FILED — JUN 11-2012 oD WE Gee, CHIEF FINANCIAL OFFICER Docketed by ce JEFF ATWATER. STATE OF FLORIDA. IN THE MATTER OF: SNOW’S FUNERAL MINISTRY AND " CREMATION SERVICE CASE NO.: 123305-12-FC FO40043 / ADMINISTRATIVE COMPLAINT ‘TO: Snow’s Funeral Ministry and Cremation Service 5791 SE 23" Lane Ocala, Florida 34471 You, SNOW’S FUNERAL MINISTRY AND CREMATION SERVICE (hereinafter “SNOWS?” or “you”) are hereby notified that the Department of Financial Services (hereinafter the “department”), has directed an inspection in connection with your license to operate a funeral establishment. Based upon the inspection and investigation, it is alleged: ' GENERAL ALLEGATIONS 1. At all times relevant to the allegations of this Administrative Complaint, SNOWS has been licensed as a funeral establishment at 5791 SE 23" Lane in Ocala, Florida 34471, pursuant to the provisions of chapter 497, Florida Statutes, the “Florida Funeral, Cemetery and Consumer Services Act” (hereinafter “the act’). 2. The Board of Funeral, Cemetery and Consumer Services (hereinafter the “board”) and the department have jurisdiction over SNOWS’ licensure as a funeral establishment, Filed July 18, 2012 1:42 PM Division of Administrative Hearings operations, and the subject matter of this proceeding, pursuant to the provisions of chapter 497, Florida Statutes. 3. 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. 4. As a result of the inspection, a probable cause panel of the board found probable cause to charge SNOWS with violations of chapter 497, Florida Statutes, and the department’s rules on April 30, 2012 and directed the department to prosecute. COUNT I 5. The above general and specific allegations are hereby realleged and fully incorporated herein by reference. 6. In or about March and April, 2010, SNOWS abandoned its licensed location of 5791 SE 23 Lane in Ocala, Florida, and conducted funerals and otherwise transacted business as a funeral establishment under the name of Snow’s Funeral Ministry and Cremation Service upon the premises of Cunningham’s Funeral Home, a separately licensed and operating funeral establishment located at 434 NW Martin Luther King Blvd. in Ocala, Florida, 7. At no time pertinent to the times and occurrences referred to in paragraph 6 was SNOWS licensed to operate a funeral establishment on the premises of Cunningham’s Funeral Home at the 434 NW Martin Luther King Blvd. address. 8. At no time pertinent to the times and occurrences referred to in paragraph 6 did SNOWS report to the department the change of address ten days prior to the move. 9. At no time pertinent to the times and occurrences referred to herein was SNOWS inspected by the department before SNOWS commenced funeral operations. IT IS THEREFORE CHARGED that you, SNOWS, have violated or are accountable under the following provisions of the act which set forth grounds for discipline, including the suspension or revocation of your license as a funeral establishment: (a) Violating any provision of this chapter or any lawful order of the board or Department or of the statutory predecessors to the board or Department. [Section 497.152(1)(a), Florida Statutes]; (b) No person shall conduct, maintain, manage, or operate a funeral establishment unless a funeral establishment operating license has been issued under this chapter for that establishment. [Section 497.380(3), Florida Statutes]; (c) Each funeral establishment located at a specific address shall be deemed to be a separate entity and shall require separate licensing and compliance with the requirements of this chapter. A funeral establishment may not be operated at the same location as any other funeral establishment. [Section 497.380(9), Florida Statutes]; (d) A change in location of a funeral establishment shall be promptly reported pursuant to procedures established by rule. Operations by the licensee at a new location may not commence until an inspection by the licensing authority of the facilities has been conducted and passed at the new location. [Section 497.380(12)(b), Florida Statutes]; and (e) A funeral establishment shall be inspected by the Department and the Department shall be notified by the owner of the establishment at least 10 days before a funeral establishment moves to a new location. [Rule 69K-21.002(4)(a), Florida Administrative Code]. _ 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 you 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 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 Julie Jones, Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. 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. Pursuant to section 497.153(5)(a), Florida Statutes, if an order of revocation is entered against you, the Board may specify by final order the period of time that must elapse before you may apply or reapply for any licensure under chapter 497, Florida Statutes. The board may also by order on a case-by-case basis specify that a revocation is permanent and that no future application for licensure under this chapter shall be accepted, processed, or approved. 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 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. In this regard, 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 rts day of O bone. , 2012. F CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to SNOW’S FUNERAL MINISTRY AND CREMATION SERVICE at 5791. SE 23" Lane, Ocala, Florida 34471 by U.S. Certified Mail this, \\*6__ day “Sune, 2012. ( Me A. Bossart, Assistant General Counsel orida 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 IN THE MATTER OF: SNOW’S FUNERAL MINISTRY AND CREMATION SERVICE CASE NO.: 123305-12-FC FO 40043 / ELECTION OF PROCEEDING J 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] I do 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 Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my licenses and appointments as may be appropriate. 2. Ido not dispute any of the Department's factual allegations and J hereby elect a proceeding to be conducted in accordance with Section 120.57(2), Florida Statutes. In this regard, I desire to (CHOOSE ONE): ' {] 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 C) Attend that same hearing by way of a telephone conference call. 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. 1 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. 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 32399-0333. 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: 12-002492