FILED CHIEF FINANCIAL OFFICER ; APR 21 204 JEFF ATWATER STATE OF FLORIDA Docketed by eth IN THE MATTER OF: DAVID COMOLETTI - CASE NO.: 114202-11-FC ~ 114204-11-FC. FO 42067 / ADMINISTRATIVE COMPLAINT TO: DAVID COMOLETTI P.O. Box 560433 Rockledge, Florida 32956 DAVID COMOLETTI 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 F042067 to operate as a Funeral Director and Embalmer. Based upon the investigation, it is alleged: GENERAL ALLEGATIONS 1, The Board of Funeral, Cemetery and Consumer Services (hereinafter “the Board”) created within the Department of Financial Services, and the Department of Financial Services have jurisdiction of your licensure as a Funeral Director/Embalmer 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 Filed January 10, 2012 11:49 AM Division of Administrative Hearings 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. On Match 8, 2011, a probable cause panel found probable cause to charge you, DAVID COMOLETTI, with violations of Chapter 497, Florida Statutes, and the Department’s administrative rules, and directed the Department to prosecute, 4, At all times relevant to the allegations of this Administrative Complaint, you, DAVID COMOLETTI, were licensed by the State of Florida to conduct business as a funeral director and an embalmer, pursuant to the provisions of the Act. Your, DAVID COMOLETTI’s, license number is F042067. 5. Funeral directors and embalmers are governed by the Act and certain administrative rules contained in the Chapter 69, F lorida Administrative Code. 6. Pursuant to Rule 69K-21.007, Florida Administrative Code, each full time funeral director in charge shall be responsible for only one funeral establishment ‘and shall also be responsible for making sure the funeral establishment and all persons employed in the establishment comply with all applicable laws and rules of the Board. 7, Pursuant to Section 497,153(7), Florida Statutes, the acts and omissions of any person employed by or under contract to the licensee shall be treated as the acts and omissions of the licensee. . 8. At all times relevant, to the allegations of this Administrative Complaint, you, DAVID COMOLETTI, were an officer and director as well as the full time funeral director in charge of Atlantic Mortuary, Inc. (“Atlantic”), an incorporated and fully licensed funeral home establishment located in Rockledge, Florida. 9. On or about July 11, 2008, an inspection of Atlantic’s premises was performed by the Department pursuant to Section 497,380, Florida Statutes. COUNT ONE 10.. The above General Allegations are hereby realleged and fully incorporated herein by reference. 11. Pursuant to Sections 382.005 and 382.006, Florida Statutes, a burial transit permit must be obtained from the local registrar or sub-registrar and filed with the Department of Health county vital statistics office. The permit must be signed by an authorized sub-registrar within 24 hours after issuance. \ 12. Between December 2006 and February 2009, you, DAVID COMOLETTL as Funeral Director in Charge for Atlantic, executed and filed approximately 302 Burial Transit Permits with the name of June Smith, sub-registrar, fraudulently affixed thereto. 13. At no time did June Smith authorize the issuance of these Burial Transit Permits nor did she execute the permits. You, DAVID COMMOLETTI, as the Funeral Director in Charge were aware or should have been aware of this fact. IT IS THEREFORE CHARGED that you, DAVID COMMOLETTI, have violated or are accountable under the following provisions of the Act which constitute grounds for discipline, including the suspension or revocation of you, DAVID COMMOLETTI’s, license to practice as a Funeral Director in Charge: (a) Section 497.152(1)(a), Florida Statutes, which provides that it is a disciplinable offense 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 disciplinable offense to commit fraud, deceit, negligence, incompetency, or misconduct in the practice of any of the activities regulated under this chapter. (c) Section 497.152(1)(g), Florida Statutes, which provides that it is a disciplinable offense to make or file a report or statement to or with any government entity that the licensee knows or has reason to know to be false. (a) Section 497,152(1)(h), Florida Statutes, which provides that it is a disciplinable offense to fail to perform any statutory or legal obligation placed upon a licensee. COUNT TWO 14. The above General Allegations are hereby realleged and fully incorporated herein by reference, 15. During the inspection of Atlantic, the investigator also inspected Atlantic’s " preparation room. 16. At the time of the investigation, Atlantic’s preparation room and floors were dirty, unsanitary, and not properly maintained. IT IS THEREFORE CHARGED that you, DAVID COMOLETTI, have violated or are accountable under the