FILED Bd of Funeral, Cemetery & Consum DATE: Eno 20(o er Sves Initials of DFCCS staffer: bats REPRESENT ING ALEX SINK CHIEF FINANCIAL OFFICER STATE OF FLORIDA IN THE MATTER OF: WORK & SON-OSIRIS, INC. CASE NO.: 108567-10-FC d/b/a ROYAL PALM NORTH CEMETERY (License Number: F039668), / ADMINISTRATIVE.COMPLAINT. TO: WORK & SON-OSIRIS, INC. d/b/a ROYAL PALM NORTH CEMETERY 2600 Gandy Blvd. St. Petersburg, Florida 33702 TO: WORK & SON-OSIRIS, INC. d/b/a ROYAL PALM NORTH CEMETERY - clo WENDY R. WIENER, ESQ., as Registered Agent Gardner, Bist, Wiener, Wadsworth & Bowden, P.A. 1300 Thomaswood Drive Tallahassee, FL 32308 You, WORK & SON-OSIRIS, INC. d/b/a ROYAL PALM NORTH CEMETERY, are hereby notified that the Division of Funeral, Cemetery and Consumer Services has directed an investigation in connection with your license to operate as a Cemetery. The allegations set forth below are based on the aforementioned investigation. GENERAL ALLEGATIONS 1, The Board of Funeral, Cemetery, and Consumer Services (“Board”), created within the Division of Funeral, Cemetery and Consumer Services (“Division”), and the Department of Financial Services (“Department”), have jurisdiction over your licensure as a Filed November 19, 2010 4:15 PM Division of Administrative Hearings Cemetery 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 (“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 Sections 497.103(1)(v) and 497, 153(3), Florida Statutes. 3. A probable cause panel on June 15, 2010, found probable cause to charge you with violations of Chapter 497, Florida Statutes, and the Department’s administrative rules, and directed the Department to prosecute the matter. 4, At all times relevant to the allegations of this Administrative Complaint, Work & Son - Osiris, Inc. (“Osiris”) was a Florida Profit Corporation. 5. On September 25, 2009, Osiris was administratively dissolved for lack of filing its annual report. This fact does not deprive the Department, Division or Board of their respective jurisdictions in this matter. 6. At all times relevant to the allegations of this Administrative Complaint, Cliff Work (“Mr. Work”) was a Director of Osiris. 7. At all times relevant to the allegations of this Administrative Complaint, Osiris was licensed according to information on file with the Division as a Cemetery, license number F039668, pursuant to the provisions of Chapter 497, Florida Statutes. 8. At all times relevant to the allegations of this Administrative Complaint, Osiris under the referenced license number was transacting business under the unregistered fictitious name Royal Palm North Cemetery (“Royal Palm North”). 9. Osiris d/b/a Royal Palm North operates a cemetery located at 2600 Gandy Blvd., 2 St. Petersburg, FL 33702, under license number F039668. 10. On or about June 8, 2006, Mr. Work signed a Settlement Stipulation for Consent Order (“Settlement Stipulation”), which was filed on June 29, 2006, whereby Mr. Work agreed to bind ROYAL PALM NORTH to the provisions of the Consent Order issued on June 29, 2006, (“Consent Order’) pursuant to the Settlement Stipulation. 11. You, ROYAL PALM NORTH, were ordered to repair or correct all damages noted in the Department’s Administrative Complaints, CP20050100184, CP 20050600157, and CP 20050800586, as well as in the Department’s three investigative files, 83312-05-FC, 83313- 05-FC, and 84218-05-FC, within 90 days of the issuance of the Consent Order as condition for the probation imposed on you by the Department in the Consent Order. COUNT I 12. The above General Allegations are hereby re-alleged and fully incorporated herein by reference. 13, On or about November 16, 2005, Kurt Schuller, an examiner with the Division, conducted an inspection (Department number SR1-326157592) of Royal Palm North (“2005 Inspection”). 14. The 2005 Inspection report contains evidence of numerous violations of the Act. 15, The Department sent a copy of the 2005 Inspection report to the business address of Royal Palm North via United States Post Office first-class mail. The package was not returned as undeliverable. 16. You, OSIRIS, failed to bury the body of Leola Smith in the grave space at Royal Palm North that is indicated on your map and in your contract, interment authorization, and interment card. 17. You, OSIRIS, failed to care for and maintain the cemetery landscaping and markers used to determine grave locations at Royal Palm North. You, OSIRIS, allowed the markers to be overgrown with noxious grass and weeds. 18. You, OSIRIS, failed to keep a correct record of every burial in Royal Palm North. 19. The map of Royal Palm North listed spaces as available that were, in fact, not available. 20. The map of Royal Palm North indicated that Sheila Johnson was buried in two separate locations. 21. You, OSIRIS, failed to care for and maintain the cemetery lots in Royal Palm North. The burial of Inez Davis in Royal Palm North encroached on the adjoining grave space. 22. You, OSIRIS, failed to keep the Royal Palm North cemetery office/funeral home in a well-cared-for and dignified condition. The roof leaked, which caused water stains to develop on the ceiling. 23. You, OSIRIS, failed to care for and maintain the cemetery structures. 24, You, OSIRIS, failed to fix the shifted and damaged bench at the McGlothlin grave site in Royal Palm North. 25. You, OSIRIS, failed: to submit an application for license renewal, along with the applicable license fee, on or before December 31, 2005 as required by the Act. 26. You, OSIRIS, failed to correct findings from previous inspections or investigations at Royal Palm North. The mausoleum roof at Royal Palm North, which leaked as noted on previous inspection reports, was not repaired. 