CHIEF FINANCIAL OFFICER JIMMY PATRONIS STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY, AND CONSUMER SERVICES, Petitioner, v. Case No. 221194-18-FC DERRYCK THEODIS RICHARDSON, SR. Respondent. / 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 Derryck Theodis Richardson, Sr. (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. 2. At all times material to this complaint, Respondent was licensed as a funeral director and embalmer, having been issued license number F045502. Respondent is the owner and funeral director in charge of Richardson’s Family Funeral Care, Inc. (the funeral establishment), a Florida incorporated funeral establishment operating under license no. F055378 in Tallahassee, Florida, and under license no. F052127 in Panama City, Florida. Respondent is the ATN 29712 sole officer and director of the funeral establishment and at all times material to this complaint acted as its alter ego. 3. At no times material to this complaint did either Respondent or the funeral establishment hold a valid preneed license pursuant to section 497.452(1)(a), Florida Statutes. COUNTS 1-18 4. The Department realleges and incorporates by reference the allegations set forth in paragraphs one through three as if fully set forth herein. 5. Respondent, through the funeral establishment, cither personally and/or through other employees, made arrangements with North Florida Office of the Public Guardian (NFOPG) for funeral services on a preneed funeral contract and guaranteed the price of funeral services at a future date, on behalf of the 18 Florida consumers listed in the attached Appendix A. 6. Section 497.152(1)(a), Florida Statutes, provides it is a violation to violate any provision of chapter 497, Florida Statutes, or of any lawful order of the board or department. 7. Section 497.152(5)(a), Florida Statutes, provides it is a violation 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.” 8. Section 497.152(11)(d), Florida Statutes, provides it is a violation to guarantee the price of goods or services at a future date without possessing a valid preneed license. 9. Section 497.452(1)(a), Florida Statutes, provides that “[n]o person, including any cemetery exempt under section 497.260, Florida Statutes, may sell, advertise to sell, or make an arrangement for a preneed contract without first having a valid preneed license.” ATN 29712 2 10. Based on the foregoing, Respondent violated section 497.452(1)(a), Florida Statutes, by making arrangements for a preneed funeral contract without holding a valid preneed license and is therefore subject to discipline pursuant to sections 497.152(1)(a) and (5)(a), Florida Statutes. Respondent has also violated section 497.152(11)(d), Florida Statutes, by guaranteeing the price of services at a future date without possessing a valid preneed license and is therefore subject to discipline. COUNTS 19-29 11. The Department realleges and incorporates by reference the allegations set forth in paragraphs one through three as if fully set forth herein. 12. Respondent, through the funeral establishment, either personally and/or through other employees, made arrangements with NFOPG for funeral services on a preneed funeral contract, guaranteed the price of funeral services at a future date, and fulfilled the contracts on behalf of the 11 Florida consumers listed in the attached Appendix B. 13. Section 497.152(1)(a), Florida Statutes, provides it is a violation to violate any provision of chapter 497, Florida Statutes, or of any lawful order of the board or department. 14. Section 497.152(5)(a), Florida Statutes, provides it is a violation 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.” 15. Section 497.152(11)(d), Florida Statutes, provides it is a violation to guarantee the price of goods or services at a future date without possessing a valid preneed license. ATN 29712 3 16. Section 497.452(1)(a), Florida Statutes, provides that “[nJo person, including any cemetery exempt under section 497.260, Florida Statutes, may sell, advertise to sell, or make an arrangement for a preneed contract without first having a valid preneed license.” 17. Based on the foregoing, Respondent violated section 497.452(1)(a), Florida Statutes, by making arrangements for a preneed funeral contract without having a valid preneed license and is therefore subject to discipline pursuant to sections 497.152(1)(a) and (5)(a), Florida Statutes. Respondent has also violated section 497.152(11)(d), Florida Statutes, by guaranteeing the price of services at a future date without possessing a valid preneed license and is therefore subject to discipline. COUNT 30 18. The Department realleges and incorporates by reference the allegations set forth in paragraphs one through three as if fully set forth herein. 