Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF FUNERAL DIRECTORS AND EMBALMERS
Respondent: JOHNNY LYNN PONS
Judges: CHARLES C. ADAMS
Agency: Department of Business and Professional Regulation
Locations: Green Cove Springs, Florida
Filed: Aug. 01, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 17, 2002.
Latest Update: Dec. 23, 2024
sn ae ree ere A ee
DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION
Jeb Bush, Governor Cynthia A. Henderson, Secretary
TO: Johnny Lynn Pons
501 Springs Street
Green Cove Springs, FL 32043
Case No.: 2000-04982
SERVICE OF ADMINISTRATIVE COMPLAINT
Dear Mr. Pons:
This is to inform you that probable cause has been found to believe that you violated certain
provisions of the Florida Statutes governing funeral directing and embalming. The enclosed
Administrative Complaint contains the formal charges filed against you. Receipt of these documents
constitutes legal service upon you.
Options available to you under Florida law are:
(a) Choose not to dispute the material facts alleged, and request a hearing before the Board
of Funeral Directors and Embalmers which will only hear evidence regarding the conclusions
of law and the penalty for violations; or
(b) Dispute the material facts alleged and request a hearing before an administrative law judge
with the Division of Administrative Hearings; or
(c) Waive your right to either type of hearing and put yourself completely at the
Board's discretion. : .
__ Please be advised, pursuant to Section 120.573, Florida Statutes, that mediation is not available for
» this type of agency action. You must respond by selecting one of the options on the enclosed
Election of Rights form, and forwarding the executed Election of Rights form to this office within _
_ _ 21 days of your receipt of this letter. Failure to respond within the 21 day period may be deemed
__awaiver of ‘the rights outlined above, and the Board may proceed against you by default.
Si érel
incerely, y
LUT or
‘Laurie Beth Woodham
“Assistant General Counsel ; :
ATTCHS: Administrative Complaint; Election of Rights Form; Explanation of Rights
CC: LJ. Amold Hl, Esq.
Law Offices of L.J. Amold III . :
P.O. Box 1570 :
Green Cove Springs, FL 32043-1570
OFFICE OF THE GENERAL COUNSEL - C :
NORTHWOOD CENTRE : 1940 NORTH MONROE STREET - TALLAHASSEE, FLORIDA 32399-2202
Telephone (850) 488-0062 - Fax (850) 487-6749 - TDD 1-800-955-8771
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
BOARD OF FUNERAL DIRECTORS AND EMBALMERS /* /?
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
v. Case No. 2000-04982
JOHNNY LYNN PONS,
Respondent.
/
'. ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
("Petitioner"), files this Administrative Complaint before the Board of Funeral Directors and
Embalmers against JOHNNY LYNN PONS ("Respondent"), and alleges:
1. Petitioner is the state agency charged with regulating the practice of funeral directing oe
and embalming, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 470, Florida
Statutes, |
2. At all times material hereto, Respondent was licensed in the State of Florida as a funeral
. director and embalmer, having been issued license number FE 0003743.
3. Respondent’ 's address. of record with the’ ne Department is 501 sping Street, Green Cove,
: ‘- Florida 32043,
4. At al times material hereto, Respondent was the funeral director i in n charge and co-
owner of Cla ay”) aa 002131).
5
honoring a pre-need contract, number 016-74- 005, belonging to to Bernice Thomas ( ‘Bernice ). The pre-
need contract was originally signed by Bernice on or about December 12, 1984, in Missouri. The
contract called for American Prearranged Services, Inc. (“American”) to pay Britton Funeral Home
(‘Britton’), a Missouri funeral home, for the funeral services and merchandise selected by Bernice.
6. The pre-need contract specified the following services and merchandise in the Britton
“Statement of Funeral Goods and Services Purchased”: Package A, protective Roman Bronze casket,
and berg vault, Package A included the services of the funeral director and staff transfer of the remains
within 50 miles, embalming, other preparation of the body, use of facilities for viewing one day and
funeral service or ceremony in the funeral home or mortuary, hearse committal or other disposition
service, acknowledgement cards, and register book. The total cost for the services and merchandise
selected by Bernice was Three Thousand Fifty-two Dollars and Fifty Cents ($3052.50).
7. The pre-need contract provided that if Bernice died outside Britton’s normal service
area, American shall make arrangements for “like services” at another funeral home selected by the
" next of kin. Thomas used this provision to select Clay, because Bernice died in Green Cove Springs,
Florida.
8. Respondent indicated to Thomas, that Clay would honor the pre-need contract.
9 Respondent charged Thomas Three Thousand Fifty-two Dollars and Thirty Cents
($3052.30) for the following services and merchandise listed in the Clay “Statement of Funeral Goods
and Services Selected”: Traditional Funeral Package, Silver wood cloth casket, and concrete outer
burial container. The Traditional Funeral Package included the services of the funeral director and
~ : staff, filing and obtaining leg ul
jocuments ‘and paperwork removal and transportation of the deceased -
within 25 miles, embalming and/or sian care of the remains, dressing, casketng cosmetizing,u use
of facilities for visitation ‘and s service, and use of vehicles.
a Paster Sendeanths ns be eit th seat EAE HAR Taian bese anh beara nis wat!
