FILED MAY 19 2016 Docketed by. CHIEF FINANCIAL OFFICER JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: RANDY D. STRAGHN CASE NO.: 184682-16-FC (License Number: F046685) / ADMINISTRATIVE COMPLAINT The Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services (“Department”), files this Administrative Complaint before the Board of Funeral, Cemetery, and Consumer Services (“Board”) against Randy D. Straghn (“Respondent”) and alleges: ALLEGATIONS 1. The Department and Board have jurisdiction over Respondent’s license and the subject matter of this proceeding pursuant to section 20.121 and chapter 497, Florida Statutes (2015). 2. At all times material to this complaint, Respondent was licensed as a funeral director and embalmer, having been issued license number F046685 (“License”). 3. At all times material to this complaint, Respondent was the funeral director in charge (“FDIC”) of Straghn & Son Tri-City (“Straghn & Son”), a licensed funeral establishment operating under license number F0407872. 4. At all times material to this complaint, Straghn & Son was located at 26 SW 5h Avenue, Delray Beach, Florida 33444. ATN 25542 1 5. Section 497.380(7), Florida Statutes, provides, inter alia, that the FDIC of a funeral establishment 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. 6. Rule 69K-21.007(3), Florida Administrative Code, provides, inter alia, that the full-time FDIC of a funeral establishment shall be responsible for making sure the funeral establishment and all persons employed in the establishment comply with all applicable laws and tules of the Board. 7. On or about September 16, 2015, Department Investigator Miriam DelValle conducted a routine inspection of Straghn and Son, pursuant to section 497.380(10), Florida Statutes, and Rule 69K -21.002, Florida Administrative Code. 8. The inspection revealed that Respondent’s displayed license had no photograph affixed to it. 9. The inspection revealed that Straghn & Son failed to maintain monthly Bodies Handled reports from March 1, 2015, through the date of the investigation. 10. The inspection revealed that Straghn & Son failed to display the name of its full- time FDIC at the public entrance of the establishment. 11. During the inspection, Respondent was unable to produce a printed or typewritten list specifying the range of retail prices for burial rights, burial or funeral merchandise, or burial or funeral services and admitted that the establishment used a statement of goods and services rather than a general price list. 12. The inspection revealed that Straghn & Son failed to adopt and implement standards for the proper investigation and resolution of claims and complaints it received relating to its activities regulated by chapter 497. ATN 25542 2 COUNT I 13. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through eight as if fully set forth herein. 14. Section 497.380(15), Florida Statutes, provides as follows: (a) A funeral establishment and each funeral director and, if applicable, embalmer employed at the establishment must display their current licenses in a conspicuous place within the establishment in such a manner as to make the licenses visible to the public and to facilitate inspection by the licensing authority. (b) Each licensee shall permanently affix a photograph taken of the licensee within the previous 6 years to each displayed license issued to that licensee as a funeral director or embalmer. 15. Rule 69K-21.005(4), Florida Administrative Code, provides “{t]he photograph attached to the license pursuant to Sections 497.380(15) ..., F.S., shall be approximately two inches by two inches, not more than 6 years old, and permanently affixed to the displayed license.” 16. Based on the foregoing, Respondent violated section 497.380(15)(b), Florida Statutes, and Rule 69K-21.005(4), Florida Administrative Code, by failing to permanently affix a two-inch by two-inch photograph of himself taken within the previous six years to his displayed license, and is therefore subject to discipline pursuant to section 497.152(1)(a), Florida Statutes. COUNT II 17. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through six and nine as if fully set forth herein. ATN 25542 3 18. Section 497.382(1), Florida Statutes, provides as follows: Each funeral establishment . . . shall record monthly on a form prescribed and furnished by the licensing authority the name of the deceased and such other information as may be required by rule with respect to each dead human body embalmed or otherwise handled by the establishment or facility. Such forms shall be signed monthly by the embalmer who performs the embalming, if the body 1s embalmed, and the funeral director in charge of the establishment or facility or by the direct disposer who disposes of the body and shall be maintained at the business premises of the establishment or facility for inspection by division staff. 19. Rule 69K-20.001, Florida Administrative Code, provides that each funeral establishment shall each month complete form DFS-N1-1751, “Funeral Establishment/Monthly Report of Cases Embalmed or Bodies Handled,” Rev. 10-06, and shall retain each such completed form in its records at its licensed business premises, for inspection by Division staff, for 36 months after the month to which the form relates. 