27. The cremation rose garden at Royal Palm North remained incomplete, as noted on a previous inspection report. 28. You, OSIRIS, failed to repair the devotion niches at Royal Palm North, which had loose and cracked fronts and loose, missing, or improperly installed name plates, which was 4 noted on a previous inspection report. 29. You, OSIRIS, failed to repair the broken sprinkler system at Royal Palm North, which was noted on a previous inspection report. 30. You, OSIRIS, failed to remove the Veterans Mausoleum at Royal Palm North, which was noted as a violation on a previous inspection report. 31. You, OSIRIS, failed to remove mausoleum debris and other debris in and around the trees at Royal Palm North, which was noted on a previous inspection report. 32. You, OSIRIS, failed to repair or replace the fence around the maintenance shed, which was noted on a previous inspection report. IT IS THEREFORE CHARGED that you, OSIRIS, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds for the suspension or revocation of your license as a Cemetery in this state: (a) Section 497.152(1)(a), Florida Statutes, which provides that it is a violation to violate any provision of this chapter or any lawful order of the board or department or of the statutory predecessors to the board or department. (b) Section 497.152(1)(b), Florida Statutes, which provides that it is a violation to commit fraud, deceit, negligence, incompetency, or misconduct in the practice of any of the activities regulated under this chapter. (c) Section 497,005(9), Florida Statutes, which provides that "Care and maintenance" means the perpetual process of keeping a cemetery and its lots, graves, grounds, landscaping, roads, paths, parking lots, fences, mausoleums, columbaria, vaults, crypts, utilities, and other improvements, structures, and embellishments in a well-cared-for and dignified condition, so that the cemetery does not become a nuisance or place of reproach and desolation in the community. As specified in the rules of the licensing authority, "Care and maintenance" may include, but is not limited to, any or all of the following activities: mowing the grass at reasonable intervals; raking and cleaning the grave spaces and adjacent areas; pruning of shrubs and trees; suppression of weeds and exotic flora; and maintenance, upkeep, and repair of drains, water lines, roads, buildings, and other improvements. "Care and maintenance" may include, but is not limited to, reasonable overhead expenses necessary for such purposes, including maintenance of machinery, tools, and equipment used for such purposes. "Care and maintenance" may also include repair or restoration of improvements necessary or desirable as a result of wear, deterioration, accident, damage, or destruction. (d) Section 497.262, Florida Statutes, which provides that every cemetery company or other entity responsible for the care and maintenance of a licensed cemetery in this state shall ensure that the grounds, structures, and other improvements of the cemetery are well cared for and maintained in a proper and dignified condition. (e) Section 497.265, Florida Statutes, which provides that an application for license renewal shall be submitted, along with the applicable license fee, on or before December 31 each year in the case of an existing cemetery company and before any sale of cemetery property in the case of a new cemetery company or a change of ownership or control pursuant to s. 497.264. If the renewal application and fee are not received by December 31, the department shall collect a penalty in the amount of $200 per month or fraction of a month for each month delinquent. For the purposes of this subsection, a renewal application and fee submitted by mail shall be considered timely submitted and received if postmarked by December 31 of the applicable year. ) Section 497.276, Florida Statutes, which provides that a record shall be kept of every burial in the cemetery of a cemetery company, showing the date of burial and the name of the person buried, together with lot, plot, and space in which the burial was made. All financial records of the cemetery company shall be available at its principal place of business in this state and shall be readily available at all reasonable times for examination by the department. (g) Rule 69K-6.002, Florida Administrative Code, which provides that every licensed cemetery shall be maintained in a reasonable condition as defined in Section 497.005(9), F.S. COUNT II 33. | The above General Allegations are hereby re-alleged and fully incorporated herein by reference. 34. On or about September 22, 2006 and September 25, 2006, Kurt Schuller and Chris McMurray, examiners with the Division, conducted an inspection (Department number SR1-326176879) of Royal Palm North (“2006 Inspection”). 35. The Department sent a copy of the 2006 Inspection report to the business address of Royal Palm North via United States Post Office first-class mail. The package was not returned as undeliverable, | 36. The 2006 Inspection report contains evidence of numerous violations of the Act. 37. You, OSIRIS, failed to care for and maintain the cemetery lots and graves at Royal Palm North, 38. You, OSIRIS, failed to repair numerous loose and/or damaged grave markers, which was noted on a previous inspection report(s). 