FILED JUN 102 CHIEF ENANCIAE OFICER TELMnOFMORIOR® Docketed by IN THE MATTER OF: CASE NO.: 161118-14-FC - | JOHN EDGLEY (License Number: F042261) ee ADMINISTRATIVE COMPLAINT TO: JOHN EDGLEY c/o JOHN RUDOLPH 207 WEST PARK AVENUE, SUITE B TALLAHASSEE, FL 32302 John Edgley (the “Licensee”), is hereby notified that the Division of Funeral, Cemetery, and Consumer Services (the “Division”) has directed an investigation in connection with the license issued to the Licensee to operate as a funeral director and embalmer. The allegations below are based on the investigation. . GENERAL ALLEGATIONS 1. The Board of Funeral, Cemetery, and Consumer Services (the “Board”), created within the Division, and the Department of Financial Services (the “Department”) have jurisdiction over the Licensee’s funeral director and embalmer license and the subject matter of this proceeding, pursuant to the provisions of section 20.121, and chapter 497, Florida Statutes (2014). * Unless otherwise specified, all statutory references are to the 2014 version of Florida Statutes. 2. The Board has the authority to determine through probable cause panels whether probable cause exists to demonstrate a violation of chapter 497, Florida Statutes, and whether a proposed administrative prosecution of a licensee shall go forward, pursuant to sections 497.103(1)(v) and 497.153(3), Florida Statutes. - 3. __ Aprobable cause panel on February 24, 2015, found probable cause to charge the Licensee with violations of chapter 497, Florida Statutes, and chapter 69K, Florida Administrative Code, and directed the Department to prosecute the matter. 4. At all times relevant to the allegations of this Administrative Complaint, the Licensee was licensed as a funeral director and embalmer, license number F042261, pursuant to the provisions of chapter 497, Florida Statutes. 5, At all times relevant to the allegations of this Administrative Complaint, the Licensee was located at 4128 Westroads Drive, Riviera Beach, FL 33407. 6. At all times relevant to the allegations in this Administrative Complaint, the Licensee was the owner of Edgley Crematory d/b/a Edgley Cremation Services (hereinafter “Edgley Cremation”). 7. At all times relevant to the allegations in this Administrative Complaint, Edgley Cremation was licensed as a direct disposal establishment, license number F052579, pursuant to the provisions of chapter 497, Florida Statutes. 8. Pursuant to section 497.005(25), Florida Statutes, a direct disposal establishment means a facility licensed under chapter 497 where a direct disposer practices direct disposition. 9. Pursuant to section 497.005(26), Florida Statutes, a direct disposer means any person licensed under chapter 497 to practice direct disposition in this state. (10. Pursuant to section 497.005(40), Florida Statutes, “license” includes all authorizations required or issued under chapter 497, except where expressly indicated otherwise, and shall be understood to include authorizations previously referred to as registrations or certificates of authority in chapters 470 and 497 as those chapters appeared in the 2004 edition of the Florida Statutes. 11. Pursuant to section 497.005(41), Florida Statutes, “licensee” means the person or entity holding any license or other authorization issued under chapter 497, except where expressly indicated otherwise. 12. Pursuant to section 497.153(7), Florida Statutes, the acts or omissions of any person employed by or under contract to the licensee shall be treated as acts or omissions of the licensee. COUNTI 13. The above General Allegations are restated as is fully set forth herein. 14. _ The Division conducted a complaint investigation into the practices at Edgley Cremation. 15. The Division determined that the Licensee entered into multiple contracts for cremation services with consumers between May 10" and 15", 2014. 16. The Licensee provided obituaries for the consumers in the Palm Beach Post between May 10" and 15", 2014. 17. The Licensee requested placement of the obituaries for the consumers. 18. The obituaries placed in the Palm Beach Post included the name of Edgley Cremation. 19. Edgley Cremation does not hold a funeral establishment license in the State of Florida, 20. In order to place the establishment’s name in the obituaries, Edgley Cremation must hold a Division issued furieral establishment license. 21. The Licensee, in his capacity as a direct disposer, may not list the name of Edgley Cremations on obituaries where a memorial, graveside, or funeral services is to be conducted. IT IS THEREFORE CHARGED that John Edgley has violated one or more of the following provisions of the Florida Statutes, which constitutes sufficient grounds for the suspension or revocation of its license as a funeral director and embalmer in this state: (a) Section 497,152(1)(a), Florida Statutes, which provides that it is a violation to fail to comply with any provision of chapter 497 or any lawful order of the board or department or of the statutory predecessors to the board or department. (b) — 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. (ce) — Section 497.601(1)(c), Florida Statutes, which provides those individuals licensed as direct disposers may perform only those