i t - STATE OF FLORIDA - 77) DEPARTMENT OF BUSINESS AND PROFESSIONAL ae DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, YS. Case Number 99-04959 - Ch- LOS SCURRY FUNERAL HOME, LTD. . : Respondent. / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (Petitioner), files this Administrative Complaint against SCURRY FUNERAL HOME, LTD., (Respondent),-and says: 1. The Petitioner is the state agency charged with regulating the operation of funeral establishments pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 470, Florida Statutes. 2. The Respondent is, and has been at all times material hereto, a licensed funeral establishment in the State of Florida, having been issued license number FH 0001186. 3. The Respondent is located at 738 NW 22™ Road, Fort Lauderdale, Florida 4. The Respondent is owned by Henry Scurry, W. George Allen, W. Cecil Graham, and Dennis Scurry, Jr. 5. Henry Scurry Sr. is the licensed funeral director and embalmer in charge of the Respondent facility, and he is licensed pursuant to license number FE 00023 , ‘6. On or about May 24, 1999, an inspector for the Petitioner, Tnspector Adam EXHIBIT ° A’ CCT wee fo with any of the activities regulated under this chapter, to wit: making a false or misleading Greenspan, entered the Respondent establishment to perform a routine inspection. a C 7. During the course of the inspection, Inv. Greenspan asked the office manager, Bess Gathers, if the Respondent establishment provided pre-need funeral services. 8. Atno time material hereto was the Respondent or its funeral director in charge licensed as required by Sections 470.028 and 497.439(1), Florida Statutes, in any capacity that would permit it to sell preneed funeral service contracts. . 9. Gathers represented to Inv. Greenspan that the Respondent establishment did not provide pre-need services, and was therefore not registered with the Department of Banking and Finance. . . 10. During the inspection of the Respondent establishment, Inv. Greenspan noticed a filing cabinet in the preparation room that was labeled "Pre-Need Arrangements." 11. In the filing cabinet, Inv. Greenspan discovered numerous executed pre-need contracts for which money had been received by the Respondent establishment. 12. Upon confronting Gathers, she admitted that the Respondent establishment did in fact sell preneed funeral service contracts and had received monies from the sale of preneed funeral service contracts. . COUNT I 13. The Petitioner incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count I. 14. Based upon the foregoing, the Respondent is guilty of having violated Section 470.036(1)(m), Florida Statutes (1998), by making any false or misleading statement, oral or wiitten, directly or indirectly regarding the sale of services or merchandise in connection statement to inv. Greenspan that the Respondent did not sell preneed funeral service contracts. ) COUNT I 15, The Petitioner incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count II. 16. Section 497.405(1)(a), Florida Statutes, provides in relevant part that no person may sell a preneed contract without first having a valid certificate of authority, and Section 497.405(2)(a), Florida Statutes, provides that no person may receive any funds for payment on a preneed contract who does not hold a valid certificate of authority. ~ 7 17. Section 470.028(1), Florida Statutes, provides that all sales of preneed funeral service contracts or direct disposition contracts shall be made pursuant to Chapter 497 Florida Statutes. 18. Based upon the foregoing, the Respondent violated Section 470.036(1)(h), Florida Statutes (1998), by selling or offering to sell preneed contracts without having the certificate of authority licensure required to do so, to do so, thereby violating a provision of chapter 470, to wit: Section 470.028(1), Florida Statutes. WHEREFORE, Petitioner respectfully requests that the Board of Funeral Directors and Embalmers enter an Order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative fine not to exceed $5,000 per violation, issuance of a reprimand, placement of the Respondent on probation, assessment of costs associated with investigation and prosecution, imposition of any or all penalties delineated within Sections 455.227(2). and 470.036(2), Florida Statutes, and/or any other relief that the Board is authorized to ud 00000: impose pursuant te Chapters 455, and/or 470, Florida Statutes, and/or the rules promul gated thereunder. : ; : ~) Aooem bor Signed this 70 day of demeget 1999. ZB «ts. Me. O Sat a as. on THOMAS. Vey Chief Attorney Gre, 7 Florida Bar No. 0865710 an FILED Department of Business and Professional Regulation DEPUTY CLERK- CLERK ' WM tlichole COUNSEL FORDEPARTMENT: fC? pate JAA 4-7 Elizabeth Masters, Senior Attorney a Florida Bar Number 401640 Hr 18-77 Department of Business and Professional Regulation 1940 N. Monroe Street . Tallahassee, Florida 32399-0792 Case #99-04959

Docket for Case No: 00-004805