From: ‘) oye’ 09:26 #156 P.005/013 FILED MAY 15 2013 Docketed by MAE __ CHIEF FINANCIAL OPPICER : JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: ALL POINTS REMOVAL SERVICE, LLC CASE NO.: 130794-13-FC / ADMINI TIVE COMPLAIN To: ALL POINTS REMOVAL SERVICE, LLC 213 Hartford Avenue , Daytona Beach, Florida 32118 ALL POINTS REMOVAL SERVICE, LLC, is hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of its activities while licensed as a removal service facility in this state, and as a result of such investigation it is hereby alleged: GENERAL ALLEGATIONS 1, ALL POINTS REMOVAL SERVICE, LLC, is licensed as a removal service facility in this state, having been granted license number F040067. 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 which includes the operations of removal service facilities in Florida, From: ° 07/02/9013 09:17 #155 P.010/016 3. Pursuant to the Act, the Department has jurisdiction over the removal facility _license issued to ALL POINTS REMOVAL SERVICE, LLC. 4, On April 29, 2013, a probable cause panel of the Department’s Division of Funeral, Cemetery and Consumer Services met and found probable cause to charge ALL POINTS REMOVAL SERVICE, LLC, as a licensed removal service facility in Florida, with violations of Florida law and violations of the Act, as alleged in the Division’s investigative report number SR #: ATN-17524 and as further alleged in this Administrative Complaint. 5. At all times pertinent to the dates and occurences referred to herein, ALL POINTS REMOVAL SERVICE, LLC, located at 213 Hartford Avenue, Daytona Beach, Florida, was a licensed removal facility doing business in Florida, 6. ALL POINTS REMOVAL SERVICE, LLC, is responsible for removal of dead human remains to various establishments, facilities, or locations. COUNT ONE 7. The above General Allegations are hereby re-alleged and fully incorporated __ herein by reference, 8, On or before October 5, 2011, ALL POINTS REMOVAL SERVICE, LLC, was responsible for and delivered the body of a deceased male named Roy Lamond to a crematorium. 9. While ALL POINTS REMOVAL SERVICE, LLC, was in the possession of the body of the decedent, a representative of ALL POINTS REMOVAL SERVICE, LLC, wrote the last name of the decedent on the decedent’s left leg with indelible ink, using black magic marker. ' This was done purportedly to identify the body of the decedent, 10. It was determined that ALL POINTS REMOVAL SERVICE, LLC, failed to place any identification tag on the ankle or wrist of the deceased before the deceased was removed from the place of death or other location. ™ + : 011/016 From: ) 07/0? y° 09:17 #155 P.01 ll. A representative of ALL POINTS REMOVAL SERVICE, LLC, admitted that —---_— employees. of ALL-POINTS-REMOVAL SERVICE, LLC, were using Magic Marker to idatitify the bodies of decedents, and that they were responsible for the magic marker writings on the body of Roy Lamond. 12, The same representative acknowledged that employees failed to place an identification tag on the deceased before the decedent’s remains were transported. . 13, By using Magic Marker on the leg of a decedent, ALL POINTS REMOVAL SERVICE, LLC, has failed to treat dead human bodies with proper dignity and respect. IT IS THEREFORE CHARGED that ALL POINTS REMOVAL SERVICE, LLC, has violated the following provisions of the Act which constitute sufficient grounds for discipline, including the suspension or revocation of its license as a removal service facility: . (a) Section 497.152(1)(a) Florida Statutes, which provides that it is a violation of Florida law to fail to comply with any provision of Chapter 497; (b) Section 497.152(1)(b), Florida Statutes, which provides that committing any act of negligence, incompetency or misconduct in the practice of any activities regulated by Chapter 497 is a violation of Florida law; (c) Section 497.152(8)(a), Florida Statutes, which provides that any violation of state law or rule affecting the handling, custody, care or transportation of dead human bodies is a violation of Florida Law; (d) Section 497.386(4), Florida Statutes, which requires all licensees at all times to treat all dead human bodies with dignity and respect; and (e) Section 497.171(1)(@), Florida Statutes, which provides that any . licensee responsible for removal of dead human remains to any establishment, facility, or location shall ensure that the remains are identified by a tag or other means of identification that is affixed to | From: ) a i 09:26 #156 P.008/013 ~ the ankle or wrist of the deceased at the time the remains are removed from the place of death or other location. COUNT. TWO 14. The above General Allegations are hereby re-alleged and fully incorporated herein by reference, 15. According to official corporate records