CHIEF FINANCIAL OFFICER JU JEFF ATWATER N 212013 STATE OF FLORIDA Docketed by IN THE MATTER OF: DELIRIA HOLMES CASE NO. 133746-13-FC : / ADMINISTRATIVE COMPLAINT To: | DELIRIA HOLMES PO Box 927 Haines City, Florida 33845 You, DELIRIA HOLMES, 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 ALL) 1. You, DELIRIA HOLMES, are a licensed Funeral Director and Embalmer (25-00), license number F044909, 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, DELIRIA HOLMES’, licensure and eligibility for licensure as a Funeral Director and Embalmer in this state, as well as the subject matter in this proceeding, 4. On June 10, 2013, a probable cause panel of the Division of Funeral, Cemetery and Consumer Services met and found probable cause for the Department to charge you, DELIRIA HOLMES, with violations of the Act, as alleged in the Division’s investigative file, maintained within the Division records as ATN-19177, and as set forth in this Administrative Complaint. 5. At all times pertinent to the dates and occurrences referred to herein you, DELIRIA HOLMES, were a licensed Funeral Director and Embalmer in this state, and owner and funeral director in charge of Holmes Funeral Directors a licensed funeral establishment (26-00), license number F041651. 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(31), Florida Statutes, defines “embalmer” as “any person licensed under this chapter to practice embalming in this state.” 8 Section 497.380(7), Florida Statutes, required that each licensed funeral establishment to have one full-time funeral director in charge, and provides that “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. COUNT ONE 9. The above General Allegations are hereby realleged and fully incorporated herein by reference, 10. On July 11, 2012, Mr. Robert William Suter passed away. 1. On July 13, 2012, Mr. Richard Alexander, on behalf of Holmes Funeral Directors, took possession of the decedent’s body by receiving it from South Lake Hospital in Orlando, Florida, He subsequently delivered the body to Holmes Funeral Directors, 12, On July 14, 2012, Mrs. Patricia Crespi, the decedent’s sister, made arrangements for the cremation of the body with Holmes Funeral Directors, The decedent’s family neither requested nor authorized services for embalming. An embalming fee was not charged according to the funeral contract entered into between Mrs. Crespi and Holmes Funeral Directors. 13, The decedent’s body was maintained on the funeral establishment premises of Holmes Funeral Directors from July 13, 2012, when his body was received by Mr. Alexander, until July 17, 2012, when the body was taken to Oak Ridge Cremation, a licensed cinerator facility. , 14. Mr. Robert Ragan, an employee of Oak Ridge Cremation Services, LLC, located the decedent’s body in an alternative cremation container, which was accompanied with identifying paperwork, Mr. Ragan opened the box to verify the information on the paperwork and examine the body, The decedent’s body was observed in a white body bag, with a white infant body bag by the knees. Mr. Ragan opened the infant body bag and discovered a red biohazard bag which contained viscera, 15, After a thorough search no identification was found in cither the white body bag or in the red biohazard bag. 16, After discovering the unidentified viscera, the decedent’s body was searched for signs of an autopsy or embalming. The search revealed nothing to indicate that either an embalming or an autopsy had taken place, 17. Holmes Funeral Directors does not have refrigeration on its funeral establishment premises, and uses the refrigeration facility of Oak Ridge Crematory. 18. The decedent’s body was held in place at Holmes Funeral Directors for over 24 hours without being either embalmed or reftigerated as required by Section 497.386(2), Florida Statutes. 19. DELIRIA HOLMES failed to ensure that the decedent’s body was maintained at Holmes Funeral Directors by either refrigeration at a temperature of 40 degrees Fahrenheit or below, or by embalming. , 20. DELIRIA HOLMES failed to treat the decedent’s body with dignity and respect when it allowed unidentified human remains (viscera) to be included in the same alternative cremation container as the body. IT IS THEREFORE CHARGED that you, DELIRIA HOLMES, 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 Funeral Director and Embalmer License: (a) Section 497.386(2), Florida Statutes, which provides that it is a violation to hold a body in any place or in transit for over 24 hours after death or pending final disposition without the body being embalmed or maintained under refrigeration at a temperature of 40 degrees Fahrenheit or below. (b) Section 497.386(4), Florida Statutes, which provides that it is a violation to fail to treat at all times human remains with dignity and respect. (c) Section 497,152(1)(b), Florida Statutes, which 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. (d) Section 497.152(1)(a), Florida Statutes, which provides that failing to comply with any provision of Chapter 497, Florida Statutes, is a violation of the Act. 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; placing the Licensee’s license on probation; assessment of costs associated with investigation and prosecution; requiring you, DELIRIA HOLMES, 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 df your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative eating 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. | i i i | i i i i 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) A Sstatement 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 day of é Utne » 2013. 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 ; ; ye Mail, return receipt requested this zal day of . , 2013, to: DELIRIA HOLMES P.O. Box 927 Haines City, Florida 33845 Assistant Genéral 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 k.surles floridacfo. Counsel for the Department

Docket for Case No: 13-003885PL