10. ‘The line item amounts charged included $1290. 00 for the casket and 5695. 00 0 for the
outer burial container ‘The subtotal for the above two items was indicated as $2985.00, an overcharge
of One Thousand Dollars
11. On or about May 9, 2000, Bernice died and was transported to Clay
3
~activities regulated i in chapter 470.
set forth herein. _
“et
12. . Thomas and her husband purchased burial clothing for Bernice and gave the clothing to
Clay to dress the body.
13.. Respondent intentionally chose not to embaim the body of the deceased, Bernice.
14. Respondent failed to dress the body of the deceased, Bernice, in the clothes provided by
Thomas and her husband.
15. Respondent signed a certificate of performance regarding services provided for Bernice.
Respondent certified that “As a provider, I have provided the disposition of the dead body, and funeral
services, facilities and merchandise described in the contract.”
16. Respondent did not provide “like services” or metchandise as required by the pre-need
contract.
17. Respondent signed the monthly “Report of Cases Embalmed or Bodies Handled” for
May 2000. The report indicated that Respondent embalmed Bernice on May 9, 2000. The report
further certifies that the Respondent personally supervised the cases indicated.
18. _ Petitioner realleges and incorporates paragraphs one through seventeen as though fully
set forth herein, . —
19. _Based upon the foregoing, Responde nt violated Section 470. 036(1)(2), Florida Statutes,
by committing fraud, ‘deceit, negligence, incompete “ncy, OF misconduct in the practice of any of the
20. Petitioner realleges and incorporates paragraphs one through seventeen as though fully
. 2b. € foregsing Respondent v violated Section 470. 3600 Florida Statutes,
by making 0 or filing a a report o or 1 record, which the licensee 2 knows to be false.
a“
COUNT Ill
Ba . Petitioner realleges and incorporates paragraphs one through seventeen as though fully
set forth herein. .
#3. —_ Based upon the foregoing, Respondent violated Section 470.03 6(1)(m), Florida
’ Statutes, by making any false or misleading statement, oral or written, directly or indirectly, regarding
the sale of services or merchandise in connection with any of the activities regulated under this
chapter. -
WHEREFORE, Petitioner respectfully requests 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 association with the investigation, imposition of any or all penalties delineated
within Section 455.227(2), Florida Statutes, and/or any other relief that the Board i is authorized to
impose pursuant to Chapters 455 and/or 470, Florida Statutes, and/or the rules promulgated —
thereunder
Signed this ar 21 tay of Abe cvab ec , 2000,
: ,
SJ KAU
‘David K. Minacci
Lead Professions Attorney
Counsel for the Department: ;
Laurie B. Woodham F | L E. D ution
Assistant General Counsel Department of Business and Professional Rag
Department of Business and DEPUTY CLERK
Professional Regulation .
1940 North Monroe Street cure uarclont Michele.
Tallahassee, FL 32399-2202
DATE _\2-5-2000 _
LBW/mad
J Case # 2000-04982
PCE Novemloer 17, 2000
Docket for Case No: 01-003057PL
Issue Date |
Proceedings |
Jan. 17, 2002 |
Order Closing File issued. CASE CLOSED.
|
Jan. 16, 2002 |
Joint Motion to Relinquish Jurisdiction (filed via facsimile).
|
Dec. 26, 2001 |
Letter to J. Pons from G. Hill in response to letter of December 4, 2001 filed.
|
Dec. 21, 2001 |
Notice of Taking Depositions, L. Winebrenner filed.
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Dec. 21, 2001 |
Respondent`s Witness List filed.
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Dec. 12, 2001 |
Notice of Change of Address filed by J. Thies.
|
Dec. 05, 2001 |
Letter to Judge Adams from J. Pons requesting upcoming hearing be final filed.
|
Nov. 30, 2001 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for January 30, 2002; 10:30 a.m.; Green Cove Springs, FL).
|
Nov. 27, 2001 |
Joint Motion for Continuance of Formal Hearing (filed via facsimile).
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Nov. 07, 2001 |
Notice of Service of Petitioner`s Response to Respondent`s Request for Discovery (filed via facsimile).
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Nov. 05, 2001 |
Order issued (Respondent`s request for documentary evidence and a list of witness names and addresses is denied).
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Nov. 02, 2001 |
Motion Requesting Discovery filed by Respondent.
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Oct. 11, 2001 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for December 4, 2001; 10:00 a.m.; Green Cove Springs, FL).
|
Oct. 02, 2001 |
Petitioner`s Motion for Continuance of Formal Hearing (filed via facsimile).
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Aug. 15, 2001 |
Order of Pre-hearing Instructions issued.
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Aug. 15, 2001 |
Notice of Hearing issued (hearing set for October 18, 2001; 10:00 a.m.; Green Cove Springs, FL).
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Aug. 08, 2001 |
Response to Initial Order (filed by Petitioner via facsimile).
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Aug. 01, 2001 |
Election of Rights filed.
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Aug. 01, 2001 |
Administrative Complaint filed.
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Aug. 01, 2001 |
Agency referral filed.
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Aug. 01, 2001 |
Initial Order issued.
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