39, You, OSIRIS, failed to care for and maintain the cemetery lots, graves, and grounds at Royal Palm North, 40, You, OSIRIS, left Mrs. Mildred Engram’s grave open after not conducting her burial at the designated time. Mrs. Engram’s grave contained the empty vault that became filled with water and caused the sides of the grave to collapse. 41. Because you, OSIRIS, allowed Mrs. Engram’s grave to collapse, the graves and 7 markers surrounding the plot where Mrs. Engram was to be interred became damaged and collapsed, leaving those graves and markers in an improper and undignified condition. 42, You, OSIRIS, flew a worn and tattered American flag in the middle of the cemetery at Royal Palm North in an improper and undignified condition. 43. You, OSIRIS, failed to mow the grass around many grave markers and allowed grass clippings to accumulate on grave markers to the point that the markers could not be read. 44. You, OSIRIS, failed to cover numerous open graves at Royal Palm North. 45, You, OSIRIS, allowed the burial of Nell McGee to encroach on the adjoining grave space, which was owned by the Babroff family. 46. You, OSIRIS, failed to comply with the stipulations in the Consent Order, 47. You, OSIRIS, failed to correct the leak in the mausoleum roof at Royal Palm North, as noted on a previous inspection report, which caused standing water to form on the mausoleum floor, black mold and brown stains to form on the floor, walls, and ceiling, and floor tiles to break. 48. You, OSIRIS, failed to repair the upper devotion niches at Royal Palm North, which had loose and cracked fronts, and loose, missing, or improperly installed name plates, as noted on a previous inspection report. 49. You, OSIRIS, failed to repair the broken irrigation system, as noted on a previous inspection report. 50. You, OSIRIS, failed to remove the Veterans Mausoleum at Royal Palm North, which was noted as a violation on a previous inspection report. 51. You, OSIRIS, failed to repair or replace the fence surrounding the maintenance shed, which was noted as a violation on a previous inspection report. 52. You, OSIRIS, failed to remove the debris and trash in the canal that runs through the cemetery at Royal Palm North. 53, You, OSIRIS, failed to repair the partially dismantled bridge built across the canal at Royal Palm North. 54. You, OSIRIS, failed to repair the fountain, which was broken and full of stagnant water, in the rose scattering garden at Royal Palm North. 55. You, OSIRIS, failed to correct the violations at Royal Palm North presented by the burial of Leola Smith and the encroachment on the burial spaces around Inez Davis’s grave space. 56. You, OSIRIS, failed to repair the leak in the roof at the Royal Palm North cemetery office/funeral home, which was noted in a previous inspection report. 57. You, OSIRIS, failed to fix the shifted and damaged bench at the McGlothlin grave site in Royal Palm North, which was noted in a previous inspection report. IT IS THEREFORE CHARGED that you, OSIRIS, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds for the suspension or revocation of your license as a Cemetery in this state: (a) Section 497.152(1)(a), Florida Statutes, which provides that it is a violation to violate any provision of this chapter or any lawful order of the board or department or of the statutory predecessors to the board or department. (b) Section 497.152(1)(b), Florida Statutes, which provides that it is a violation to commit fraud, deceit, negligence, incompetency, or misconduct in the practice of any of the activities regulated under this chapter. (c) Section 497.005(9), Florida Statutes, which provides that "Care and maintenance" means the perpetual process of keeping a cemetery and its lots, graves, grounds, landscaping, roads, paths, parking lots, fences, mausoleums, columbaria, vaults, crypts, utilities, and other improvements, structures, and embellishments in a well-cared-for and dignified condition, so that the cemetery does not become a nuisance or place of reproach and desolation in the community. As specified in the rules of the licensing authority, "Care and maintenance” may include, but is not limited to, any or all of the following activities: mowing the grass at reasonable intervals; raking and cleaning the grave spaces and adjacent areas; pruning of shrubs and trees; suppression of weeds and exotic flora; and maintenance, upkeep, and repair of drains, water lines, roads, buildings, and other improvements. "Care and maintenance" may include, but is not limited to, reasonable overhead expenses necessary for such purposes, including maintenance of machinery, tools, and equipment used for such purposes. "Care and maintenance" may also include repair or restoration of improvements necessary or desirable as a result of wear, deterioration, accident, damage, or destruction. (d) Section 497,262, Florida Statutes, which provides that every cemetery company or other entity responsible for the care and maintenance of a licensed cemetery in this state shall ensure that the grounds, structures, and other improvements of the cemetery are well cared for and maintained in a proper and dignified condition. (e) Rule 69K-6,002, Florida Administrative Code, which provides that every licensed cemetery shall be maintained in a reasonable condition as defined in Section 497.005(9), F.S. COUNT HT 58. The above General Allegations are hereby re-alleged and fully incorporated herein by reference. 59, On or about December 5, 2007, Kurt Schuller, an examiner with the Division, conducted an inspection (Department number SR1-404972031) of Royal Palm North (“2007 Inspection”). 