20. Based on the foregoing, Respondent violated section 497.382(1), Florida Statutes, and Rule 69K-20.001, Florida Administrative Code, by failing to sign as FDIC monthly Bodies Handled reports and by failing to ensure Straghn & Son maintained monthly Bodies Handled reports, and is therefore subject to discipline pursuant to section 497.152(1)(a), Florida Statutes. COUNT III 21. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through six and ten as if fully set forth herein. 22. Section 497.380(14), Florida Statutes, provides that “[e]ach funeral establishment must display at the public entrance the name of the establishment and the name of the full-time funeral director in charge.” 23. Rule 69K-21.003(8), Florida Administrative Code, provides that “[e]ach funeral establishment shall display at the public entrance the name of the establishment and the name of the full time funeral director in charge.” ATN 25542 4 24. Based on the foregoing, Respondent violated section 497.380(14), Florida Statutes, and Rule 69K-21.003(8), Florida Administrative Code, by failing to ensure Straghn & Son displayed the name of the full time FDIC at the public entrance of the establishment and is therefore subject to discipline pursuant to section 497.152(1)(a), Florida Statutes. COUNT IV 25. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through six and eleven as if fully set forth herein. 26. Section 497.152(12)(b), Florida Statutes, provides that the following constitutes grounds for discipline: Failing to furnish, for retention, to anyone who inquires in person about burial rights, burial or funeral merchandise, or burial or funeral services, before any discussion of selection, a printed or typewritten list specifying the range of retail prices for such rights, merchandise, or services. At a minimum, the list shall itemize the highest and lowest priced product and service regularly offered and shall include the name, address, and telephone number of the licensee and statements that the customer may choose only the items the customer desires, that the customer will be charged for only those items selected, and that there may be other charges for other items or other services. 27. Based on the foregoing, Respondent violated section 497.152(12)(b), Florida Statutes, by failing to ensure that Straghn & Son furnished to anyone who inquired in person a printed or typewritten list specifying the range of retail prices for burial rights, burial or funeral merchandise, or burial or funeral services. COUNT V 28. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through six and twelve as if fully set forth herein. ATN 25542 5 29. Section 497.152(14)(a), Florida Statutes, provides “[fJailing to adopt and implement standards for the proper investigation and resolution of claims and complaints received by a licensee relating to the licensee’s activities regulated by this chapter [497]” is grounds for disciplinary action. 30. Based on the foregoing, Respondent violated section 497.152(14)(a), Florida Statutes, by failing ensure that Straghn & Son adopted and implemented standards for the proper investigation and resolution of claims and complaints it received relating to its activities regulated by chapter 497. WHEREFORE, the Department respectfully requests that the Board enter an order imposing one or more of the following penalties on Respondent: revocation or suspension of his license; imposition of an administrative fine not to exceed five thousand dollars ($5,000.00) for each count or separate offense; issuance of a written reprimand; placement of his license on probation; assessment of costs associated with the investigation and prosecution; requiring him 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 Florida Funeral, Cemetery, and Consumer Services Act. D this [GV 0 May , 2016. | [buy = / Deputy Chief Financial Officer PC Found: PC Found By: ATN 25542 6 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 (2015), 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 THE 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. (e) 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. ATN 25542 7 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. 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 you or your representative during the time frame in which you have to request a hearing. ATN 25542 8 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: RANDY D. STRAGHN CASE NO.: 184682-16-FC (License Number: F046685) ELECTION OF PROCEEDING I 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 J understand my options. I am requesting disposition of this matter as indicated below. (CHOOSE ONE) 1f] 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 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. I 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: {) 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. I do dispute one or more of the Department's factual allegations. 1 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, 1 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: 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 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.: ATN 25542 9 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 ]G th day of , 2016, to: Randy D. Straghn, Respondent, at 26 SW 5” Avenue, Delray Beach, Florida 33444-2512. Fl 7199 9991 7032 71b8 3285 {} Deirdre Av Farri eton ~ Assistant Genera! unsel Division of LegaMSérvices Florida Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4269 Deirdre.Farrington@myfloridacfo.com Florida Bar No. 488690 ATN 25542 10

Docket for Case No: 16-003671PL