functions set forth: obtain the necessary permits for direct disposition and arrange for obituaries and death notices to be placed in newspapers; provided, however, that the name of the direct disposal establishment may not appear in any death notice or obituary if any funeral service, memorial service, or graveside service is to take place and such service is mentioned in the death notice or obituary. ‘() Section 497.601(2), Florida Statutes, which provides direct disposers or funeral directors functioning as direct disposers may not, in their capacity as direct disposers, sell, conduct, or arrange for burials, funeral services, memorial services, visitations, or viewings; hold themselves out to the public as funeral directors; or use any name, title, or advertisement that may tend to connote that they are funeral directors. These prohibitions shall apply regardless of the fact that such individuals may be licensed as funeral directors. WHEREFORE, the Department respectfully requests the Board enter an order imposing one or more of the following penalties upon John Edgley: revocation or suspension of 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 John Edgley on probation; assessment of costs associated with investigation and prosecution; requirement that John. Edgley make restitution; and/or such other penalty or condition as Ay authorized under section 497.153(5), Florida Statutes, DATED and SIGNED this | 0! day of _ ¢ Lune 2 : , 2015. NOTICE OF RIGHTS The Licensee has the right to request a proceeding to contest this action by the 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 a representative for the Licensee, 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 the Department Agency Clerk, Julie Jones, Florida Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0390. The Licensee’s 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. If the Licensee requests a proceeding, information must be provided 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, 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 the Licensee 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) _ 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 the Licensee has the right to be represented by counsel or other qualified representative at its own 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. Oral or written evidence may be submitted 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 the Licensee feels that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon request. However, if the Licensee disputes material facts which are the basis for the Board’s action, an adversarial proceeding must be requested 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. 7 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 Tequest 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 (2014), is not available. No Department attorney will discuss this matter with you or your representative during the time frame in which you have to request a hearing. STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: John Edgley CASENO.: —-161118-14-FC (License Number: F042261), . an a oe ELECTION OF PROCEEDING John Edgley (the “Licensee”) has received and has read the Administrative Complaint filed by the Florida Department of Financial Services (the "Department") against it, including the Notice of Rights contained therein, and understands the options. The Licensee is requesting disposition of this matter as indicated below. (CHOOSE ONE) i.) 3.0] The Licensee does not dispute any of the Department's factual allegations and does not desire a hearing. It is understood that by waiving the 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 the Licensee’s license(s) as may be appropriate. The Licensee_does not dispute any of the Department's factual allegations and hereby elects a proceeding to be conducted in accordance with ss. 120.57(2) and 497.153(4)(b), Florida Statutes. In this regard, the Licensee desires to: [} 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. The Licensee does dispute one or more of the Department's factual allegations, and hereby requests a hearing pursuant to section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings, Attached to this election form is the information required by Rule 28-106,2015, Florida Administrative Code, as specified in subparagraph (c) of the Notice of Rights. Specifically, disputed issues of material fact have been identified in the response attached hereto. TO PRESERVE THE RIGHT TO A HEARING, A RESPONSE MUST BE FILED WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF 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 RECEIPT OF THE ADMINISTRATIVE COMPLAINT, The address for filing is: DFS Agency Clerk, Julie Jones, 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 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.: 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 lo May of jvee , 2015, to: -JOHN EDGLEY. Be - Fo c/o JOHN RUDOLPH 207 WEST PARK AVENUE, SUITE B TALLAHASSEE, FL 32302 Linje Rivers Florida Departthent of Financial Services 200 E. Gaines St, 6" Floor Tallahassee, FL 32399-0390 Phone (850) 413-4230 Fax: (850) 488-0697 Counsel for the Department 10

Docket for Case No: 15-004431PL