10 60. The Department sent a copy of the 2007 Inspection report to the business address of Royal Palm North via United States Post Office first-class mail. The package was not returned as undeliverable. 61. The 2007 Inspection report contains evidence of numerous violations of the Act. 62. You, OSIRIS, failed to care for and maintain the cemetery lots and graves at Royal Palm North. 63. You, OSIRIS, failed to repair numerous loose and/or damaged grave markers, which was noted on a previous inspection report(s). 64. You, OSIRIS, allowed the grave marker for Spitileri to become overgrown with vegetation and covered with dirt. 65. You, OSIRIS, failed to care for and maintain the cemetery grounds at Royal Palm * North. 66. You, OSIRIS, failed to remove piles of debris from a wooded area easily visible from parts of Royal Palm North. 67. You, OSIRIS, allowed a dumpster that was filled with garbage to become overgrown with noxious vegetation on the grounds of Royal Palm North. 68. You, OSIRIS, spread the dirt from new burials over existing burials at Royal Palm North. 69. You, OSIRIS, failed to adjust numerous grave markers to account for the change in grade. 70. You, OSIRIS, failed to sod or seed the grounds at Royal Palm North, leaving many areas covered in dirt. 71. You, OSIRIS, failed to comply with the stipulations in the Consent Order. 72. You, OSIRIS, failed to correct the leak in the mausoleum roof at Royal Palm 11 North, as noted on previous inspection reports, which caused standing water to form on the mausoleum floor, black mold and brown stains to form on the floor, walls, and ceiling, and floor tiles to break. 73. You, OSIRIS, failed to repair the upper devotion niches at Royal Palm North, which had loose and cracked fronts, and loose, missing, or improperly installed name plates, as noted in previous inspection reports. 74, You, OSIRIS, failed to repair the broken irrigation system at Royal Palm North, as noted in previous inspection reports. 75, You, OSIRIS, failed to remove the debris and trash in the canal that runs through the cemetery at Royal Palm North, as noted in previous inspection reports. 76. You, OSIRIS, failed to repair the partially dismantled bridge built across the canal at Royal Palm Norta, as noted in previous inspection reports, 77. You, OSIRIS, failed to correct the leak in the Royal Palm North cemetery office/funeral home, as noted in previous inspection reports, 78. You, OSIRIS, stated that the broken fountain in the rose scattering garden, as noted in previous inspection reports, was stolen. You, OSIRIS, did not file a police report to report the allegedly stolen fountain. 79. You, OSIRIS, failed to correct the violations at Royal Palm North presented by the encroachment on the burial spaces around Nell McGee’s grave space. 80. You, OSIRIS, failed to correct the violations at Royal Palm North presented by the burial of Leola Smith and the encroachment on the burial spaces around Inez Davis’ grave space. 81. You, OSIRIS, failed to fix the shifted and damaged bench at the McGlothlin grave site in Royal Palm North, as noted in previous inspection reports, 12 IT IS THEREFORE CHARGED that you, OSIRIS, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds for the suspension or revocation of your license as a Cemetery in this state: (a) Section 497.152(1)(a), Florida Statutes, which provides that it is a violation to violate any provision of this chapter or any lawful order of the board or department or of the statutory predecessors to the board or department. (b) Section 497.152(1)(b), Florida Statutes, which provides that it is a violation to commit fraud, deceit, negligence, incompetency, or misconduct in the practice of any of the activities regulated under this chapter. (c) Section 497,005(9), Florida Statutes, which provides that "Care and maintenance" means the perpetual process of keeping a cemetery and its lots, graves, grounds, landscaping, roads, paths, parking lots, fences, mausoleums, columbaria, vaults, crypts, utilities, and other improvements, structures, and embellishments in a well-cared-for and dignified condition, so that the cemetery does not become a nuisance or place of reproach and desolation in the community, As specified in the rules of the licensing authority, Care and maintenance" may include, but is not limited to, any or all of the following activities: mowing the grass at reasonable intervals; raking and cleaning the grave spaces and adjacent areas; pruning of shrubs and trees; suppression of weeds and exotic flora; and maintenance, upkeep, and repair of drains, water lines, roads, buildings, and other improvements. "Care and maintenance" may include, but is not limited to, reasonable overhead expenses necessary for such purposes, including maintenance of machinery, tools, and equipment used for such purposes. "Care and maintenance" may also include repair or restoration of improvements necessary or desirable as a result of wear, deterioration, accident, damage, or destruction. 13 (d) Section 497,262, Florida Statutes, which provides that every cemetery company or other entity responsible for the care and maintenance of a licensed cemetery in this state shall ensure that the grounds, structures, and other improvements of the cemetery are well cared for and maintained in a proper and dignified condition. (e) Rule 69K-6.002, Florida Administrative Code, which provides that every licensed cemetery shall be maintained in a reasonable condition as defined in Section 497.005(9), F.S. COUNT IV 82. The above General Allegations are hereby re-alleged and fully incorporated herein by reference, 83. On or about October 7, 2008, Suzie Morse and Kurt Schuller, examiners with the Division, conducted an inspection (Department number SR1-529658498) of Royal Palm North (“2008 Inspection’). 