Aug & 2007 14:35 Ba/Ge/2087 1d: 23 s5a-499-9373 DEPT FINANCIAL SERVE PAGE 83/13 FLORIDA DEPARTMENT OF FINANCIAL SERVICES ALEX SINK. CHIEF FINANCIAL OFFICER STATE OF FLORIDA IN THE MATTER OF: HEATHER JL. MORTON-SKIPPER License No. FE 4320 CASE NO.: 86369-06-FC CP 20060500249 / ADMINISTRATIVE COMPLAINT TO: Heather JL Morton-Skipper 2090 East Edgewood Drive Lakeland, Florida 33803 You, Heather JL Morton-Skipper (hereinafter “you”) are hereby notified that the Department of Financial Services (the “department”) has directed an investigation in connection with your license to operate as a funeral director and embalmer. Based upon the investigation, it is alleged: GENERAL ALLEGATIONS 1. The Board of Funeral, Cemetery, and Consumer Services (hereinafter the “board”) and the Department of Financial Services, have jurisdiction over your licensure as a funeral director and embalmer and the subject matter of this proceeding, pursuant to the provisions of chapter 20.121 and chapter 497, Florida Statutes, the Florida Funeral, Cemetery, and Consumer Services Act (hereinafter the “act”. 2. The board has the authority to determine through probable cause panels whether there is probable cause to believe there is a violation of chapter 497, Florida Statutes, and Aug & 2007 14:35 ge8/ee/2ee7 14:23 858-488-9373 DEPT FINANCIAL SERVE PAGE 84/13 whether a proposed administrative prosecution of a licensee shall go forward, as set forth in sections 497.103(1)(v) and 497.153(3), Florida Statutes. 3, A probable cause panel found probable cause to charge you with violations of chapter 497, Florida Statutes, and the department’s administrative rules on February 14, 2007, and directed the department to prosecute. 4. During the period of May. 27, 2004, to March 18, 2005, you were employed by Oak Ridge Funeral Care, a licensed funeral establishment with license number FH 2492, 5. At all times relevant to the allegations of this administrative complaint, you were licensed as a fimeral director and embalmer. 6. On May 4, 2006, Mr. Dave L. Holt, Funeral Director in Charge and owner of Oak Ridge Funeral Care, filed a Complaint Form — Funeral and Cemetery Matters with the department, alleging the following facts: a. On May 27, 2004, you sold a funerary monument to Ms. Carla Meija and received $740.00 cash. You never ordered the monument and kept the cash paid for the monument. b. On October 6, 2004, you sold a funerary monument to Ms. Gloria Boyette and received $1000.00 cash. You never ordered the monument and kept the cash paid for the monument. c. On March 17, 2005, Oak Ridge Funeral Care found out about the Meija transaction when the owner’s wife, Ms. Nadine Pantano, overheard a phone call from Ms. Meija. Ms. Meija stated that she repeatedly called you about her Aug & 2007 14:35 ga/ae/eeey ld:23 858-488-9373 DEPT FINANCIAL SERVE PAGE 5/13 transaction and was told by you a false story that the truck carrying the monuments was in an accident, damaging the monument ordered by Ms. Meija. d. Oak Ridge Funeral Care confronted you about the Mcija transaction and you subsequently paid for the monument. Oak Ridge Funeral Care terminated your employment on March 18, 2005. e. Oak Ridge Funeral Care later discovered the transaction involving Ms. Boyette, Criminal charges were filed against you for grand theft. Oak Ridge Funeral Care paid for Ms, Boyette’s monument. 7. You pled nolo contendere to the charge of Third Degree Grand Theft, related to the transactions described above. Adjudication was withheld. You were sentenced to five years probation, ordered to pay a fine, ordered to make $1000.00 restitution to Oak Ridge Funeral Care for Ms. Boyctte’s monument, and ordered to fulfill other probation conditions. COUNT ONE 8. The above general allegations are hereby realleged and fully incorporated herein by reference. 9. On or about January 18, 2006, you pled nolo contendere to Third Degree Grand Theft, related to the transactions described in paragraph 6, above. IT 18 THEREFORE CHARGED that you have violated or are accountable under the following provisions of the act which set forth grounds for discipline, including the suspension or revocation of your licensure as a funeral director and embalmer: (a) Violating any provisions of the act, Section 497.152( 1)(a), Florida Statutes (2006), formerly section 470.036(1)(h), Florida Statutes (2003); Aug & 2007 14:35 DEPT FINANCIAL SERVE PAGE 46/13 ga/ae/eeey ld:23 858-488-9373 (b) Being found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that relates to the practice of, or the ability to practice, a licensee’s profession or occupation under this act. Section 497.152(2), Florida Statutes (2006), formerly 470,036(1)(d), Florida Statutes (2003). COUNT TWO 10. The above general allegations are hereby realleged and fully incorporated herein by reference. 