr. Sloane to be credible.
Although Trinity's entrance into the cemetery business in Polk county will promote competition, there is insufficient evidence that such competition would have a detrimental effect on either of the two licensed cemeteries to the point that either of the licensed cemeteries would become insolvent or go out of business, notwithstanding the testimony of Dr. Heggestad to the contrary, which I find lacks credibility due his apparent lack of familiarity with the cemetery business and his lack of preparation. In this regard, I find the testimony of Mr. Sloane to be credible.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, in these proceedings pursuant to Sections 120.57(1), Florida Statutes.
As the applicant, Trinity has the burden to prove by a preponderance of the evidence that it is entitled to the requested license, either by demonstrating a "need" for the proposed new cemetery, or, in the alternative, that the need criteria should be waived in order to promote competition. Section 120.57(1)(h), Florida Statutes; Pershing Industries, Inc.
vs. Department of Banking and Finance, 591 So. 2d 991, 994 (1st DCA Fla. 1991); Department of Transportation vs. JWC Co., Inc., 396 So. 2d 778 (1st DCA Fla. 1981).
In reviewing an application for a license for a new cemetery, the Department is required to determine if there is a need for the new cemetery. Section 497.201(3), Florida Statutes provides:
(3) The department shall determine the need for a new cemetery by considering the adequacy of existing cemetery facilities, licensed and unlicensed, within the community; the solvency of the trust funds of existing facilities; and the relationship between population, rate of population growth, death rate, and ratio of burials to deaths to meet the projected need for burial spaces for a period of 30 years. In order to promote competition the department may waive the criteria of this subsection so that each county may have at least six cemeteries operated by different licensees. (emphasis added)
Rule 3F-5.004(4), Florida Administrative Code, provides:
(4) Criteria for licensing a new cemetery
In making its determination as to the need for an additional cemetery company for the general benefit of the public, the Department shall not increase the available inventory of burial spaces beyond the expected need for a period of 30 years from the date of application.
In the investigation to determine need for a new cemetery the Department shall consider the following criteria:
The community in which the cemetery is to be located shall be defined for the purpose of seeking authority to organize a cemetery pursuant to Chapter 497, F.S., as the smallest area contiguous to the proposed
cemetery for which approximately seventy-five percent of sales of burial spaces are expected to be derived.
After the community area is determined, the Department shall consider the adequacy of the existing facilities by obtaining from all profit, nonprofit, religious, and municipal cemeteries that would also derive the majority of their sales from the same community as the applicant, the number of burial spaces available in ground burials, lawn crypts, mausoleums, including contemplated mausoleums structures in which sales have been made, requiring construction within five years from the date of sale, plus unplatted reserve acreage as stated on the annual report of cemetery estimated at 1200 burial spaces per acre.
The population, its rate of growth,
the death-rate, and the ratio of burials to deaths shall be determined from latest statistical information available for the community in which the proposed cemetery is to be located.
Section 497.005(28), Florida Statutes, defines "community" as ". . . the area within a 15-mile radius surrounding the location or proposed location of a cemetery." The definition of community contained in Section 497.005(28),
Florida Statutes, was added in 1993 by the legislature in Chapter 93-399, Section 40, Laws of Florida, after the Department adopted 3F-5.004(4)(b), Florida Administrative Code.
The definition of "community" in Section 497.005(28), Florida Statutes, is clear and unambiguous and must be given its plain and obvious meaning. See Holly vs. Auld, 450 So. 2d 217,
218 (Fla. 1984) citing A. R. Douglas, Inc. vs. McRainey, 137 So.
157 (Fla. 1931). Clearly, the legislature intended the community to include the total area within a 15-mile radius, and not a
portion of that area within a 15-mile radius calculated "... as the smallest area contiguous to the proposed cemetery from which approximately seventy-five percent of sales of burial spaces are expected to be derived." The Department's definition of community as set out in Rule 3F-5.004(4)(b)1., Florida Administrative Code, is clearly in irreconcilable conflict with the statutory definition of community in Section 497.005(28), Florida Statutes, and thus cannot serve as the basis for the determination of need in this case. See Seitz vs. Duval County School Board, 366 So. 2d 119, 121 (1st DCA Fla. 1979).
