FILED MAY 07 2009 Docketed by IN THE MATTER OF: FIRST COAST FUNERAL HOME, CASE NO. 103200-09-FC A D/BA OF CEMETERY PROFESSIONALS, LLC FO 40033 / ADMINISTRATIVE COMPLAINT To: FIRST COAST FUNERAL HOME FIRST COAST FUNEARL HOME c/o The Kuzniar Group, LLC 5958 Merrill Road 333-1 East Monroe Street Jacksonville, Florida 32277 Jacksonville, Florida 32202 FIRST COAST FUNERAL HOME (hereafter “First Coast”) is hereby notified that the State of Florida Department of Financial Services, Division of Funeral, Cemetery and Consumer Services (hereafter “the Department”) has conducted investigations in connection with your license to operate as a funcral establishment. On April 14, 2009, a probable cause panel found probable cause to charge First Coast, with violations of Chapter 497, Florida Statutes, and the Florida Administrative Code as set forth in this Administrative Complaint. This Administrative Complaint includes violations alleged within inspection report numbers SR1-409068727, SR1- 509025821, SR1-59706524, and SR1-590034804 which were presented to the probable cause panel. Based upon those Department investigations, it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Section 20.121, Florida Statutes, Chapter 497, Florida Statutes, the “Florida Funeral, Cemetery and Consumer Services Act” and Chapter 69K, Florida Administrative Code, (hereinafter “the Act”), the Department is the state agency charged with regulating the practice of funeral establishments, funeral directing, and embalming. Filed August 25, 2010 11:22 AM Division of Administrative Hearings. 2. The Board of Funeral, Cemetery and Consumer Services (hereinafter “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, or the Florida Administrative Code and 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. Section 497.152, Florida Statutes, sets forth conduct that is prohibited and shall constitute grounds for discipline or other enforcement action against the licensee. 4. Section 497,005(34), Florida Statutes, defines the term funeral establishment as “TA] facility licensed under this chapter where a funeral director or embalmer practices funeral directing or embalming.” 5. First Coast located at 5958 Merrill Road, Jacksonville, Florida is currently licensed as a funeral establishment having license number FO40033. First Coast Funeral Home was first licensed as a funeral establishment in the state of Florida on May 17, 2007. 6. According to the website for the Florida Department of State Division of Corporations, First Coast is a fictitious name owned by The Kuzniar Group, LLC. The registered agent for The Kuzniar Group, LLC is Wood, Atter & Associates. The address for the registered agent is 333-1 East Monroe Street, Jacksonville, Florida 32202. COUNT ONE 7. The above General. Allegations are hereby realleged and fully incorporated herein by reference. 8. From August 14, 2007 through December 14, 2007, First Coast conducted its business in an inappropriate fashion in that: a) Written agreements maintained by First Coast did not reference a date or signature of a funeral director. b) First Coast allowed Amanda and Stephen Kuzniar, who were not at that time licensed funeral directors, to meet with families and complete written contracts, which functions may only be performed by a licensed funeral director. c) First Coast maintained its funeral establishment license in a private office; an inconspicuous location. d) On December 14, 2007, First Coast could not produce a copy of the latest inspection report requested by a Department examiner. IT IS THEREFORE CHARGED that FIRST COAST, as a funeral establishment licensee, has violated or is accountable under the following provisions of Chapter 497, Florida Statutes: (a) Each funeral establishment must display at the public entrance the name of the establishment and the name of the full-time funeral director in charge. A funeral establishment must transact its business under the name by which it is licensed. [Section 497.380(14), Florida Statutes] (b) Each funeral establishment shall display at the public entrance the name of the establishment and the name of the full time funeral director in charge. [Rule 69K-21.003(8), Fla. Admin. Code] (c) The current establishment license and the license of any funeral director or embalmer employed in the establishment shall be displayed for public inspection, in a conspicuous place inside the establishment in such a manner as to make them visible to patrons of the establishment and facilitate inspection by the Department. [Rule 69K-21.005(1), Fla. Admin. Code] (d) Every funeral establishment licensed under this chapter shall at all times be subject to the inspection of all its buildings, grounds, and vehicles used in the conduct of its business, by the department or any of its designated representatives or agents, or local or Department of Health inspectors. The licensing authority shall by rule establish requirements for inspection of funeral establishments. [Section 497.380(10), Florida Statutes] (e) The latest inspection report or copies thereof must be readily available, upon demand, for public inspection at all times. [Rule 69K-21.005(1)(b), Fla. Admin. Code] (i) Failing to furnish, for retention, to each purchaser of burial rights, burial or funeral merchandise, or burial or funeral services a written agreement, the form of which has been previously approved if and as required by this chapter, that lists in detail the items and services purchased together with the prices for the items and services purchased; the name, address, and telephone number of the licensee; the signatures of the customer and the licensee or her or his representative; and the date signed. [Section 497.152(11)(a), Florida Statutes] (g) 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] (h) Violating any provisions of this chapter or lawful order of the board or department or the statutory predecessors to the board or department. [Section 497.152(1)(a), Florida Statutes] COUNT TWO 9. The above General Allegations are hereby realleged and fully incorporated herein by reference. . 10. Department records indicate that on February 1, 2008, First Coast changed its funeral director in charge from Brandi Coffelt (°043048) to Melanie Johnson (FO44984). 