FILED JAN 20 2012 CHIEF FINANCIAL OFFICER JEFF ATWATER . STATE OF FLORIDA . Docketed by IN THE MATTER OF: GEORGE MORGAN, III CASE NO. 120359-11-FC / ADMINISTRATIVE COMPLAINT To; GEORGE MORGAN, III, * 8038 Maidencane Drive Trinity, Florida, 34655 You, GEORGE MORGAN, III, 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, GEORGE MORGAN, III, are licensed as a funeral director and embalmer, license number F045041, in this state. 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 “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 death care industry, including the practice of funeral directing and embalming, 3, Pursuant to the Act, the Department has jurisdiction over your funeral director and embalmer license and this administrative matter. Filed June 19, 2012 3:45 PM Division of Administrative Hearings 4. On December 20, 2011, a probable cause panel of the Division of Funeral, Cemetery and Consumer Services met and found probable cause to charge you, GEORGE MORGAN, III, a licensed funeral director and embalmer, with violations of the Act as alleged in Division investigative report number SR1-661097805, and as set forth in this Administrative Complaint. 5. At all times pertinent to the dates and occurrences referred to herein, you, GEORGE MORGAN, III, were a funeral director and embalmer, license number F045041, and acted as the responsible funeral director in charge for the licensed funeral establishment and preneed licensee for Morgan Funeral Home, Inc. located at 6025 East Trouble Creek Road, New Port Richey, Florida. 6. Section 497,380(7), Florida Statutes, provides that each licensed funeral establishment shall have one full-time funeral director in charge and shall have a licensed funeral director reasonably available to the public during normal business hours for the establishments. The full-time funeral director in charge is responsible for ensuring that the facility, its operation, and all persons employed in the facility comply with all applicable state and federal laws and rules. tc Section 497.166(3)(a), Florida Statutes, provides that the funeral director in charge of a funeral establishment is responsible for the control and activities of the establishment’s preneed sales agents. 8. On July 2, 2007, Morgan Funeral Home, Inc. was issued a preneed license. 9, Section 497,458(1)(a), Florida Statutes, provides that any person who is paid, collects, or receives funds under a preneed contract for funeral services or merchandise or burial services or merchandise shall deposit an amount at least equal to the sum of 70 percent of the purchase price collected for all services sold and facilities rented; 100 percent of the purchase price collected for all cash advance items sold; and 30 percent of the purchase price collected or 110 percent of the wholesale cost, whichever is greater, for each item of merchandise sold. COUNT ONE 10. | The above General Allegations are hereby realleged and fully incorporated herein by reference. 11. Until March 6, 2009, Morgan Funeral Home, Inc, was owned and operated by GEORGE MORGAN, III, Susan King, and Samuel Morgan. 12. You, GEORGE MORGAN, III, acted as the responsible funeral director in charge for the funeral establishment and preneed licensee of Morgan Funeral Home, Inc, 13, | On March 6, 2009, Faupel Group, L.L.C. purchased Morgan Funeral Home, Inc. 14. Section 497.458(1)(a), Florida Statutes, provides that any person who is paid, collects, or receives funds under a preneed contract for funeral services or merchandise or burial services or merchandise shall deposit an amount at least equal to the sum of 70 percent of the purchase price collected for all services sold and facilities rented; 100 percent of the purchase price collected for all cash advance items sold; and 30 percent of the purchase price collected or 110 percent of the wholesale cost, whichever is greater, for each item of merchandise sold, 15, Even after the sale of Morgan Funeral Home, Inc., you, GEORGE MORGAN, III, remained the acting responsible funeral director in charge for Morgan Funeral Home until you were terminated on March 3, 2010, 16. You, GEORGE MORGAN, III, failed to timely remit approximately Fifty Thousand, Nine Hundred Seven Dollars and Eight Cents ($50,907.08) to the trust fund accounts for Morgan Funeral Home, Inc. IT IS THEREFORE CHARGED that you, GEORGE MORGAN , III, 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(15)(b), Florida Statutes, provides that failing to timely remit, as required by Chapter 497, Florida Statutes, the required amounts to any trust fund required by Chapter 497, Florida Statutes and the rules promulgated thereto. (b) — 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 Chapter 497, Florida Statutes. (c) 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 licenses; 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". (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) Astatement 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 ora! 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. 20 |%- DATED and SIGNED this Otis of Sanwey 20H DRA 4. Deputy Chief Figancial 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 z Mail, return receipt requested this day of » 20Yf, to: GEORGE MORGAN, III, 8038 Maidencane Drive Trinity, Florida, 34655 Senior Attorney 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 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 “ay , 2012, to: GEORGE MORGAN, III, 5263 Miller Bayou Drive Port Richey, FL 34668 K.S Senior Attorhey 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: GEORGE MORGAN, III CASE NO. 120359-11-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. I am requesting disposition of this matter as indicated below, (CHOOSE ONE) Lf] 3.0) I do not dispute any of the Departments 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. 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): [] 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. 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 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._,

Docket for Case No: 12-002167PL