FILED FEB O07 2018 ip mae DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY, AND CONSUMER SERVICES, Petitioner, v. Case No. 229748-18-FC CONEY BROTHERS FUNERAL HOME, 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, Ceinetery, and Consumer Services (Board), against Coney Brothers Funeral Home (Respondent) and alleges: 1. The Department and the Board have jurisdiction over Respondent’s license arid 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 establishment (funeral establishment) under chapter 497, Florida Statutes, license number F041925, doing business in Lakeland, Florida. 3 On or about Marchi 3, 2018, P.R., a legally authorized person, express!y ordered Respondent to promptly surrender the human remains of R.R., P.R.’s brother. Respondent ATN 30702 refused to surrender the human remains of R.R. to P.R.’ custody, and continued to hold the remains until the intervention of the Department on April 19, 2018. COUNT I, 4. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through three as if fully set forth herein. 5. Section 497.152(1)(a), Florida Statutes, provides that “[v]iolating any provision of this chapter (497] or any lawful order of the board or department or of the statutory predecessors to the board or department” shall constitute grounds for discipline. 6. Section 497.152(8\b), Florida Statutes, provides “{rjefusing to surrender promptly the custody of a dead human body upon the express order of the legally authorized person to such person’s custody...” shall constitute grounds for discipline. a Based on the foregoing, Respondent failed to surrender promptly the human remains of R.R. upon the express order of a legally authorized person, in violation of section 497.152(8)(b), Florida Statutes, and is therefore subject to discipline pursuant te sections 497.152(1)(a), and 497.152(8)(b), Florida Statutes. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. ATN 30702 WHEREFORE, the Department respectfully requests that the Board enter an order imposing any or all penalties delineated within section 497.153(5), Florida Statutes against Respondent and any other relief the Board is authorized to impose pursuant. to the Florida Funeral, Cemetery, and Consumer Services Act. 2019. DATED and SIGNED this_" |S“ day of Felpruzey 1 (/ If a ae of \ ok a J Pan cx res A. Bossart (: oF dior Attomey Ace of the General Counsel Bonde Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4124 PC Found: January 8, 2019 PC Found By: Keenan Knopke, Tyrone Warden, Jon Thomas, Nancy Hubbell ATN 30702 NOTICE OF RIGHTS The Licensee has the right to request a proceeding to contest this action by the Board pursuant ta 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 teceived by the Department no later than 5:00 p.m. on the twenty-first day after receipt of this notice. Mailing the tesponse 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 thére are none, the petition must so indicate. . (a) 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 4 ATN 30702 which the Board has relied. While a hearing is normally not required in the absence of 4 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 adversatial 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. AlJ 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 attomey will discuss this matter you or your representative during the time frame in which you have to request a hearing. ATN 30702 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES OFFICE OF THE GENERAL COUNSEL DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY, AND CONSUMER SERVICES, Petitioner, ve CONEY BROTHERS FUNERAL HOME, Case No, 229748-18-FC Respondent 1 have cepeived and have read the Administrative Complaint filed by the Florida Department of Financial Services ("Department") against me, inclndjng the Notice of Rights contained therein, and | understand my options. 1am requesting disposition of this smatter as indicated below. (CHOOSE ONE) 1) 1 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 suspénding or revoking my licanse(s) as may be appropriate, 2, I do not dispute uny of the Department's factual allegations and 1 hereby elect a proceeding to be conducted in.accotdance with Sections. | 20.57(2) and 497.153(4)(b), Florida Statutes, In this regard, ! desire to: {) Submit a writton statement and documentary evidence to the Board in liea of a hearing; or t] Personally attend a hearing conducted by the Board at the location of a regularly scheduled Board meeting. uo] J do fispute one os more of the Department's factual allegations. J hereby request 2 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 subparagruph (c} of the Notice of Rights. Specifically, | 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 RECBIPT OF THE ADMINISTRATIVE COMPLAINT. ‘The address for filing is; DFS Agency Clerk, Julie Jones, Flotida Department of Financial Services, 612 Larson Building, 200 East Gainca Street, Tallahassee, Florida 32399-0390. Sigmameres eee ee Print Name: an Date: Address: _ , I a ee me — ee Dato Adininistrative Complaint Received: ar ee _ If you are represented by an attorney or qualifled Phone No. iia iam representative, please attach to this election form his of her name, address, telephone and fax numbers Fax Noo ee el -" ATN 30702 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, this "TY \tay of Februar, 2019, to Coney Brothers Funeral Home at 1404 Martin Luther King Blvd, Lakeland, Florida 33805. f Th. SO re el “eax SS (inks A. Bossart Senior Attommey Office of the General Counsel Florida Department of Financial Services 200 Hast Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4124 ATN 30702

Docket for Case No: 19-001372