19. On December 9, 2016, pursuant to the Consent Order entered in case number 197853-16-FC, Respondent agreed not to violate chapter 497, Florida Statutes, including expressly section 497.452(1)(a), Florida Statutes. 20. Respondent, through the funeral establishment’s Tallahassee business location, either personally and/or through other employees, made arrangements after December 9, 2016, with NFOPG for funeral services on a preneed funeral contract, and guaranteed the price of funeral services at a future date, on behalf of B.J.T. and M.W. 21. Respondent, through the funeral establishment’s Panama City business location, either personally and/or through other employees, made arrangements with Sunrise Community, after December 9, 2016, for funeral services on a preneed funeral contract, and guaranteed the price of funeral services at a future date, on behalf of J.M., R.B., and B.W. ATN 29712 4 22. Based on the foregoing, the Respondent has violated an Order of the Department by violating chapter 497, Florida Statutes and is therefore subject to discipline pursuant to section 497.152(1)(a), Florida Statutes. WHEREFORE, the Department respectfully requests that the Board enter an order imposing any or all of the penalties delineated within section 497.153(5), Florida Statutes, against Respondent and any other relief that the Board is authorized to impose pursuant to the Florida Funeral, Cemetery, and Consumer Services Act. nett DATED and SIGNED this ofS day of amg , 2018. ) = Gud NOS Chasity O’Stee General Couns PC Found: March 13, 2018 PC Found By: Keenan Knopke and Nancy Hubble ATN 29712 5 APPENDIX A COUNT NUMBER CONSUMER CONSUMER DATE INITIALS FOR INITIALS FOR WHOM WHOM RESPONDENT RESPONDENT MADE GUARANTEED ARRANGEMENTS | THE PRICE OF FOR APRENEED | SERVICES ATA CONTRACT FUTURE DATE 1 PAS. PAS. 12/11/2012 2 JJ. JJ. 04/02/2013 3 KC. KC. 02/26/2014 4 C.LT. C.LT. 07/09/2014 5 M.H. MH. 07/24/2014 6 H.A. HLA. 07/24/2015 7 B.S. BS. 10/07/2014 8 iP. LP. 04/22/2015 9 IB. JB. 04/30/2015 10 C.B.G C.B.G. 09/10/2015 11 LR.W LR.W. 10/26/2015 12 LL.M LL.M. 05/11/2016 13 A.M AM. 09/01/2016 14 CB. CB. 09/07/2016 15 LH. LH. 09/07/2016 16 JJ. JJ. 11/09/2016 17 BJT. BJT. 12/16/2016 18 M.W. _| MLW. 2/18/2018 ATN 29712 APPENDIX B ATN 29712 COUNT NUMBER CONSUMER CONSUMER DATE INITIALS FOR INITIALS FOR WHOM WHOM RESPONDENT RESPONDENT MADE GUARANTEED ARRANGEMENTS THE PRICE OF FOR A PRENEED SERVICES AT A CONTRACT FUTURE DATE 19 D.B. D.B. 04/30/2015 20 GC. GC. 02/20/2012 21 T.H. T.H. 05/31/2015 22 Y.M. Y.M. UNKNOWN 23 J.P. JP. 05/29/2015 24 CR. CR. 05/22/2015 25 WS. W.S. 08/31/2016 26 AS. AS. 06/28/2013 27 W.T. W.T. 03/18/2013 28 V.W. V.W. 07/16/2014 [ 29 CW. C.W. 05/10/2016 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 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 ATN 29712 8 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. 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 (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. ATN 29712 9 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES OFFICE OF THE GENERAL COUNSEL DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY, AND CONSUMER SERVICES, Plaintiff, v. Case No. 221194-18-FC DERRYCK THEODIS RICHARDSON, SR. Respondent. ELECTION OF PROCEEDING Ihave 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) 1[] 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. 2 ] 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. 3.[] 1 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. 1 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, I 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 29712 10 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 Respondent Derryck Theodis Richardson, Sr., at P.O. Box 5929, Tallahassee, Florida 4 32314, this x (e “day of , 2018. A 41 2299 9993 7032 7168 5036 (Onn fA Rast Janes A. Bossart Sgnior Attorney Office of the General Counsel Florida Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4124 ATN 29712 11 CERTIFICATE OF SERVICE J 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 Respondent Derryck Theodis Richardson, at 2627 S Adams St, Tallahassee, FL 32301, this 8th day of August, 2018. 44 27199 9991 7032 7168 5048 | VA tn = f es A. Bossart fe Attorney \._/ Office of the General Counsel Florida Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4124 ATN 29712 12

Docket for Case No: 18-006287PL