11. During the period between May 27, 2004 and March 17, 2005 you falsely represented to Ms. Meija that the funerary monument she paid for was dam aged in an accident. IT I8 THEREFORE CHARGED that you have violated or are accountable under the following provisions of the act which set forth grounds.for discipline, and are therefore subject to the suspension or revocation of your license as a funeral director and embalmer: (a) Violating any provisions of the act. Section 497.152(1)(a), Florida Statutes (2006), formerly 470.036(1)(h), Florida Statutes (2003); ‘(b) Directly 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 a profession or occupation regulated under this chapter, including in the advertising or sale of any merchandise or services related to the practice of the profession or occupation. Section 497.152(9)(£), Florida Statutes (2006), formerly section 470.036(1)(m), Florida Statutes (2003). COUNT THREE 12. The above general allegations are hereby realleged and fully incorporated herein by reference. Aug & 2007 14:35 DEPT FINANCIAL SERVE PAGE 87/13 ge8/ee/2ee7 14:23 858-488-9373 13. On or about May 27, 2004, you entered into a contract for sale of a funerary monument to Ms. Meija and then subsequently failed without justification to timely honor the contract. IT IS THEREFORE CHARGED that you have violated or are accountable under the following provisions of the act which set forth grounds for discipline, and are therefore subject to the suspension or revocation of your license as a funeral director and embalmer: (a) Violating any provisions of the act. Section 497.152(1)(a), Florida Statutes (2006), formerly section 470.036(1)(h), Florida Statutes (2003); (b) Failing 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. Section 497.152(13), Florida Statutes (2006). COUNT FOUR 14. The above general allegations are hereby realleged and fully incorporated herein by reference, 15. On or about October 6, 2004, you entered into a contract for sale of a funerary monument to Ms. Boyette and then subsequently failed without justification to timely honor the contract. IT IS THEREFORE CHARGED that you have violated or are accountable under the following provisions of the act which set forth grounds for discipline, and are therefore subject to the suspension or revocation of your license as a funeral director and embalmer: (a) Violating any provisions of the act, Section 497.1 52(1)(a), Florida Statutes (2006), formerly 470.036(1)(h), Florida Statutes (2003); Aug & 2007 14:35 Ga/Ga/ 2087 14:23 858-488-9373 DEPT FINANCIAL SERVE PAGE 88/13 (b) Failing 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. Section 497.152(13), Florida Statutes, WHEREFORE, the Department respectfully requests that the board enter an order imposing one or more of the following penalties: revocation or suspension of your license; imposition of an administrative fine not to exceed five thousand dollars ($5,000) for each count of separate offense; issuance of a written reprimand; placement of you on probation; assessment of costs associated with investigation and prosecution; requiring you to make restitution: 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 chapter 497, Florida Statutes, and the rules promulgated thereunder. Aug & 2007 14:35 ga/ae/eeey ld:23 858-488-9373 DEPT FINANCIAL SERVE PAGE 89/13 NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Florida Department of Financial Services, Board of Funeral, Cemetery and Consumer Services ("hoatd") 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 you, and must be filed with the Florida Department of Financial Services (“department”) within twenty-one (21) days of yout 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 General Counsel acting as Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written response must be received by the department no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to.a hearing. YOUR FAILURE TO RESPOND IN WRITING WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information 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, your 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, you are the "respondent"). Aug & 2007 14:37 ga/ae/eeey ld:23 858-488-9373 DEPT FINANCIAL SERVE PAGE 18/13 (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 of the administrative complaint. Ifa hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your 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. You may submit oral or written evidence in opposition to the action taken by the board or a written statement challenging the grounds upon which the board has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. However, if you dispute material facts which are the basis for the board’s action, you must request an adversarial proceeding 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 your 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 o¢ correspondence shall operate as a valid request for an administrative proceeding. Any request for an 8 Aug & 2007 14:37 DEPT FINANCIAL SERVE PAGE 11/13 ga/ae/eeey ld:23 858-488-9373 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 with you until the response has been received by the department. : DATED and SIGNED this _. 5 day of : — , 2007. KAREN CHANDLER Deputy Chief Financial Officer CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to Ms. Heather. Morton-Skipper, at the above-stated address by U.S. Certified Mail this (9 -f4- day of _ , 2007. ——-> oct 0 RI Ela. Rar V 1% 8SQ Department of Financial Services Division of Legal Services 200 E. Gaines Street Tallahassee, FL 32399-4229

Docket for Case No: 07-003603PL