IN TIIE MATTER OF: TROY BRANT

(License Numher F044511 )

IU:l'!lUil•'.NTINfi

ALEX SINl:i

CHIEF FINANCIALOFFH.:ER

STATEOF f'LOBJDA

/

FILED

Bd of Funeral, Cemetery &ColllWDlt Svea

DATE• //-/q-,).010

Initials of DFCCS stllfl ·n0;:5

CASE NO.: 112163-10-FC

ADMINISTRATIVE COMPLAINT

To: TROY BRANT

404 W. Palmetto St. Wauchula, Florida 33873

You, TROY BRANT, are hereby notified that the Department of Financial Services, Division of Funeral, Cemetery and Consumer Services ("the Department") has conducted investigations in connection with your license to operate as a funeral director and embalmer. On October 12, 2010, a probable cause panel found probable cause to charge you, TROY BRANT, with violations of Chapter 497, Florida Statutes, and the Florida Administrative Code as set forth in this Administrative Complaint. Based upon the Depmtment investigation and the probable cause pmrnl findings, it is alleged:

GENERA!, ALLEGATIONS

I. 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, ("the Act"), the Department is the state agency charged with regulating the practice of 1i.mcral establishments, foneral directing, ,111d embalming.

1. The Board of Funeral, Cemetery and Consumer Services (''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(l)(v) and 497.153(3), Florida Statutes.

2. Section 497.152, Florida Statutes, sets forth conduct that is prohibited and th.ii

   
   

   shall constitute grounds for discipline or other enforcement action against the licensee,

   
   

3. Section 497.005(34), Florid11 Statutes, defines the term foncral establishment as "[A] facility licensed under this chapter where a funeral director or embalmer practices funeral directing or emba.lming."

4. Section 497.157(1), Plorida Statutes, provides that "[n]o person or entity shall engage in any activity for which a license is required under this chapter, without holding such licensun) in good standing."

5. You, TROY llRANT, are cun·ently licensed, and at all times relevant to this administrative complaint wore licensed, in the state of Florida by the Department as a funeral director and embalmer, license number F0445 l l.

6. According to the website for the Florida Department of State Division of Corporations, you, TROY BRANT, nre the registered agent for Brant Fnncral Services, LLC with the registered agent's address at 404 W. Piilmetto Street, Waclrnla, Florida.

7. Brant Funeml Chapel is a fictitious name that was registered to Brant Funeral Services, LLC until the registration expired on December 31, 2007.

8. Brant Funeral Chapel was first licensed as a f'uncral establishment in the state of Florida by the Department on or about March 10, 2004, and was issued license number 11040808

at 404 W. Palmetto Street, Wauchula, Florida.

COUNT!

I 0. The above general allegations are hereby rcalleged and fully incorporated herein by reference.

1. Moody•Brant Funeral Chapel ("Moody-Brant") is a fictitious name that was registered to Brant Funeral Services, LLC until the registration expired on December 31, 2007.

2. Moody·Brant, at all times relevant to this adininistrativc complaint, including but not limited to the time period of June through August of 2006, opt,rated as an unlicensed funeral establish1mmt at 945 Bast Broadway, Ft. Meade, Florida.

3. Moody·Brant at this location was never .licenstJd by the Department pursuant to

   
   

   the provisions set forth in the Act.

   
   

4. You, TROY BRANT, directly and/or through Brant Funeral Services, TLC,

   
   

   operated Moody-Brant as an unlicensed funeral establishment.

   
   

5. By advertising, operating or representing Mo()dy-Brant as a funeral home while it was not licensed as such, you, TROY BRANT, committed fraud, deceit or misconduct in the practice of activities regulated under Chapter 497, Florida Statutes.

   IT IS THEREFORE CHARGED that you, TROY BRANT, have violated or ,we

   
   

   accCluntable under the following provisions of the Ac;t;

   
   

   1. Section 497.152(1 )(a), Florida Statutes, which prohibits violating any provision of this chapter or lawl\il order of the board or department or the statutory predecessors to the bourd or department.

