FILED CHIEF FINANCIAL OFFICER DE C 0 5 20 2 JEFF ATWATER Ja STATE OF FLORIDA Docketed by IN THE MATTER OF: PATRICK FULTON CASE NO. 125722-12-FC / ADMINISTRATIVE COMPLAINT To: PATRICK FULTON 500 East Airport Boulevard Sanford, Florida 32773 You, PATRICK FULTON, are hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of your activities in the death care industry while licensed as a Funeral Director and Embalmer (25-00), in this State, as a result of which it is alleged: GENERAL ALLEGATIONS 1. You, PATRICK FULTON, are a licensed Funeral Director and Embalmer (25-00), license number F035586, in this State. 2. Pursuant to Section 20.121(2)(n), 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 activities of Funeral Directors and Embalmers. 3. Pursuant to the Act, the Department has jurisdiction over your Funeral Director and Embalmer License. 4, On November 13, 2012, a probable cause panel of the Division of Funeral, Cemetery and Consumer Services met and found probable cause for the Department to charge you, PATRICK FULTON, with violations of the Act, as alleged in the Division’s investigative file, maintained within the Division’s records as ATN-17998, and as set forth in this Administrative Complaint. 5. At all times pertinent to the dates and occurrences referred to herein you, PATRICK FULTON, were a licensed Funeral Director and Embalmer in this State, and employed by the licensed funeral establishment for Collison Funeral Home and Crematory Howell Branch Chapel (“Collision Funeral Home”) located at 3806 Howell Branch Road, Winter Park, Florida. 6. Section 497.005(34), Florida Statutes, defines “funeral director” as “a person licensed under this chapter to practice funeral directing in this state.” 7. Section 497,005(35), Florida Statutes, defines “funeral establishment” as “a facility licensed under this chapter where a funeral director or embalmer practices funeral directing or embalming.” 8. Collision Family Funeral Home & Cremation Howell Branch Chapel was contacted via telephone to make arrangements for handling the viewing, the memorial service, and the cremation for decedent Mr. Michael Beckham. COUNT ONE 9. The above General Allegations are hereby realleged and fully incorporated herein by reference. 10. On December 11, 2011, Mr. Michael Beckham, the ex-husband of Mrs. Brenda Limardo and the brother of Anthony Scotti, passed away. The immediate family of decedent Michael Beckham resides in New York. li, On December 13, 2011, Mr. Anthony Scotti contacted Collision Funeral Home, via telephone, and spoke to Sara Fredericks, the licensed funeral director in charge for Collison Funeral Home, who told Mr. Scotti that the cremation service package price would be $1,995. The cremation package would include the cremation, the death certificate, cremation fee, medical examiner fee, Deacon fee, and a $210 allowance towards the purchase of an urn. The service for decedent Michael Beckham was scheduled for three hours on December 16, 2011. 12, On December 15, 2011, licensed Funeral Director and Embalmer, Patrick Fulton, " on behalf of Collison Funeral Home, met with Mr. Anthony Scotti, and during this meeting Mr. Fulton told the family the service time had changed from three hours to two hours. Mr. Fulton stated this was changed because they needed to accommodate another service. Mr. Scotti felt he had no other choice but to agree to the time change. Mr. Fulton also stated that the $210 allowance for an urn would not be included because the cremation package was already discounted. While Mr. Scotti was originally told the viewing time would be for one hour, Mr. Fulton indicated it would be only thirty minutes, Again, Mr. Scotti felt he had no choice but to agree to the funeral home’s terms. Thereafter, Mr. Anthony Scotti signed a Statement of Funeral Goods and Services for the memorial service and cremation of his brother and decedent Michael Beckham. 13. Mr. Scotti requested to take his brother’s cremains home with him on his return airline flight to New York on December 17, 2011. Mr. Patrick Fulton, on behalf of COLLISON, charged $1000 for the cost of expediting the cremation. The cost for this service was listed in the Section of Automotive Equipment. The explanation offered by Mr. Fulton for this fee was borne by the cost of taking the body to the crematory, picking the body up from the crematory, and expediting the process. However, this explanation was false. The crematory used by COLLISON did not charge any additional amount for the expedited services, nor did they charge any additional amount for the transportation of the decedent and his remains. 