C) () FILED JUL 21 ap47 uw D CHIEF HINANCIAL OFFICER ocketed by STATE GABON s IN THE MATTER OF: ABBEY AFFORDABLE CREMATION & FUNERAL SERVICES, INC. CASE NO.: 201957-17-FC (License Number: F041472) / ADMINISTRATIVE COMPLAINT The Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services (the Department), files this Administrative Complaint before the Board of Funeral, Cemetery, and Consumer Services (the Board) against Abbey Affordable Cremation & Funeral Services, Inc. (Respondent), and alleges: 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 (2016). 2. At all times material to this Complaint, Respondent was a Florida corporation, licensed in this state to conduct business as a funeral establishment at 12541 B Ulmerton Road in Largo, Florida, and operating under license number F041472. 3. Donald Peter Koma is the sole officer and director of the Respondent and was at all times material to this Complaint acting as the Respondent’s alter ego and as Respondent’s employee. ATN 26994 0) CO 4. Donald Peter Koma was at all times material to this Complaint licensed in this state to conduct business as a direct disposer, having been issued license number F047107. 5. Donald Peter Koma was at no time material to this Complaint licensed in this state to conduct business as a funeral director. 6. Section 497.005(36), Florida Statutes, provides ‘“[fJuneral’ or ‘funeral service’ means the observances, services, or ceremonies held to commemorate the life of a specific . deceased human being and at which the human remains are present.” 7. Section 497.157(1), Florida Statutes, provides “[nJo person or entity shall engage ‘in any activity for which a license is required under this chapter, without holding such licensure in good standing.” 8. The practice of funeral directing is defined by section 497.372, Florida Statutes, to include, inter alia, selling or offering to sell funeral services, embalming, cremation, or other services relating to the final disposition of human remains on an at-need basis. The practice of funeral directing also includes the planning or arranging, on an at-need basis, the details of . funeral services, embalming, cremation, or other services relating to the final disposition of human remains. § 497.372, Fla. Stat. (2016). 9. Section 497.601(2), Florida Statutes, provides that direct disposers may not, in their capacity as direct disposers, sell, conduct, or arrange for burials, funeral services, memorial services, visitations, or viewings. 10. Section 497.380(8), Florida Statutes, provides “[t]he issuance of a license to operate a funeral establishment to a person or entity who is not individually licensed as a funeral director does not entitle that person to practice funeral directing.” 11. On or about March 19, 2016, Donald Peter Koma, without benefit of licensure, ATN 26994 C) C) represented himself as a Florida licensed funeral director to Mr. and Mrs. J.P. and Mr. and Mrs. R.T. by offering to sell, selling, planning, and arranging funeral services for the deceased, P.T. COUNT I 12. The Department realleges and incorporates by reference the allegations set forth in paragraphs one through eleven as if fully set forth herein. 13. Section 497.152(1)(a), Florida Statutes, provides “[vJiolating any provision of this chapter or any lawful order of the board or department or of the statutory predecessors to the board or department” constitutes grounds for discipline. 14. Section 497.152(5)(a), Florida Statutes, provides “[p]racticing or offering to practice beyond the scope permitted by this chapter and rules adopted under this chapter for the type of licensure held or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform” constitutes grounds for discipline. 15. Section 497.152(5)(h), Florida Statutes, provides “[e]ngaging by a direct disposer in the practice of direct burial or offering the at-need or preneed service of direct burial” constitutes grounds for discipline. 16. Section 497.153(7), Florida Statutes, provides “[t]he acts or omissions of any person employed by or under contract to the licensee shall be treated as the acts or omissions of the licensee.” 17. Based upon the foregoing, the Respondent violated sections 497,157(1), and 497.601(2), Florida Statutes, by Donald Peter Koma, in his capacity of direct disposer as well as an officer of the Respondent, meeting with and holding himself out to Florida consumers, without benefit of licensure, as a Florida licensed funeral director by offering to sell, selling, and ATN 26994 () C) arranging funeral services for the deceased P.T. and is therefore subject to discipline pursuant to sections 497.152(1)(a), 497.152(5)(a) and (h), and 497.153(7), Florida Statutes. WHEREFORE, the Department respectfully requests the Board enter an order imposing one or more of the following penalties on Respondent: revocation or suspension of its 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 its license on probation; assessment of costs associated with the investigation and prosecution; 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. DATED and SIGNED this Z\ day of \f , 2017. General Counsel PC Found: 2/14/17 PC Found By: Al Hall, Jean Anderson, Richard Chesler ATN 26994 () C) 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 ATN 26994 C) C) 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. 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 26994 C) 0) STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES OFFICE OF THE GENERAL COUNSEL ABBEY AFFORDABLE CREMATION & FUNERAL SERVICES, INC. CASE NO.: 201957-17-FC (License Number: F041472) 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 I understand my options. Iam requesting disposition of this matter as indicated below. (CHOOSE ONE) 1. [ ] I donot 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. 2. 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 ofa hearing; or {] Personally attend a hearing conducted by the Board at the location of a regularly scheduled Board meeting. 3. [ ] 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. I 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 26994 C) Cy CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished by U.S. Certified Mail, return receipt requested, to: Abbey Affordable Cremations & Funeral Services, Inc., at 12541 B Ulmerton Road, Largo, Florida 33774, and P.O. Box 4190, Seminole, Florida 33775, on this 7 | Fey of Suly 2017. Office of the General Counsel Florida Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4125 © Th 7199 4991 7032 71bs8 1533 AL 7199 4991 7032 71b& 1540 ATN 26994

Docket for Case No: 17-005009