   2. Section 497.152(1 )(b), Florida Statutes, which prohibits committing fraud, deceit,

      
      

      negligence.. incompetency, or miscomluct in the pructice of any of the aclivitics regulated under

      
      

      
      

      this chapter,

      
      

   3. Section 497. l 52(5)(d), Florida Statutes, which prohihits aiding, assisting, procuring, employing, or advisit1g any person or entity to practice a profession or occupation regulated by this chapter without required liccnsure under Chapter 497, Florida Statutes.

   4. Ruic 69K-21.00!, Florida Administrative Complaint, which prohibits any funeral establishment from operating or being open for business prior to the issuance of a funeral establishment license by the Department for that establishment.

   OUNT 11

   
   

6. The above general allegations as well as the allegations contained in paragraphs

   
   

   11, 12 and 14, are hereby realleged and fully incorporated herein by reference.

   
   

7. You, TROY BRANT, knew that Charles Hancock ("Mr. Hancock"), an employee of Moody-llrant and an unlicensed individual, was 11ol properly licensed in the state of Florida to engage in luneral directi11g or embalming.

8. You, TROY BRANT, knowingly concealed information related to the unlicensed practice of funeral directing by Mr. Hancock by not responding fully and accurately to the complaint filed with the Division regarding Mr. Hancock's unlicensed activities and the investigation initiated in response to the complaint.

9. You, TROY BRANT, facilitated and assisted the unlicensed practice of funeral directi11g by Mr. Hancock,

10. Mr. Hancock performed responsibilities which constitute the practice of funeral directing and may only be performed by a licensed funeral director, including the following activities specified in Section 497.372(1 ), Florida Statutes:

    Selling or offering to sell foneral services, embalming, cremation, or other

    
    

    serv1ces relating to the final disposition of human remains, including the removal of such remains !him the state, on an at-need basis. See also Rule 69K-1 S.004, Florida Administrative Code.

    Planning or arrnnging, ()Ii an at-need basis, the details of funeral services,

    
    

    embalming, cremation, or other services relating to the final disposition of human remains, including the mmoval of such remains from the state, with the family or friends of the decedent or any other person responsible for such services. See also Rule 69K-15.004, F.A.C.

    Making, negotiating, or completing the financial arrangements for a funeral services, embalming, cremation, or other services relating to the final disposition of human remains, including the removal of such remains from the state, on an at-need ba is, except that nonlicensed persollllel may assist the funeral director in performing such tasks. See also Rule 69K-15.003, F.A.C. and Rule 69K-15.004, F.A.C.

    IT IS THEREFORE CHARGED that you, TROY BRANT, have violated or is accountable under the following provisions of the Act:

    1. Section 497. l 52(1)(a), Florida Statutes, which prohibits violating any provision of this chapter or lawful order 1,f the hoard or department or the statutory predecessors to the board or department.

    2. Section 497.152(1)(b), Florida Statutes, which prohibits committing fraud, deceit, negligence, incompetency, or misconduct in the practice of any of the activities regulated under this chapter,

    3. Section 497.152(4)(c), Florida Statutes, which prohibits knowingly concealing information rel,itive to violations of this chapter.

    4. Section 497.152(5)(d), Florida Statutes, which prohibits aiding, assisting,

    
    

    procuring, employing, or advising any person or entity to practice a profession or occupation regulated by this chapter with(lU( required licensure tmder Chapter 497, lilorida Statutes.

    (c) Section 497.152(5)(1), Florida Statutes, which prohibits delegating to any person the performance of professional activities, or contracting with any person for the perfonnancc of profossional activities by such person, when the licensee knows or has reason to know the person is not qualified by training, experience, and authorization to perform such responsibilities.

    COUNT III

    
    

11. The above general allegations are hereby realleged and fully incorporated herein by reference.

12. At the regularly scheduled and duly noticed meeting of the Board on December 2, 2009, the Board revoked Bran! Funeral Chapel's funeral establishment license (F040808).