14. The costs on the funeral contract were not the same as were originally represented, and were duplicative in nature. The Statement of Goods and Services Selected signed by Mr. Scotti provides for a Cremation with Memorial Service in the amount of $3,295, and included “basic services of Funeral Director and staff, obtaining death certificate and permit, removal from local home or institution, reftigeration - holding in lieu of embalming, use of facilities and equipment for services, and transportation to/from crematory, cremation fee, plus $1,000 to expedite the cremation and paperwork for cremation” for a total price of $4,295. However, representations were made to Mr. Scotti on December 13, 2011, that he would be charged a total of $1,995 for the cremation package. 15. The funeral contract signed by Mr. Scotti provides the following: Cremation urn, Franklin Cherry (185841) $850 Death Certificate Expedite Fee $75 Funeral Home Fuel Surcharge $95 16. The Death Certificate Expedited fee should have been a part of the additional $1000 cost to Mr. Scotti for the expedited cremation and paperwork. Mr. Scotti was thus charged twice for the same service, Additionally, the Funeral Home Fuel Surcharge is not an additional cost, and should be the cost of a basic cremation service. As a result, Mr. Scotti was again charged twice for the sdme service. Lastly, it was originally represented to Mr. Scotti that he would receive a credit of $210 for the price of the urn, and that credit was not extended to him in the final contract. IT IS THEREFORE CHARGED that PATRICK FULTON has violated or is accountable under the following provisions of the Act which constitute sufficient grounds for discipline, including the suspension or revocation of the Funeral Director and Embalmer License: | (a) Section 497.152(9)(b), Florida Statutes, provides that it is a violation for exercising undue influence on a client for the purpose of financial gain of the licensee or a third party in connection with any transaction regulated by Chapter 497, Florida Statutes. (b) Section 497.152(9)(H, Florida Statutes, provides that it is a violation to directly or indirectly make any deceptive, misleading, or untrue representations, whether oral or written, or employ any trick, scheme, or artifice, in or related to the practice of a profession or occupation regulated under Chapter 497, Florida Statutes, including in the advertising or sale of any merchandise or services related to the practice of the profession or occupation. (c) Section 497.152(4)(h), Florida Statutes, provides that it is a violation to fail to perform any statutory or legal obligation placed upon a licensee. (d) 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. (e) Section 497.152(10)(a), Florida Statutes, provides that it is a violation to make any false or misleading statement of the legal requirement as to the necessity of any particular burial or funeral merchandise or services. WHEREFORE, the Department respectfully requests that the Board enter an order imposing one or more of the following penalties: revocation or suspension of the Funeral Director and Embalmer 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 PATRICK FULTON’S Funeral Director and Embalmer License on probation; assessment of costs associated with investigation and prosecution; requiring PATRICK FULTON 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 maust 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. (ec) 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 ne of (eee mber , 2012. 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 Sth. of De Copnbor , 2012, to: PATRICK FULTON 500 East Airport Boulevard Sanford, Florida 32773 Assistant Gengtal Counsel Fla. Bar No. 230560 Florida Department of Financial Services Division of Legal Services 200 E. Gaines St., Suite 624 Tallahassee, Florida 32399-0390 Phone: (850) 413-4180 Fax: (850) 488-0697 maryk.surles@myfloridacfo.com Counsel for the Department STATE OF FLORIDA DIVISION OF FUNERAL, CEMETERY AND CONSUMER SERVICES IN THE MATTER OF: PATRICK FULTON CASE NO. 125722-12-FC / ELECTION OF PROCEEDING T have received and have read the Administrative Complaint filed by the Florida Department of Financial Services, Division of Funeral, Cemetery and Consumer 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) LO] 3.0] I do not dispute any of the Department’s factual allegations and I do not desire a hearing, I understand that by waiving my tight 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, T 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): [J Submit a written statement and documentary evidence to the Board in lieu of personally attending 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, | 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: 13-000400PL