84, The Department sent a copy of the 2008 Inspection report to Mr. Work’s home address, 17705 St. Lucia Isle Drive, Tampa, FL 33647, via United States Post Office first-class mail. The package was not returned as undeliverable. 85. The 2008 Inspection report contains evidence of numerous violations of the Act. 86. You, OSIRIS, failed to care for and maintain the cemetery lots and graves at Royal Palm North. 87. You, OSIRIS, failed to repair numerous loose and/or damaged grave markers, which was noted on previous inspection reports. Multiple markers have cracked granite, loose and/or damaged bronze plaques, and broken or missing bronze vases. 88. You, OSIRIS, failed to remove or repair broken lawn crypt lids that lay on the Royal Palm North grounds. . 89. You, OSIRIS, failed to fill in the washouts beneath numerous grave markers, 14 which creates a hazard for Royal Palm North visitors as well as unsightly conditions. 90. You, OSIRIS, failed to repair the broken and unsecured retaining walls in the Honor section of Royal Palm North, which creates a hazard for visitors as well as unsightly conditions, 91. You, OSIRIS, failed to replace the missing border tiles on numerous niche fronts at Royal Palm North. 92. You, OSIRIS, failed to replace the missing and tattered canvas for the awnings outside the Royal Palm North funeral home, which has exposed the metal frame in an undignified manner. 93. You, OSIRIS, failed to care for and maintain the roads and paths at Royal Palm North, In that, you, OSIRIS, failed to repair cracked pavements and numerous potholes, 94. You, OSIRIS, left an open hole at Ms. Louise Butler’s gravesite after not installing the marker foundation and the marker at the designated date and time. The open hole is surrounded by faded yellow caution tape wrapped around pieces of plywood in an improper and undignified condition. 95. You, OSIRIS, failed to replace the missing tiles at the Royal Palm North mausoleum entrance. 96. You, OSIRIS, failed to clean the mausoleum crypt fronts at Royal Palm North. 97. You, OSIRIS, failed to enforce marker foundation requirements on all burials, which creates a financial disadvantage to consumers who paid for marker foundations. 98. You, OSIRIS, failed to remove the vegetation and dirt from the Spitileri grave marker, as noted on a previous inspection report. 99. You, OSIRIS, failed to remove piles of debris from a wooded area easily visible from parts of Royal Palm North, as noted on previous inspection reports. 15 100. You, OSIRIS, failed to remove a dumpster that was filled with garbage and overgrown with noxious vegetation on the grounds of Royal Palm North, as noted on a previous inspection report. 101. You, OSIRIS, failed to remove the dirt from new burials that was spread over existing burials at Royal Palm North, as noted on a previous inspection report. 102. . You, OSIRIS, failed to adjust numerous grave markers to account for the change in grade, as noted in a previous inspection report. 103, You, OSIRIS, failed to sod or seed the grounds at Royal Palm North, leaving many areas covered in dirt, as noted in a previous inspection report. 104. You, OSIRIS, failed to comply with the stipulations in the Consent Order. 105. You, OSIRIS, failed to correct the leak in the mausoleum roof at Royal Palm North, as noted on previous inspection reports, which caused standing water to form on the mausoleum floor, black mold and brown stains to form on the floor, walls, and ceiling, and floor tiles to break. 106, You, OSIRIS, failed to repair the upper devotion niches at Royal Palm North, which had loose and cracked fronts, and loose, missing, or improperly installed name plates, as noted on previous inspection reports. 107. You, OSIRIS, failed to repair the broken irrigation system at Royal Palm North, as noted on previous inspection reports, 108. You OSIRIS, failed to remove the debris and trash in the canal that runs through the cemetery at Royal Palm North, as noted on previous inspection reports. 109. You, OSIRIS, failed to repair the partially dismantled bridge built across the canal at Royal Palm North, as noted in previous inspection reports. 110. You, OSIRIS, failed to correct the leak in the Royal Palm North cemetery 16 office/funeral home, as noted in previous inspection reports. 111, You, OSIRIS, failed to correct the violations at Royal Palm North presented by the encroachment on the burial spaces around Nell McGee’s grave space. 112, You, OSIRIS, failed to correct the violations at Royal Palm North presented by the burial of Leola Smith and the encroachment on the burial spaces around Inez Davis’ grave space. 