13. On 01' ahout .Tmma1·y 28, 2010, the lawful Final Order memorializing the Board's decision was issued and served upon you, TROY BRANT, as the owner and funeral director in charge at Brant Funeral Chapel.

14. Subsequent to the issuance of the Final Order, you, TROY BRANT, continued to operate Brant Funeral Chapel as a funeral establishment in violation ol'the Board's Final Order.

15. Subsequent to the issuance of the Final Order, you, TROY BRANT, continued to offer and advertise funernl goods and services in !he newspaper, continued to perform funeral services and provide foneral goods and continued to place obituaries in the newspaper for the services you, TROY BRANT, were performing at I3rant Funeral Chapel.

16. By advertising, operating or representing Brnnt Funeral Chapel as a funeral home while it was not licensed as such, you, TROY BRANT, committed fraud, deceit or misconduct in the practice of activities regulated under Chapter 497, Florida Statutes.

IT IS THEREFORE CHARGED that you, TROY BRANT, have violated or 1s accountable under the following provisions of the Act:

1. Section 497.152(1)(a), Florida Statutes, which prohibits violating any provision of

   
   

   this chapter or lawful order of the board or department or the sla!ulory predecessors to the board or department.

2. Section 497.152(1)(6), Florida Statutes, which prohibits committing fraud, deceit, negligence, incompcte11ey, or 111isc011duct in the practice of any of the activities regulated under this chapter.

3. Section 497.152(5)(6), Florida Statutes, which prohibits practicing or attempting to practice with a revoked, suspended, inactive, or delinquent license.

4. Section 497,152(5)(d), Florida Statutes, which prohibits aiding, assisting, procuring, employing, or advising any person or entity to practice a profession or occupation regulated by this chapter without required licensure under Chapter 497, Florida Statutes.

WHEREFORE, the Petitioner respectfully request that the Board of Funeral, Cemetery and Consumer Services enter an order imposing one or more of the following penalties; revocation or suspension of TROY BRANT's funeral director and embalmer license, restriction of' practice, imposition of an administrative fine, issuance of' a reprimand, placement of TROY BRANT's license on probation, corrective action, refund of foes billed or colloctcd, remedial education and/or any other relief that the Board deems appropriate under the provisions of subsection 497.153(5), Florida Statutes, and Fla. Admin. Code R. 61G8-30 as re-enacted by Fla. Admin. Code R. 69K-30.

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 inves!igution and prosecution of a disciplinary matter, including attorney related time and costs, on the Licensee/Respondent in addition lo any other discipline imposed.

NOTIGE QF RIGHTS

Pursuant to Seelions 120,569 .ind 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 mus! be in writing, signed by you, and must be liled 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 wri!ten request. The request must be filed with the Julie Jones, OFS 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.111. on the twenty-first duy after y<.11,ir receipt of this notice. Mailing the response on the twenty-firs( day will not preserve your right to a heming.

YOUR FAILURE TO RESPOND IN WRITING WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE WILL CONSTTTUTR A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF SUSPENSION OR REVOCATION WILL 8l1: ENTERED AGAINST YOU.

Tf you request a proceeding, you must provide information that complies with the requirements of Ruic 28-106.2015, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form confonns to these requirements. Specifically, your response must contain:

1. 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").

2. The name, address, telephone number, facsimile number of the attorney or qualified representative of the respondent (if any) upon whom service of pleadit1gs and other papers shall be made.

3. A statement requesting an administrative hearing identifying those material facts that are in dispute. ff there are none, the petition must so indicate.

4. A statement of when the respondent received notice of the administrative complaint.

5. A stutement 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.

Tf a. proceeding is requested and there is 110 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 bearing 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 arc held before a State Administrative Law Judge of the Division of Administrative Hearings. Unless the majority of witnesses arc located elsewhere, the Department wi11 request that the heari11g be conducted in Tallahassee, Florida.

Failure to foll,lw 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 !his matter shall he considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request lbr 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 hus been received by

the Department.