Consequently, the Department's utilization of the fifteen-mile radius in determining that there will exist an excess capacity in the applicable community of 62,652 burial spaces at the applicable thirty-year planning horizon is the appropriate need determination in this proceeding. The record clearly establishes that the amount of space currently unsold and available far exceeds the projected need in the community for the thirty-year horizon from the date of Trinity's application. Trinity has failed to meet its burden of showing a "need" for its proposed cemetery.
The Department made an alternative need determination utilizing a twelve-mile radius in conjunction with the provisions of Rule 3F-5.004(4)(b)2., Florida Administrative Code. However, having concluded that the Department's need determination made by utilizing the fifteen-mile radius was the appropriate need
determination in this proceeding, it unnecessary to reach the issue of the Department's application of Rule 3F-5.004(4)(b)2., Florida Administrative Code.
Clearly, a review of Chapter 497, Florida Statutes, illustrates the legislative intent is to promote, not restrict, competition in the cemetery business.
The evidence clearly demonstrates that Trinity, which possesses the ability, experience, financial stability, and integrity to operate a cemetery, in order to distinguish itself and establish business, will promote and enhance competition among the other cemeteries in Polk County, Florida, without any detrimental effect on the other cemeteries.
Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department enter a Final Order granting Trinity's application to establish a new cemetery in Polk County, Florida.
DONE AND ENTERED this 2nd day of September, 1997, in Tallahassee, Leon County, Florida.
WILLIAM R. CAVE
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(904) 488-9675 SUNCOM 278-9675
Fax Filing (904) 921-6947
Filed with the Clerk of the Division of Administrative Hearings this 2nd day of September, 1997.
COPIES FURNISHED:
Theresa G. Walsh, Esquire Office of the Comptroller
101 East Gaines Street, Suite 526 Tallahassee, Florida 32399-0350
Bruce Culpepper, Esquire
AKERMAN, SENTERFITT and EIDSON, P.A.
216 South Monroe Street, Suite 200 Post Office Box 10555
Tallahassee, Florida 32302-2555
Chris H. Bentley, Esquire Diane D. Tremor, P.A. John L. Wharton, Esquire
Rose, Sundstrom and Bentley 2548 Blairstone Pines Drive Tallahassee, Florida 32301
William E. Williams, Esquire HUEY, GUILDAY AND TUCKER, P.A.
106 College Avenue Highpoint Center, Suite 900 Tallahassee, Florida 32302
Harry Hooper, General Counsel Department of Banking and Finance The Capitol, Room 1302 Tallahassee, Florida 32399-0350
NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.
| Issue Date | Proceedings |
|---|---|
| Oct. 02, 1997 | Amended Final Order filed. |
| Oct. 01, 1997 | Final Order filed. |
| Sep. 02, 1997 | Recommended Order sent out. CASE CLOSED. Hearing held 06/17/97, 06/18-19/97 & 07/21-22/97. |
| Aug. 28, 1997 | CASE CLOSED. Order Awarding Attorney`s Fees and Costs sent out. Hearing held May 28, 1997. |
| Aug. 11, 1997 | Trinity Memorial Gardens of Lakeland, Inc.`s Proposed Recommended Order filed. |
| Aug. 11, 1997 | Petitioner`s Proposed Recommended Order filed. |
| Aug. 11, 1997 | (Banking & Finance) Proposed Recommended Order filed. |
| Aug. 01, 1997 | Notice of Filing; (Volumes 7 & 8 of 8) DOAH Court Reporter Final Hearing Transcript filed. |
| Jul. 07, 1997 | Notice of Hearing sent out. (hearing set for July 21-22, 1997; 1:00pm; Tallahassee) |
| Jul. 03, 1997 | Letter to W. Williams from T. Walsh Re: Questioning K. Harper filed. |
| Jul. 02, 1997 | Notice of Filing; (6 Volumes) DOAH Court Reporter Final Hearing Transcript filed. |