following provisions of the Act which constitute grounds for discipline, including the suspension or revocation of your, DAVID COMMOLETTI’s, license to practice as a Funeral Director. in Charge: . (a) Section 497,152(1)(a), Florida Statutes, which provides that it is a disciplinable offense 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) Rule 69K-21.003(5), Florida Administrative Code, which provides that the preparation room shall meet the requirements of the Department of Health Chapter 64E-16, Florida Administrative Code, which prescribes minimum sanitary practices relating to the management of biomedical waste, including segregation, handling, labeling, storage, transport and treatment. The preparation room shall be maintained in a clean and sanitary manner. COUNT THREE 17. The above General Allegations are hereby realleged and fully incorporated herein by reference. 18. During the inspection of Atlantic, the investigator also inspected Atlantic’s physical premises. 19, At the time of the investigation, Atlantic’s preparation room lacked a separate hand sink with running cold and hot water. IT IS THEREFORE CHARGED that you, DAVID COMMOLETTI, have violated or are accountable under the following provisions of the Act which constitute grounds for discipline, including the suspension or revocation of your, DAVID COMMOLETTI’s, license to practice as a Funeral Director in Charge: (a) Section 497.152(1)(a), Florida Statutes, which provides that it is a disciplinable offense 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) . Rule 69K-21,003(1)(e), Florida Administrative Code which provides that the preparation room shall have a hand sink with hot and cold water and a service sink and a floor drain connected to a central sewage system. WHEREFORE, the Department respectfully requests that the Board enter an Order imposing one of more of the following penalties: revocation or suspension of licensee’s 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 licensee on probation; assessment of costs associated with investigation and prosecution; requiring licensee 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 Julie Jones, 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 of the administrative complaint. Ifa hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena, If a proceeding is requested and there is no dispute of material fact, the provisions of section 120.57(2), Florida Statutes, apply. You may submit oral or written evidence in opposition to the action taken by the Board or a written statement challenging the grounds upon which the Board has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. . However, if you dispute material facts which are the basis for the Board’s action, you must request an adversarial proceeding pursuant to sections 120.569 and 120.57(1), Florida Statutes. These proceedings are held before a State Administrative Law Judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. / Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication 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 2.1” * ay of Pyors\ 2011, all ‘Whitfield, dy ' Deputy Chief Fi pha Officer CERTIFICATE OF SERVICE {1 HEREBY CERTIFY that a true and correct copy of the Administrative Complaint has been furnished by Certified Mail to: DAVID COMOLETTI at 965 Blue Grass Lane, Rockledge, Florida 32955 this AIS" day of yoru 2011, James A. Bossart, Assistant General Counsel lorida Department of Financial Services Division of Legal Services 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4124 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: CASE NO.: 114202-11-FC DAVID COMOLETTI . 114204-11-FC FO 42067 / ELECTION OF PROCEEDING I have received and have read the Administrative Complaint filed by the Florida Department of Financial Services ("Depattment") against me, including the Notice of Rights contained therein, and I understand my options. I am requesting disposition of this matter as indicated below, (CHOOSE ONE) LO] I do not dispute any of the Department’s factual allegations and 1 do not desire a hearing, I understand that by waiving my right to a hearing, the 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 Section 120,57(2), Florida Statutes, In this regard, I desire to (CHOOSE ONE): {J Submit a written statement and documentary evidence in lieu of a hearing; or [] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or {] Attend that same hearing by way of a telephone conference call. I do dispute one or more of the Department's factual allegations. I 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, 1 have identified the disputed issues of material fact. 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: Julie Jones, DFS Agency Clerk, 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.: 10

Docket for Case No: 12-000117PL