113. You, OSIRIS, failed to fix the shifted and damaged bench at the McGlothlin grave site in Royal Palm North, as noted in previous inspection reports. IT IS THEREFORE CHARGED that you, OSIRIS, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds for the suspension or revocation of your license as a Cemetery in this state: (a) Section 497,152(1}(a), Florida Statutes, which provides that it is a violation to violate any provision of this chapter or any lawful order of the board or department or of the statutory predecessors to the board or department. (b) Section 497,152(1)(b), Florida Statutes, which provides that it is a violation to commit fraud, deceit, negligence, incompetency, or misconduct in the practice of any of the activities regulated under this chapter, (c) Section 497.005(9), Florida Statutes, which provides that "Care and maintenance" means the perpetual process of keeping a cemetery and its lots, graves, grounds, landscaping, roads, paths, parking lots, fences, mausoleums, columbaria, vaults, crypts, utilities, and other improvements, structures, and embellishments ina well-cared-for and dignified condition, so that the cemetery does not become a nuisance or place of reproach and desolation in the community. As specified in the rules of the licensing authority, “Care and maintenance" may include, but is 17 not limited to, any or all of the following activities: mowing the grass at reasonable intervals; raking and cleaning the grave spaces and adjacent areas; pruning of shrubs and trees; suppression of weeds and exotic flora; and maintenance, upkeep, and repair of drains, water lines, roads, buildings, and other improvements. "Care and maintenance" may include, but is not limited to, reasonable overhead expenses necessary for such purposes, including maintenance of machinery, tools, and equipment used for such purposes. "Care and maintenance" may also include repair or restoration of improvements necessary or desirable as a result of wear, deterioration, accident, damage, or destruction. | (d) Section 497.262, Florida Statutes, which provides that every cemetery company or other entity responsible for the care and maintenance of a licensed cemetery in this state shall ensure that the grounds, structures, and other improvements of the cemetery are well cared for and maintained in a proper and dignified condition. (e) Rule 69K-6.002, Florida Administrative Code, which provides that every licensed cemetery shall be maintained in a reasonable condition as defined in Section 497.005(9), F.S. COUNT V 114, The above General Allegations are hereby re-alleged and fully incorporated herein by reference. 115. On or about October 7, 2009, Suzie Morse and Kurt Schuller, examiners with the Division, conducted an inspection (Department number SR1-615324851) of the Royal Palm North cemetery (“2009 Inspection”). 116. The Department sent a copy of the 2009 Inspection report to Mr. Work’s home address, 17705 St. Lucia Isle Drive, Tampa, FL 33647, via United States Post Office first-class mail. The package -vas not returned as undeliverable, 117. The 2009 Inspection report contains evidence of numerous violations of the Act. 18 118. You, OSIRIS, failed to care for and maintain the cemetery lots and graves at Royal Palm North. 119, You, OSIRIS, failed to repair numerous loose and/or damaged grave markers, which was noted on previous inspection reports. Multiple markers have cracked granite, loose and/or damaged bronze plaques, and broken or missing bronze vases. 120, You, OSIRIS, failed to bury the body of Rosalie Peck in the grave space at Royal Palm North that is indicated on the lot card and the interment authorization card dealing with the burial of Rosalie Peck. 121. You, OSIRIS, did not notify or seek authorization from Rosalie Peck or the authorized representative(s) of Rosalie Peck about the changed burial space. 122. You, OSIRIS, failed to care for and maintain the Royal Palm North grounds by not mowing the grass, which made it difficult for the examiners to walk through the cemetery. 123, You, OSIRIS, failed to have an operational backhoe available at Royal Palm North, which prevented cemetery staff from performing grave openings and closings. Cemetery equipment was not being properly maintained. 124. You, OSIRIS, left large and unsightly piles of dirt next to numerous open graves in a negligent, dangerous, and disrespectful display toward surrounding burials. 125, You, OSIRIS, failed to keep a correct record of every burial in Royal Palm North. 126. You, OSIRIS, performed temporary entombments without the requisite documented authorization from an authorized representative. 127. You, OSIRIS, maintained incomplete and incorrect burial records. The interment authorization cards for Barrington Davis and for Imogene Ford show two different burial locations, and neither card reflects approval for temporary entombments. 128. You, OSIRIS, allowed Elizabeth Peterson’s gasketed vault to remain unsecured 19 and exposed in the Royal Palm North maintenance area for approximately four months, which could expose the vault’s sealant material to damage that lessens the quality and effectiveness of the merchandise. 129, You, OSIRIS, failed to inter the body of Elizabeth Peterson in a timely manner. 130. You, OSIRIS, failed to submit an application for license renewal, along with the applicable license fee, on or before December 31, 2008 as required by the Act. The cemetery license (34-00) was therefore invalid from January 1, 2009 through January 13, 2009. 131. You, OSIRIS, failed to remove or repair broken lawn crypt lids that lay on the Royal Palm North grounds, as noted in a previous inspection report. 132. You, OSIRIS, failed to fill in the washouts beneath numerous grave markers, which creates a hazard for Royal Palm North visitors as well as unsightly conditions, as noted in a previous inspection report. 133, You, OSIRIS, failed to repair the broken and unsecured retaining walls in the Honor section of Royal Palm North, which creates a hazard for visitors as well as unsightly conditions, as noted in a previous inspection report. 134. You, OSIRIS, failed to replace the missing border tiles on numerous niche fronts at Royal Palm North, as noted in a previous inspection report. 135. You, OSIRIS, failed to replace the missing and tattered canvas for the awnings outside the Royal Palm North funeral home, which has exposed the metal frame in an undignified manner, as noted in a previous inspection report. 