| Jun. 27, 1997 | Letter to WRC from J. Wharton Re: Hearing date filed. |
| Jun. 20, 1997 | Trinity Memorial Gardens of Lakeland, Inc.`s Notice of Taking Deposition filed. |
| Jun. 20, 1997 | Letter to WRC from H. Wharton Re: Date for hearing filed. |
| Jun. 20, 1997 | Trinity Memorial Gardens of Lakeland, Inc.`s Notice of Taking Deposition filed. |
| Jun. 16, 1997 | Order sent out. (Fl Cemetery Assn., Inc. is removed on a Party/Intervenor in Case) |
| Jun. 16, 1997 | (Trinity Memorial Gardens of Lakeland, Inc.) Response in Opposition to Emergency Motion to Consolidate filed. |
| Jun. 16, 1997 | (Signed by B. Culpepper, J. Wharton, T. Walsh) Pretrial Stipulation filed. |
| Jun. 16, 1997 | (Trinity Memorial Gardens of Lakeland, Inc.) Response in Opposition to Emergency Motion to Consolidate filed. |
| Jun. 13, 1997 | Respondent Department`s Objection to Petitioner`s Emergency Motion to Consolidate filed. |
| Jun. 13, 1997 | (Lakeland Memorial Gardens) Emergency Motion to Consolidate filed. |
| Jun. 13, 1997 | (Trinity Memorial Gardens of Lakeland) Response in Opposition to Emergency Motion to Consolidate filed. |
| Jun. 13, 1997 | (Trinity Memorial Gardens of Lakeland, Inc.) Response to Lakeland Gardens, Inc.`s First Request for Production of Documents filed. |
| Jun. 13, 1997 | (Respondent) Motion for Protective Order filed. |
| Jun. 13, 1997 | (From R. McVoy) Notice of Withdrawal filed. |
| Jun. 13, 1997 | (Trinity Memorial Gardens of Lakeland, Inc.) Notice of Withdrawal of Response in Opposition to Emergency Motion to Consolidate filed. |
| Jun. 12, 1997 | (Lakeland Memorial Gardens) Emergency Motion to Consolidate filed. (Cases requested to be consolidated: 96-2207 & 97-2840RX) |
| Jun. 12, 1997 | (From B. Culpepper) Amended Notice of Depositions filed. |
| Jun. 12, 1997 | Trinity Memorial Gardens of Lakeland, Inc.`s Notice of Canceling Deposition filed. |
| Jun. 12, 1997 | Trinity Memorial Gardens of Lakeland, Inc.`s Second Amended Notice of Taking Deposition filed. |
| Jun. 12, 1997 | Trinity Memorial Gardens of Lakeland, Inc.`s Second Amended Notice of Taking Deposition filed. |
| Jun. 11, 1997 | (From B. Culpepper) Notice of Depositions filed. |
| Jun. 11, 1997 | (2) Trinity Memorial Gardens of Lakeland, Inc.`s Amended Notice of Taking Deposition filed. |
| Jun. 11, 1997 | Trinity Memorial Gardens of Lakeland, Inc.`s Notice of Taking Telephonic Deposition filed. |
| Jun. 10, 1997 | Trinity Memorial Gardens of Lakeland, Inc.`s Notice of Taking Deposition filed. |
| Jun. 06, 1997 | Letter to WRC from J. Wharton Re: Pre-hearing order filed. |
| Jun. 04, 1997 | (William E. Williams) Notice of Appearance as Co-Counsel filed. |
| May 30, 1997 | Trinity Memorial Gardens of Lakeland, Inc.`s Amended Notice of Taking Deposition filed. |
| May 30, 1997 | (From B. Culpepper) Notice of Service of Second Supplemental Response to Trinity Memorial Gardens` Second Set of Interrogatories filed. |
| May 28, 1997 | (From J. Wharton) Notice of Hearing (filed via facsimile). |
| May 22, 1997 | (From P. Culpepper) Notice of Service of Supplemental Response to Trinity Memorial Gardens` Second Set of Interrogatories filed. |
| May 22, 1997 | (Trinity Memorial Gardens of Lakeland, Inc.) Motion to Compel Production of Documents filed. |
| May 14, 1997 | Notice of Service of Lakeland Memorial Gardens` Second Set of Interrogatories to Trinity Memorial Gardens filed. |
| Apr. 24, 1997 | Order Substituting Attorneys sent out. |
| Apr. 21, 1997 | (From R. Cohen & B. Culpepper) Amended Joint Motion for Substitution of Counsel; Order Substituting Attorneys w/cover letter filed. |
| Apr. 21, 1997 | (John Wharton) Notice of Hearing filed. |
