Petitioner: DEPARTMENT OF FINANCIAL SERVICES, BOARD OF FUNERAL, CEMETERY, AND CONSUMER SERVICES
Respondent: STANLEY KEITH GUNTER-BUTLER
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Financial Services
Locations: St. Petersburg, Florida
Filed: Mar. 28, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 10, 2012.
Latest Update: Dec. 24, 2024
FILED
CHIEP FINANCIAL OFFICER AUG 1 2 2011
JEFF ATWATER
STATE OF FLORIDA
Docketed by
IN THE MATTER OF:
STANLEY GUNTER-BUTLER CASE NO. 117958-11-FC
/
ADMINISTRATIVE COMPLAINT
To: STANLEY GUNTER-BUTLER
P.O. Box 13321
St. Petersburg, Florida 33733
You, STANLEY GUNTER-BUTLER, are hereby notified that the Chief Financial Officer
of the State of Florida has caused to be made an investigation of your activities while licensed as a
funeral director and embalmer, in this state, as a result of which it is alleged:
GENERAL ALLEGATIONS
1, You, STANLEY GUNTER-BUTLER, are licensed in the State of Florida as a
funeral director an embalmer, license number F045059.
2. 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 collectively referred to as the “the Act”), the Florida Department
of Financial Services, Division of Funeral, Cemetery and Consumer Services (hereinafter the
“Department”) is the state agency charged with regulating the practice of funeral directing and
embalming.
3. Pursuant to the Act, the Department has jurisdiction over your funeral director and
embalmer license.
4. On July 19, 2011, a probable cause panel of the Division of Funeral, Cemetery and
Consumer Services met and found probable cause to charge you, STANLEY GUNTER-BUTLER,
Filed March 28, 2012 3:45 PM Division of Administrative Hearings
a licensed funeral director and embalmer, with violations of the Act, as alleged in the Division
investigative report number SR1-626350009, and as set forth in this Administrative Complaint,
5, At all times pertinent to the dates and occurrences referred to herein, you,
STANLEY GUNTER-BUTLER, were a licensed funeral director and embalmer in the State of
Florida, license number F045059,
6. At all times pertinent to the dates and occurrences referred to herein, you,
STANLEY GUNTER-BUTLER, were the responsible funeral director in charge of Tony Tanner
Funeral Services, Inc., located at 127 Northwest 20" Street, Ocala, Florida, license number
F054862.
7. On August 31, 2009, you, STANLEY GUNTER-BUTLER, failed to renew your
funeral director and embalmer’s license with the Department, and your license became delinquent.
8. On October 28, 2009, the funeral director and embalmer’s license for you,
STANLEY GUNTER-BUTLER, was renewed, and your license became active.
9. On October 29, 2009, the Department received a complaint that Mr. Tony Tanner,
an unlicensed individual and owner of Tony Tanner Funeral Service, Inc., met with family
members to make the funeral arrangements for decedent Roy L. Morand.
COUNT ONE
10. The above General Allegations are hereby realleged and fully incorporated herein
by reference.
11. On October 5, 2009, a Statement of Funeral Goods and Services was entered into
between Mrs. Shirley Morand and you, STANLEY GUNTER-BUTLER, on behalf of Tony
Tanner Funeral Services, Inc., to provide funeral arrangements for decedent Roy L. Morand while
your funeral director’s license was delinquent and not active.
12. Also on October 5, 2009, you, STANLEY GUNTER-BUTLER, embalmed the
body of Mr. Roy L. Morand while your embalmer’s license was delinquent.
13. In your response to the complaint received by the Department, you, Stanley
Gunter-Butler, stated that “I personally arranged, embalmed, and conducted the Morands
Services.”
IT IS THEREFORE CHARGED that you, STANLEY GUNTER-BUTLER, have violated
or are accountable under the following provisions of the Act which constitute sufficient grounds
for discipline, including the suspension or revocation of your license as a funeral director and
embalmer:
(a) Section 497,152(5)(b), Florida Statutes, provides that it is a violation to practice or
attempt to practice with a revoked, suspended, inactive or delinquent license.
