REPRESENTING ALEX SINK CHIEF FINANCIAL OFFICER STATE OF FLORIDA Yoo” IN THE MATTER OF: O CHARLES A. LEWIS FUNERAL HOME CASE NO.: 85508-06-FC FH 80 EC 20060200062 ADMINISTRATIVE COMPLAINT TO: CHARLES A. LEWIS FUNERAL HOME 609 West Memorial Boulevard Lakeland, FL 33802 CHARLES A. LEWIS FUNERAL HOME, “CL FUNERAL HOME?” is hereby notified that the Department of Financial Services Chief Financial Officer of the State of Florida has directed an investigation in connection with license number FH80 to operate as a Funeral Establishment. Based upon the investigation, it is alleged: GENERAL ALLEGATIONS i. The Board of Funeral, Cemetery and Consumer Services (hereinafter “the Board”) created within the Department of Financial Services, and the Department of Financial Services have jurisdiction over CL Funeral Home’s licensure as a Funeral Establishment and the subject matter of this proceeding, pursuant to the provisions of Section 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 whether a proposed administrative prosecution of a licensee shall go forward, as set forth in Section 497.103(1)(v) and 497.153(3), Florida Statutes. 3. A probable cause panel found probable cause to charge CL Funeral Home with violations of Chapter 497, Florida Statutes, and the Department’s administrative rules on January 25, 2007 and directed the Department to prosecute. 4. At all times relevant to the allegations of this Administrative Complaint, CL Funeral Home was licensed by the State of Florida to conduct business as a Funeral Establishment, pursuant to the provisions of the Act. CL Funeral Home license number is FH 80. 5. Funeral Establishments, including CL Funeral Home, are governed by the Act and certain administrative rules contained in Chapter 69, Florida Administrative Code. 6. An investigation of CL Funeral Home was conducted in February 2006. COUNT ONE 7. The above General Allegations are hereby realleged and fully incorporated herein by reference, 8. The investigation found that CL Funeral Home transferred a deceased body (hereinafter referred to as “body of F.B.”) that had been damaged by vermin and was in a severe state of decomposition to a crematory. 9. The investigation determined that the body of F.B. was embalmed within 24 hours after death as required by Section 497.386, Florida Statutes; death occurred on December 20, 2005. The funeral service for the body of F.B. was conducted by CL Funeral Home and was held on December 24, 2005. 10. After the funeral service of the body of F.B., CL Funeral Home held the body at its location until February 6, 2006 because of the failure of the authorized next of kin to pay the remaining balance of $1966.05. Once the remaining balance was paid, on or about February 6, 2006 CL Funeral Home notified a removal service to pick up the body of F.B., and the body was transported to Central Florida Cremation of Polk County for cremation. 11. CL Funeral Home paid Central Florida Cremation of Polk County $180.00 in cash on or about February 6, 2006 for the cremation of the body of F.B. 12. The funeral director in charge, Mr. Ambrose Austin, acknowledged that the body had not been refrigerated during the time it was at CL Funeral Home. 13. At the time of the investigation CL Funeral Home had no refrigeration at the facility and did not have a contract with any entity to provide refrigeration services. 14. The investigation established that the body of F.B was wrapped in plastic and was not placed in a carrying container adequate to prevent seepage of fluids and escape of offensive odors when transported to Central Florida Cremation of Polk County. IT IS THEREFORE CHARGED that CL Funeral Home has violated or is accountable under the following provisions of the Act which constitute grounds for discipline, including the suspension. or revocation of license number FH80 as a funeral establishment: (a) Committing fraud, deceit, negligence, incompetency or misconduct in the practice of any of the activities regulated under this chapter [Section 497.152(1)(b), Florida Statutes]; (b) A dead human body transported by common carrier or any agency or individual authorized to carry dead human bodies must be placed in a carrying container adequate to prevent the seepage of fluids and escape of offensive odors [Section 497.386(3), Florida Statutes]; (c) All human remains transported or stored must be completely covered and at all times treated with dignity and respect [Section 497.386(4), Florida Statutes]; (d) Violating any provision of the Act. [Section 497.152(1)(a), Florida Statutes]. COUNT TWO 15. The above General Allegations are hereby realleged and fully incorporated herein by reference. 16. During the investigation of CL Funeral Home, the investigator also inspected CL Funeral Home’s premises. 