| Apr. 14, 1997 | Notice of Lakeland and Memorial Garden, Inc.`s First Request for Production of Documents to Trinity Memorial Gardens, Inc. filed. |
| Apr. 14, 1997 | (Lakeland) Notice of Service of Answers to Trinity Memorial Gardens` Second Set of Interrogatories filed. |
| Apr. 14, 1997 | Petitioner, Lakeland Memorial Gardens, Inc.`s Response to Respondent, Trinity Memorial Garden`s Second Request for Production of Documents filed. |
| Apr. 09, 1997 | (From J. Wharton) Notice of Service of Second Set of Interrogatories to Lakeland Memorial Gardens filed. |
| Apr. 09, 1997 | Trinity Memorial Gardens` Second Request for Production of Documents by Lakeland Memorial Gardens filed. |
| Feb. 27, 1997 | Order Substituting Attorneys filed. |
| Feb. 27, 1997 | Joint Motion for Substitution of Counsel filed. |
| Feb. 07, 1997 | Prehearing Order sent out. |
| Feb. 07, 1997 | Notice of Hearing sent out. (hearing set for June 17-20, 1997; 9:00am; Tallahassee) |
| Feb. 07, 1997 | Order on Joint Motion to Reset Hearing on Fees and Costs sent out. (evidentiary hearing set for June 17-20, 1997) |
| Jan. 31, 1997 | Letter to WRC from J. Wharton Re: Hearing dates filed. |
| Jan. 29, 1997 | Joint Motion to Reset Hearing on Trinity's Motion for Determination of Amount of Attorney's Fees and Costs to Be Awarded filed. |
| Jan. 22, 1997 | (From T. Walsh) Notice of Substitution of Counsel filed. |
| Jan. 17, 1997 | (John Wharton) Notice of Canceling Hearing filed. |
| Dec. 16, 1996 | (Trinity Memorial) Notice of Hearing filed. |
| Dec. 12, 1996 | Letter to WRC from B. Culpepper Re: Requesting alternative date for final hearing filed. |
| Nov. 04, 1996 | Order Granting Petition for Leave to Intervene sent out. (by: Fl Cemetery Assn.) |
| Oct. 31, 1996 | (Ross McVoy) Re-Notice of Telephonic Hearing (filed via facsimile). |
| Oct. 30, 1996 | (Petitioner) Response to Trinity Memorial Gardens of Lakeland, Inc.`s Motion for Determination of Amount of Attorney`s Fees and Costs to Be Awarded filed. |
| Oct. 30, 1996 | Lakeland Memorial Gardens, Inc.'s Reply to Trinity Memorial Gardens of Lakeland, Inc's Response to Administrative Law Judge's Order filed. |
| Oct. 28, 1996 | (Petitioner) Notice of Taking Deposition Duces Tecum filed. |
| Oct. 25, 1996 | Trinity Memorial Gardens of Lakeland, Inc.'s Response to Administrative Law Judge's Order filed. |
| Oct. 24, 1996 | (Ross McVoy) Notice of Telephonic Hearing filed. |
| Oct. 23, 1996 | (Trinity Memorial Gardens of Lakeland, Inc.) Notice of Filing Corrected Affidavit; Affidavit filed. |
| Oct. 21, 1996 | (From C. Bentley) Motion for Determination of Amount of Attorney's Fees and Costs to Be Awarded filed. |
| Oct. 16, 1996 | (Petitioner) Response to Stipulated Motion for Continuance filed. |
| Oct. 15, 1996 | Order of Continuance sent out. (hearing cancelled; parties to file available hearing dates by 10/25/96) |
| Oct. 14, 1996 | (Trinity) Stipulated Motion for Continuance filed. |
| Oct. 14, 1996 | (Trinity Memorial Gardens of Lakeland, Inc.) Motion in Opposition to Petition for Leave to Intervene Filed by Florida Cemetery Association filed. |
| Oct. 11, 1996 | Department's Response to Petition for Leave to Intervene And Motion for Oral Argument (filed via facsimile). |
| Oct. 09, 1996 | (Respondent) Response to Department of Banking and Finance's Second Request for Admissions to Trinity Memorial Gardens of Lakeland, Inc.; Certificate of Service of Response to Second Set of Interrogatories to Trinity Memorial Gardens of Lakeland, Inc. rec |
| Oct. 09, 1996 | (Trinity Memorial Gardens of Lakeland, Inc.) Response to Department of Banking and Finance's Second Request for Production to Trinity Memorial Gardens of Lakeland, Inc. filed. |
| Oct. 07, 1996 | Trinity Memorial Gardens of Lakeland, Inc. Notice of Taking Deposition Duces Tecum (Respondent`s) filed. |