DATED and SIGNED this

) ,i'7

. !Vta_,_=> l;.,,,c(-it1" -4 L,

DOUGLA SHROPSI-IIR{

Exec\1ti ve Director

Division of Funeral, Cemetery and Consumer Services

CERTIFIQ;\Tl,l OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoi11g ADMINISTRATIVE

COMPLAINT and following ELECTION OF PROCEEDING FORM has been furnished to Troy Brant at 404 W. Palmetto Street, Wauchula, Florida 33873, by Certified U.S. Mail, return receipt

requested, restricted delivery, this day of f'o-RfO\): .(. 2010.

'."'::::::: .

Thomas A. "Tad" David, Esq

Florida Department of Financial Services Division of Legal Services

200 East Gaines St.

612 Larson Building

Tallahassee, Florida 32399-0333

(850) 413-4164

Florida Bar Number 0706868

STATE 0 11 fiLORlDA DEPARTMENT OF FINANCIAL SERVICES

DTVTSION OF LEGAL SERVICES

IN THE MATTER OF:

TROY BRANT CASE NO.: l 12163-10-FC

(License Number: F0445 l l)

ELECTION OF PROCEEDING

I have 1·eceived ilild lrnve r1,;ud the Administrative Complaint filed by the Florida Department of Financial Services

C'Dcpa.rtment") fi.gu.Jmit me, including the Notice of Rights contained thcrci111 and I understand my options. I am requesting

disposition of this man:er •l i11dicaled below. (CHOOSE ONE)

I. l ] 1 ili1.,..J1QJ dispute any of the Department'!'. factual allegations and I do not desire a hearing, I understn.nd thnt by wn.iving my right 1.o a heal'ing, the Board may enter a final ordc1· that adopts the Administrative Complain!. nnd imposes t.he sanctions sought, iricludirig ::iu pcnding or revoking my liccnsc(s) as may be apprnpriatc.

1. I do not dispute o.ny of the Department's factual allegations and I hereby elect a proceeding to h conducted in

   accot·danc with Secl.iom; 120.57(2) and 497.153(4)(6)i Florida Statutes. ln this r():gard, I Qesire to (C.II0 0 8F1 ON"f:):

   
   

   1. j Subtnil a written statement and documentary evidence to the Board in lieu ofa hearing;

      Or

      I ·1 Pel'sono.lly 11.nend a heu.rlng conducted by ltie Board ut the localion of a regularly scheduled Board meeting.

      
      

2. [ l I do dispute one or inore of the Dt:partmcnt's fi:u:t.ual allegations. I hereby request a hearing pursuant to Section 120.51(1), Florida Stil.tutes, lo be held bdorc thi: Division of Administrative Hearings. I have attached to this election form the information requin:d by Ruic 28nl06.2015; Florida Administrative Codt\ as specified in subparagraph (c) of lht": No tic(, of Rights. Specificallyi I have identified the disputed issues of material fact

TO l'RESl1RVCT YOUR RIGHT TO A HEARING, YOU MUST f'ILE YOUR RESPONSE w1n1 n-11,: UEl'ARTMENT 01' FINANCIAL srmv,cr,s WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMIN!SlRAl'!Vb COMPLAINT. TIH, RRSPONSE MUST BE I\.IIG.Il!Y.EQ BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-rJRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT.

The address for filing is: DFS Agency Clerk, Julie Jones, Florida Department of Financial Services, 200 East

Gaines Slrnct, Tallahassee, Florida 32399-0390.

Slgru1tun:: Print Name

Date:                                                                     

Address:                                                                                        

D11tc Administrntivo

Comf)laint Rcccivc(I: ..

If you lffl! r prtis,mttid hy IHI 11tton1cy or qunllflcd re1)resenh1t'lve, ple11se ath1ch to this election form his

or her 1urn1c, address, t·clcphnnc and fin: numhi!rs

Phone No,:                                           _

Docket for Case No: 11-000255PL