136. You, OSIRIS, failed to care for and maintain the roads and paths at Royal Palm North. In that, you, OSIRIS, failed to repair cracked pavements and numerous potholes, as noted in previous inspection reports. 137. You, OSIRIS, failed to replace the missing tiles at the Royal Palm North 20 mausoleum entrance, as noted a previous inspection report. 138. You, OSIRIS, failed to clean the mausoleum crypt fronts at Royal Palm North, as noted on a previous inspection report. 139. You, OSIRIS, failed to enforce marker foundation requirements on all burials, which creates a financial disadvantage to consumers who paid for marker foundations, as noted on a previous inspection report. 140, You, OSIRIS, failed to remove the vegetation and dirt from the Spitileri grave marker, as noted in previous inspection reports, 141. You, OSIRIS, failed to remove piles of debris from a wooded area easily visible from parts of Royal Palm North, as noted in previous inspection reports. 142. You, OSIRIS, failed to remove a dumpster that was filled with garbage and overgrown with noxious vegetation on the grounds of Royal Palm North, as noted in previous inspection reports. 143, You, OSIRIS, failed to remove the dirt from new burials that was spread over existing burials at Royal Palm North, as noted in previous inspection reports. 144. You, OSIRIS, failed to adjust numerous grave markers to account for the change in grade, as noted in previous inspection reports. 145. You, OSIRIS, failed to sod or seed the grounds at Royal Palm North, leaving many areas covered in dirt, as noted in previous inspection reports. 146. You, OSIRIS, failed to comply with the stipulations in the Consent Order. 147. You, OSIRIS, failed to correct the leak in the mausoleum roof at Royal Palm North, as noted on previous inspection reports, which caused standing water to form on the mausoleum floor, black mold and brown stains to form on the floor, walls, and ceiling, and floor tiles to break. 21 148, You, OSIRIS, failed to repair the upper devotion niches at Royal Palm North, which had loose and cracked fronts, and loose, missing, or improperly installed name plates, as noted in previous inspection reports. 149. You, OSIRIS, failed to repair the broken irrigation system at Royal Palm North, as noted in previous inspection reports. 150. You, OSIRIS, failed to remove the debris and trash in the canal that runs through the cemetery at Royal Palm North, as noted in previous inspection reports. 151. You, OSIRIS, failed to repair the partially dismantled bridge built across the canal at Royal Palm North, as noted in previous inspection reports. 152, You, OSIRIS, failed to correct the leak in the Royal Palm North cemetery office/funeral home, as noted in previous inspection reports. 153, You, OSIRIS, failed to correct the violations at Royal Palm North presented by the encroachment on the burial spaces around Nell McGee’s grave space. 154. You, OSIRIS, failed to correct the violations at Royal Palm North presented by the burial of Leola Smith and the encroachment on the burial spaces around Inez Davis’ grave space. 155. You, OSIRIS, failed to fix the shifted and damaged bench at the McGlothlin grave site in Royal Palm North, as noted in previous inspection reports. IT IS THEREFORE CHARGED that you, OSIRIS, have violated or are accountable under one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds for the suspension or revocation of your license as a Cemetery in this state: (a) Section 497.152(1)(a), Florida Statutes, which provides that it is a violation to violate any provision of this chapter or any lawful order of the board or department or of the 22 statutory predecessors to the board or department. (b) Section 497,152(1)(b), Florida Statutes, which provides that it is a violation to commit fraud, deceit, negligence, incompetency, or misconduct in the practice of any of the activities regulated under this chapter. (c) Section 497.005(9), Florida Statutes, which provides that "Care and maintenance" means the perpetual process of keeping a cemetery and its lots, graves, grounds, landscaping, roads, paths, parking lots, fences, mausoleums, columbaria, vaults, crypts, utilities, and other improvements, structures, and embellishments in a well-cared-for and dignified condition, so that the cemetery does not become a nuisance or place of reproach and desolation in the community. As specified in the rules of the licensing authority, "Care and maintenance" may include, but is not limited to, any or all of the following activities: mowing the grass at reasonable intervals; raking and cleaning the grave spaces and adjacent areas; pruning of shrubs and trees; suppression of weeds and exotic flora; and maintenance, upkeep, and repair of drains, water lines, roads, buildings, and other improvements. "Care and maintenance" may include, but is not limited to, reasonable overhead expenses necessary for such purposes, including maintenance of machinery, tools, and equipment used for such purposes. "Care and maintenance" may also include repair or restoration of improvements necessary or desirable as a result of wear, deterioration, accident, damage, or destruction. (d) Section 497.262, Florida Statutes, which provides that every cemetery company or other entity responsible for the care and maintenance of a licensed cemetery in this state shall ensure that the grounds, structures, and other improvements of the cemetery are well cared for and maintained in a proper and dignified condition. (e) Rule 