| Oct. 02, 1996 | (Florida Cemetery Association) Petition for Leave to Intervene And Motion for Oral Argument filed. |
| Oct. 02, 1996 | Notice of Filing; DOAH Court Reporter Final Hearing Transcript (1 Volume, tagged) filed. |
| Sep. 30, 1996 | Letter to A. Moreland from R. Cohen Re: Response to letter dated 9/16/96 filed. |
| Sep. 30, 1996 | (Petitioner) Notice of Service of Additional Answers to Interrogatories filed. |
| Sep. 26, 1996 | (Respondent) Notice of Hearing (filed via facsimile). |
| Sep. 23, 1996 | (From J. Wharton) Notice of Service of Answers to Interrogatories filed. |
| Sep. 23, 1996 | Respondent, Trinity Memorial Gardens` of Lakeland, Inc.`s, Response to Lakeland Memorial Gardens, Inc.`s First Request for Production of Documents filed. |
| Sep. 23, 1996 | (John Wharton) Notice of Hearing filed. |
| Sep. 20, 1996 | (Petitioner) Notice Cancelling Hearing filed. |
| Sep. 20, 1996 | Notice of Hearing (filed via facsimile). (from J. Wharton) |
| Sep. 19, 1996 | Letter to Hearing Officer from R. Cohen Re: Unavailability to participate in hearing scheduled for 9/23/96 filed. |
| Sep. 19, 1996 | Letter to Hearing Officer from J. Wharton Re: Mr. Cohen`s letter dated 9/19/96 filed. |
| Sep. 19, 1996 | Letter to Hearing Officer from J. Wharton Re: Hearing scheduled for 9/23/96 at 2:00 p.m. filed. |
| Sep. 19, 1996 | Letter to WRC from J. Wharton (re: discovery of documents; request for expedited resolve to issues) (filed via facsimile). |
| Sep. 19, 1996 | (John Wharton) Notice of Hearing filed. |
| Sep. 16, 1996 | CC: Letter to Bruce Culpepper from Andrea Moreland (RE: request for supplemental responses) (filed via facsimile). |
| Sep. 13, 1996 | Trinity Memorial Gardens of Lakeland, Inc.'s Motion for Expenses and Motion for Second Order Compelling Discovery filed. |
| Sep. 12, 1996 | Notice of Filing; DOAH Court Reporter Final Hearing Transcript (1 Volume, tagged) filed. |
| Sep. 10, 1996 | Order sent out. (re: production of documents) |
| Aug. 30, 1996 | Department's Notice Regarding Confidentiality of Records filed. |
| Aug. 23, 1996 | Lakeland Memorial Gardens, Inc.'s Notice of Service of its First Set of Interrogatories Upon Trinity Memorial Gardens of Lakeland, Inc. filed. |
| Aug. 23, 1996 | The Department of Banking and Finance`s Second Request for Admissionsto Trinity Memorial Gardens of Lakeland, Inc.; Certificate of Service of Second Set of Interrogatories; Second Set of Interrogatories to Trinity Memorial Gardens of Lakeland, Inc.; Secon |
| Aug. 23, 1996 | Lakeland Memorial Gardens, Inc.'s First Request for Production of Documents to Trinity Memorial Gardens of Lakeland, Inc. filed. |
| Aug. 21, 1996 | Stipulation for Protective Order (unsigned); Cover letter from B. Culpepper filed. |
| Aug. 21, 1996 | (Respondent) Notice of Hearing filed. |
| Aug. 20, 1996 | Order Denying Motion for Protective Order sent out. |
| Aug. 20, 1996 | Letter to Hearing Officer from C. Bentley Re: Language with regard to restrictions to protect confidentiality filed. |
| Aug. 20, 1996 | Order Denying Motion for Protective Order sent out. |
| Aug. 19, 1996 | Department's Notice of Unavailability And Address Change filed. |
| Aug. 19, 1996 | Order Partially Granting Motion to Compel Discovery sent out. |
| Aug. 19, 1996 | Order Denying Motion for Partial Summary Recommended Order sent out. |
| Aug. 14, 1996 | Trinity Memorial Gardens of Lakeland, Inc.'s Motion to Compel Discovery filed. |
| Aug. 14, 1996 | (Petitioner) Additional Exhibit "A" to Motion for Partial Summary Recommended Order filed. |
| Aug. 13, 1996 | (Petitioner) Notice of Cancellation of Telephone Hearing And Notice of Hearing filed. |