11. On June 24, 2008, the Department received a resignation letter from Melanie Johnson, funeral director in charge for First Coast at the location of 5958 Merrill Road, Jacksonville, Florida. Melanie Johnson’s resignation letter indicated an effective date of June 23, 2008. 12. Records of the Department indicate that on or about June 24, 2008 through July 1, 2008, First Coast did not have a licensed funeral director in charge. 13. On July 18, 2008, First Coast had a plaque displayed at its public entrance. This plaque provided that Brandi Coffelt was the funeral director. 14. First Coast did not display the name of the funeral director at its public entrance. 15. As of August 6, 2008, the Department had not been notified by First Coast of any change in the funeral director in charge for First Coast. 16. On or about August 6, 2008, a funeral service was held at First Coast after the funeral director in charge resigned from First Coast on June 23, 2008. IT IS THEREFORE CHARGED that FIRST COAST, as a funeral establishment licensee, has violated or is accountable under the following provisions of Chapter 497, Florida Statutes: (a) Each licensed funeral establishment shall have one full-time funeral director in charge and shall have a licensed funeral director reasonably available to the public during normal business hours for that establishment. The full-time funeral director in charge must have an active license and may not be the full-time funeral director in charge of any other funeral establishment or of any other direct disposal establishment. [Section 497.380(7), Florida Statutes] (b) Each funeral establishment must display at the public entrance the name of the establishment and the name of the full-time funeral director in charge. {Section 497.380(14), Florida Statutes] (c) Each funeral establishment shall display at the public entrance the name of the establishment and the name of the full time funeral director in charge. [Rule 69K-21.003(8), Fla. Admin. Code] (d) 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] (e) Violating any provisions of this chapter or lawful order of the board or department or the statutory predecessors to the board or department. [Section 497.152(1)(a), Florida Statutes] COUNT THREE 17. The above General Allegations are hereby realleged and fully incorporated herein by reference. 18. On or about December 3, 2008, the Department received notification from First Coast regarding a change of the funeral director in charge from Timothy Cole, (FO34450) to Danny Geoghagan (FO45344),. 19, On or about February 13, 2009, First Coast had a plaque at its public entrance citing Timothy Cole as the funeral director in charge. 20. First Coast did not display the name of the funeral director in charge at the public entrance. IT IS THEREFORE CHARGED that FIRST COAST, as a funeral establishment licensee, has violated or is accountable under the following provisions of Chapter 497, Florida Statutes: (a) Each funeral establishment must display at the public entrance the name of the establishment and the name of the full-time funeral director in charge. [Section 497.380(14), . Florida Statutes] (b) Each funeral establishment shail display at the public entrance the name of the establishment and the name of the full time funeral director in charge. [Rule 69K-21.003(8), Fla. Admin. Code] (c) Violating any provisions of this chapter or lawful order of the board or department or the statutory predecessors to the board or department. [Section 497.152(1)(a), Florida Statutes] (d) 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] WHEREFORE, you are hereby notified that the Department intends to request the Board of Funeral, Cemetery and Consumer Services to enter an order suspending or revoking your funeral establishment license and imposing such penalties as may be provided under the provisions of Section 497.152, Florida Statutes, and under the provisions of Florida Administrative Code Chapter 69K-30. Additionally, the Department intends to request the Board to consider a petition to the circuit court for the appointment of a receiver pursuant to Section 497.160, Florida Statutes. NOTICE REGARDING ASSESSMENT OF COSTS: Licensee/Respondent is placed on notice that the Department has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 497.153(5)(b), Florida Statutes, the Board may assess costs related to the investigation and prosecution of a disciplinary matter, including attorney related time and costs, on the Licensee/Respondent in addition to any other discipline imposed. NOTICE OF RIGHTS Pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-106, Florida Administrative Code, you have the right to request a proceeding to contest this action by the Department of Financial Services ("Department"). The proceeding request must be in writing, signed by you, and must be filed with the 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 Tracey Beal, DFS Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. 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 to 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 Sections 120.57(2) and 497.153(4)(b), Florida Statutes, apply. You may either submit a written statement and documentary evidence to the Board in lieu of a hearing, or personally attend a hearing conducted by the Board at the location of a regularly scheduled Board meeting. However, if you dispute material facts that are the basis for the Department’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. ho DATED and SIGNED this | 4 day of Ma , 2009. —Dirniap bohm TAMMY TESTON Deputy Chief Financial Officer 10 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Administrative Complaint and Election of Proceeding Form has been furnished by U.S. Certified Mail, return receipt requested , 2009, to: this Ht day of _, mA FIRST COAST FUNERAL HOME c/o The Kuzniar Group, LLC 333-1 East Monroe Street Jacksonville, Florida 32202 FIRST COAST FUNEARL HOME 5958 Merrill Road Jacksonville, Florida 32277 Asst. General Counsel Fla. Bar. No.: 0230560 Florida Department of Financial Services 200 E. Gaines St. Tallahassee, FL 32399-4247 Phone (850) 413-4180 Fax: (850) 488-0697 Counsel for the Department 11

Docket for Case No: 10-008269

Orders for Case No: 10-008269