17. At the time of the investigation, CL Funeral Home did not have refrigeration facilities on site for the proper storage of human bodies and had not contracted with or made arrangements with another entity for the proper refrigeration and storage of human bodies as required by the Act. IT IS THEREFORE CHARGED that CL Funeral Home has violated or is accountable under the following provisions of the Act which constitute grounds for discipline, including the suspension or revocation of license number FH80 as a funeral establishment: (a) A funeral establishment shall be at a place at a specific street address or location consisting of at least 1250 contiguous interior square feet and shall maintain or make arrangements for capacity for the refrigeration and storage of dead human bodies handled and stored by the establishment and a preparation room equipped with necessary ventilation and drainage and containing necessary instruments for embalming dead human bodies or shall make arrangements for a preparation room as established by rule [Section 497.380(1), Florida Statutes]; (b) There shall be either a refrigeration room for the storage of dead human bodies, or written arrangements for the refrigeration and storage of dead human bodies [Rule 69K-21.003(1), Florida Administrative Code]; (c) Violating any provision of the Act. [Section 497.152(1)(a), Florida Statutes]. COUNT THREE 18. The above General Allegations are hereby realleged and fully incorporated herein by reference. 19. During the investigation of CL Funeral Home, the investigator also inspected CL Funeral Home premises. 20. At the time of the investigation, CL Funeral Home’s sink did not have running hot water. IT IS THEREFORE CHARGED that CL Funeral Home has violated or is accountable under the following provisions of the Act which constitute grounds for discipline, including the suspension or revocation of license number FH80 as a funeral establishment: (a) Funeral Establishments shall have a hand sink with hot and cold water and a service sink and a floor drain or sanitary drain for the removal of body fluids connected to central sewage system or septic tank [Rule 69K-21.003(1)(e), Florida Administrative Code] ; (c) Violating any provision of the Act. [Section 497.152(1)(a), Florida Statutes]. COUNT FOUR 21. The above General Allegations are hereby realleged and fully incorporated herein by reference. 22. During the investigation of CL Funeral Home, the investigator also inspected CL Funeral Home premises and found that CL Funeral Home performed embalming of dead human bodies. 23. At the time of the investigation, CL Funeral Home did not have any arterial fluid or cavity fluid for embalming dead human bodies. IT IS THEREFORE CHARGED that CL Funeral Home has violated or is accountable under the following provisions of the Act which constitute grounds for discipline, including the suspension or revocation of your license as a funeral establishment: (a) A Funeral Establishment shall have the following minimum supplies for embalming dead human bodies: 1, 2 bottles arterial fluid per body; 2. 1 bottle cavity fluid per body [Rule 69K- 21.003(1)(g), Florida Administrative Code]; (b) If embalming services are offered to the public, the establishment from which the arrangements are made shall have either a preparation room on the premises in conformity with the requirements of subsection 69K-21.003(1), F.A.C., a centralized embalming facility as defined in subsection 69K-21.003(1), F.A.C., or shall promptly notify the Board office in writing of any arrangements entered into with any other funeral establishment to provide embalming services prior to the service being provided [Rule 69K-21.003(3), Florida Administrative Code]; (c) Violating any provision of the Act. [Section 497.152(1){a), Florida Statutes]. COUNT FIVE 24. The above general allegations are hereby realleged and fully incorporated herein by reference. 25. During the investigation of CL Funeral Home, the investigator also inspected CL Funeral Home premises. 26. At the time of the investigation, CL Funeral Home did not have a report of the number of bodies handled as required by administrative rule. IT IS THEREFORE CHARGED that CL Funeral Home has violated or is accountable under the following provisions of the Act which constitute grounds for discipline, including the suspension or revocation of license number FH 80 as a funeral establishment: (a) Each funeral establishment licensed pursuant to Chapter 497, Florida Statutes, on a monthly basis shall submit reports to the Department which shall contain the following information: (a) The number of bodies handled [Rule 69K-20.001(1)(a), Florida Administrative Code]. (b) Failure to keep or timely furnish such reports to the Department by the 10" of the subsequent month shall subject the licensee or registrant to disciplinary action [Rule 69K-20.001 ), Florida Administrative Code]; (c) Violating any provision of the Act. [Section 497.152(1)(a), Florida Statutes]. WHEREFORE, the Department respectfully requests that the Board enter an Order imposing one of 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 or 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. 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 ("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 you, and must be filed with the Florida Department of Financial Services (“department”) within twenty-one (21) days of your 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"). (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. If a 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 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, 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 _/ \ tl day of UZ , 2007. bes CHANDLER Deputy Chief Financial Officer 10

Docket for Case No: 08-000315