| Aug. 05, 1996 | Exhibit "A" to Motion for Partial Summary Recommended Order filed. |
| Aug. 02, 1996 | Trinity Memorial Gardens' Response to Petitioners' Motion for Protective Order filed. |
| Aug. 01, 1996 | Department`s Response to Petitioner`s Motion for Partial Summary Recommended Order filed. |
| Jul. 31, 1996 | Trinity Memorial Gardens of Lakeland, Inc.`s Response in Opposition to Petitioner`s Motion for Partial Summary Recommended Order filed. |
| Jul. 25, 1996 | (Petitioner) Motion for Partial Summary Recommended Order filed. |
| Jul. 23, 1996 | Trinity Memorial Gardens' Response to Petitioners' Motion for Protective Order; Notice of Filing Answers to Interrogatories; Trinity Memorial Gardens of Lakeland, Inc. Answers to Interrogatories filed. |
| Jul. 22, 1996 | (Petitioner) (2) Notice of Filing Answers to Interrogatories; Petitioner`s Response to Request for Admission filed. |
| Jul. 22, 1996 | Respondent, Trinity Memorial Gardens` of Lakeland, Inc.`s, Response to the Department of Banking and Finance`s Request for Admissions; (2) Petitioner`s Response to Plaintiff`s Request for Production; Petitioner`s Response to Request for Admission filed. |
| Jul. 22, 1996 | (Petitioner) Motion for Protective Order; Trinity Memorial Gardens` Response to Petitioners` Motion for Protective Order filed. |
| Jul. 12, 1996 | (Petitioner) Notice of Cancellation of Depositions filed. |
| Jul. 09, 1996 | (Petitioner) Motion for Protective Order filed. |
| Jun. 27, 1996 | Order Granting Extension of Time sent out. (response due by 7/22/96) |
| Jun. 26, 1996 | Trinity Memorial Garden`s Response to Petitioner`s Request for Extension of Time to Respond to Discovery filed. |
| Jun. 20, 1996 | Order Granting Extension of Time sent out. |
| Jun. 20, 1996 | (Petitioner) Request for Extension of Time to File Responses to First Request for Admissions and Interrogatories; Order Granting Extension of Time (for Hearing Officer signature) filed. |
| Jun. 19, 1996 | Letter to Agency Clerk from B. Doster Re: Enclosing "Exhibit A" that was inadvertently not attached to Trinity Memorial Garden's Motion to Extend Time to Respond to discovery Requests w/exhibit attached filed. |
| Jun. 19, 1996 | (Petitioner) Request for Extension of Time to File Responses to Request for Admissions and Interrogatories filed. |
| Jun. 19, 1996 | Order Granting Extension of Time (for Hearing Officer Signature) filed. |
| Jun. 19, 1996 | Trinity Memorial Garden's Motion to Extend Time to Respond to Discovery Requests by Department of Banking and Finance filed. |
| Jun. 12, 1996 | Trinity Memorial Gardens' First Request for Admissions by Lakeland Memorial Gardens filed. |
| May 31, 1996 | Notice of Hearing sent out. (hearing set for Oct. 28-31, 1996; 1:00pm; Lakeland) |
| May 30, 1996 | (Petitioner) Notice of Service of First Set of Interrogatories to Lakeland Memorial Gardens; Trinity Memorial Gardens` First Request for Production of Documents by Lakeland Memorial Gardens filed. |
| May 29, 1996 | (Petitioner) Notice of Taking Deposition filed. |
| May 23, 1996 | Joint Response to Initial Order filed. |
| May 17, 1996 | the Department of Banking & Finance`s Request for Admissions to Trinity Memorial Gardens of Lakeland, Inc.; Certificate of Service of Interrogs (2); Interrogs to Trinity Memorial Gardens of Lakeland, Inc.; Request for Production (2); Intrgs to Lakeland Me |
| May 13, 1996 | Initial Order issued. |
| May 09, 1996 | Agency referral letter; Petition for Formal Proceeding, (Exhibit) filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Oct. 01, 1997 | Agency Final Order | |
| Sep. 02, 1997 | Recommended Order | Applicant failed to establish need but did establish that another cemetery would promote competition such that the need criteria could be waived. |