(b) Section 497,.365(1), Florida Statutes, provides that a licensee who practices a
profession without an active status license is in violation of this chapter, and the licensing
authority may impose discipline on the licensee.
(c) Section 497.152(1)(b), Florida Statutes, 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.
(d) Section 497,152(1)(a), Florida Statutes, which provides that it is a violation to
violate any provision of Chapter 497, Florida Statutes, or any lawful order of the board or
department or of the statutory predecessors to the board or department.
COUNT TWO
14, The above General Allegations are hereby realleged and fully incorporated herein
by reference.
15. On or about October 16, 2009, you, STANLEY GUNTER-BUTLER, embalmed
the body of Mr. Terry B. Bell while your embalmer’s license was delinquent.
16. On or about October 19, 2009, you, STANLEY GUNTER-BUTLER, embalmed
the body of Mrs. Zora Black while your embalmer’s license was delinquent.
17. On or about October 23, 2009, you, STANLEY GUNTER-BUTLER, embalmed
the body of Mrs. Bernice White while your embalmer’s license was delinquent.
IT IS THEREFORE CHARGED that you, STANLEY GUNTER-BUTLER, have violated
or are accountable under the following provisions of the Act which constitute sufficient grounds
for discipline, including the suspension or revocation of your license as a funeral director and
embalmer:
(a) Section 497.152(5)(b), Florida Statutes, provides that it is a violation to practice or
attempt to practice with a revoked, suspended, inactive or delinquent license.
(b) Section 497,365(1), Florida Statutes, provides that a licensee who practices a
profession without an active status license is in violation of this chapter, and the licensing
authority may impose discipline on the licensee.
(c) Section 497.152(1)(b), Florida Statutes, 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.
(d) Section 497.152(1){a), Florida Statutes, which provides that it is a violation to
violate any provision of Chapter 497, Florida Statutes, or any lawful order of the board or
department or of the statutory predecessors to the board or department.
WHEREFORE, the Department respectfully requests that the Board enter an order
imposing one or more of the following penalties: revocation or suspension of your license;
imposition of an administrative fine not to exceed five thousand dollars ($5,000) for each count or
separate offense; issuance of a written reprimand; placement of your license on probation;
assessment of costs associated with investigation and prosecution; requiring you to make
restitution; imposition of any or all penalties delineated within Section 497.153(5), Florida
Statutes; and any other relief that the Board is authorized to impose pursuant to the Act.
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 Julie Jones,
Agency Clerk, 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
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").
5
(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.
(da) 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.
DATED and SIGNED this Ik , day of » 2011.
J. Baul Whithicd’
Deputy Chief Finapéfal Officer
/
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE
COMPLAINT and ELECTION OF PROCEEDING FORM has been furnished by U.S. Certified
Mail, return receipt requested this \ day of , 2011, to:
STANLEY GUNTER-BUTLER
P.O. Box 13321
St. Petersburg, Florida 33733
Lie SUBLE:
Senior Attorne
Fla, Bar No. 230560
Florida Department of Financial Services
200 E. Gaines St., Suite 624
Tallahassee, FL 32399-0390
Phone (850) 413-4180
Fax: (850) 488-0697
Counsel for the Department
—
—
STATE OF FLORIDA
BOARD OF FUNERAL, CEMETERY AND CONSUMER SERVICES
IN THE MATTER OF:
STANLEY GUNTER-BUTLER CASE NO. 117958-11-FC
/
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 I understand my options. J am requesting
disposition of this matter as indicated below. (CHOOSE ONE)
1. [ ] Ido not dispute any of the Department’s factual allegations and I do not desire a hearing. I 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.
2. 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 (CHOOSE ONE):
i} 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,
3. [ ] 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, 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: Julie Jones, 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:
Tf 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.
Docket for Case No: 12-001137PL