maintained by the Florida Department of State, Division of Corporations, the last time ALL POINTS REMOVAL SERVICE, LLC, was properly registered to transact business in Florida was on September 25, 2009, when the Division of Corporations filed its notice of administrative dissolution of ALL POINTS REMOVAL SERVICE, LLC, for failure to file the required annual report for calendar year 2009, 16. ALL POINTS REMOVAL SERVICE, LLC, failed to file an ‘annual report with the Florida Department of State, Division of Corporations, for calendar year 2009. IT IS THEREFORE CHARGED that ALL POINTS REMOVAL SERVICE, LLC, has violated the following provisions of Florida law which constitute sufficient grounds for discipline, including the suspension or revocation of its license as a removal service facility: (a) Sections 608.4511 and 608.452, Florida Statutes, which require every limited liability company doing business in Florida to deliver to the Department of State for filing a sworn annual report on such forms as the Department of State prescribes; (b) — Section 497,152(4)(h), Florida Statutes, which provides that it is a violation to fail to comply with any statutory or legal obligation placed upon a licensee; and (c) ~ Section 497,152(1)(a), Florida Statutes, which provides that it is a violation of Florida law to fail to comply with any provision of Chapter 497. From: ) oye 09:27 #156 P.009/013 - WHEREFORE, the Department respectfully requests that the Board enter an order imposing one or more of the following penalties: revocation or suspension of the license of ALL ‘POINTS REMOVAL SERVICE, LLC; 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 the license on probation; assessment of costs associated with investigation and prosecutions requiting restitution to be made; 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 tothe Act. NOTICE OF RIGHTS Pursuant to Sections 120.569 and 120,57, Florida Statutes, and Rule 28-106, Florida Administrative Code, ALL POINTS REMOVAL SERVICE, LLC, has the right to Tequest a proceeding to contest this action by the Department of Financial Services ("Department"), The proceeding request must be in writing, signed by a representative of ALL, POINTS REMOVAL SERVICE, LLC, and must be filed with the Department within twenty-one (21) days of 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. The written response must be received by the Department no later than 5:00 p.m, on the twenty-first day after receipt of this notice. Mailing the response on the twenty-first day will not preserve the right to a hearing. FAILURE TO RESPOND IN WRITING WITHIN TWENTY- ONE (21) DAYS OF RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF THE RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST ALL POINTS REMOVAL SERVICE, LLC. From: )y vy" 09:27 #156 P.010/013 re If_a proceeding is requested,. information must be. provided that complies..vwith. 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, the 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, ALL POINTS REMOVAL SERVICE, LLC, is 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) Astatement 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, ALL POINTS REMOVAL SERVICE, LLC, has the right to be represented by counsel or other qualified: representative at its 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. A written statement and documentary evidence may be submitted to the Board in lieu of a hearing, or a representative of ALL POINTS REMOVAL SERVICE, LLC, may personally attend a hearing conducted by the Board at the location of a regularly scheduled Board meeting, 6 From: ) ony” 09:27 #156 P.011/013 However, if the material facts that are the basis for the Department’s action are disputed, 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 the 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 a representative of the Licensee until the response has been received by the Department. DATED and SIGNED this f {day of May, 2013, T/Paul Whitfield, Jr. Deputy Chiefrinancial Officer From: ‘) oye 09°27 #156 P.012/013 CERTIFICATE OF SERVICE COMPLAINT and ELECTION OF PROCEEDING FORM has been furnished by U.S. Certified Mail, return receipt requested, on this \ gh, of May, 2013 to the following: ALL POINTS REMOVAL SERVICE, LLC 92 7299 4991 7030 5h51 1000 213 Hartford Avenue ae Daytona Beach, Florida 32118 TERRY PENN, MANAGING MEMBER 4h 7249 FL 7030 565% 0573 ALL POINTS REMOVAL SERVICE, LLC 213 Hartford Avenue Pac Dbzel fhe. I BRUCE ALEXANDER MINNICK Daytona Beach, Florida 32118 Senior Attorney Florida Bar No, 250295 Florida Department of Financial Services 200 E. Gaines St., Suite 623-A . Tallahassee, FL 32399-0390 Phone (850) 413-3110 Counsel for the Department of Financial Services

Docket for Case No: 13-003719