69K-6,002, Florida Administrative Code, which provides that every licensed cemetery shall be maintained in a reasonable condition as defined in Section 497.005(9), F.S. 23 ® Section 497.265, Florida Statutes, which provides that an application for license renewal shall be submitted, along with the applicable license fee, on or before December 31 each year in the case of an existing cemetery company and before any sale of cemetery property in the case of a new cemetery company or a change of ownership or control pursuant to s. 497.264. If the renewal application and fee are not received by December 31, the Department shall collect a penalty in the amount of $200 per month or fraction of a month for each month delinquent. For the purposes of this subsection, a renewal application and fee submitted by mail shall be considered timely submitted and received if postmarked by December 31 of the applicable year. (g) Section 497.276, Florida Statutes, which provides that a record shall be kept of every burial in the cemetery of a cemetery company, showing the date of burial and the name of the person buried, together with lot, plot, and space in which the burial was made. All financial records of the cemetery company shall be available at its principal place of business in this state and shall be readily available at all reasonable times for examination by the department. . (h) —_ Rule 69K-6.007(1), Florida Administrative Code, which provides that a cemetery shall not perform a burial, interment, entombment, or inurnment, until it has received proper authorization. Such authorization shall consist of the following: (a) An original completed burial transit permit; (b) An authorization, in writing, on forms precribed by the cemetery, from the individual(s) who own the burial rights for the burial space in which the burial is to take place; and (c) An authorization, in writing, according to either cemetery by-laws or written operating procedures of the cemetery, from the individual or individuals who, at the time the interment is to be made, have the right to authorize the burial of the decedent. WHEREFORE, the Department respectfully requests that the Board enter an order imposing one or more of the following penalties on you, OSIRIS: revocation or suspension of license; imposition of an administrative fine not to exceed five thousand dollars ($5,000) for 24 each count or separate offense; issuance of a written reprimand; placement of on probation; assessment of costs associated with investigation and prosecution; requiring you, OSIRIS, to make restitution; and/or such other penalty or condition as is authorized under section 497.153(5), Florida Statutes. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the 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 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 DFS Agency Clerk, Julie Jones, Florida Department of Financial Services, 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 25 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 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 26 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 Z day of , 2010. DOUGLAS SHROPSHIRE, Fxecutive Director, Florida Board of Funeral, Cemetery, and Consumer Services 27 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: WORK & SON-OSIRIS, INC. d/b/a ROYAL PALM CASE NO.: 108567-10-FC NORTH CEMETERY (License Number: F039668), ELECTION OF PROCEEDING I have received and have read the Administrative Complaint filed by the Florida Department of Financial Services ("Department") against me, including the Notice of Rights contained therein, and ] understand my options. I am requesting disposition of this matter as indicated below. (CHOOSE ONE) 1.0} 3.0] I do not dispute any of the Department’s factual allegations and I do not desire a hearing. 1 understand that by waiving my right to a hearing, the Board of Funeral, Cemetery and Consumer Services (“Board”) may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my license(s) as may be appropriate, I do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with Sections 120.57(2) and 497.153(4)(b), Florida Statutes. In this regard, I desire to: {] 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. T do dispute one or more of the Department's factual allegations. 1 hereby request a hearing pursuant to Section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. I have attached to this election form the information required by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (c) of the Notice of Rights. Specifically, I have identified the disputed issues of material fact in the response attached hereto. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: DFS Agency Clerk, Julie Jones, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390, Signature Print Name Date: Address: Date Administrative Complaint Received: If you are represented by an attorney or qualified Phone No.: representative, please attach to this election form his or her name, address, telephone and fax numbers Fax No.: 28 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to: WORK & SON-OSIRIS, INC. d/b/a ROYAL PALM NORTH CEMETERY 5827 14" Street Bradenton, FL 34207 WENDY R. WIENER, ESQ, as Registered Agent Gardner, Bist, Wiener, Wadsworth & Bowden, P.A. 1300 Thomaswood Drive Tallahassee, Florida 32308 by Certified U.S. Mail, return receipt requested, restricted delivery, this 294 day of June, 2010. is ‘ oes Ese } Florida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4230 Florida Bar Number: 0079063 29

Docket for Case No: 10-010311