FILED SEP 2 2016 [ DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY AND CONSUMER SERVICES, Petitioner, vs. Case No,; 223491-18-FC VANGIE SCOTT, Respondent, / ADMINISTRATIVE COMPLAINT VANGIE SCOTT PO Box 558 Monticello, Florida 32345 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 Vangie Scott (“Respondent”) and alleges: GENERAL 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. 2. Respondent is currently licensed as a funeral director and embalmer, license number F044038 (“License”). 3. The Department granted Respondent's License on March 30, 2005. 4. Respondent’s License expired on August 31, 2007. Respondent renewed her License on November 8, 2007. ATN No.: 30639 5. Respondent’s License expired August 31, 2009. Respotident renewed her License October 11, 2010. 6. Respondent’s License expired August 31, 2011. 7. On January 16, 2013, in the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida, in case number 12CF03953, Respondent entered a plea of nolo contendere to one count of grand theft, a felony. The court withheld an adjudication of guilt against Respondent and sentenced her to twenty-four (24) months probation. 8. On or about March 31, 2014, Respondent submitted documentation to the Department for renewal of her License. The licensure renewal documentation asks the question: “Has the licensee been convicted of, pled no contest to, or pled guilty to, any crime required to be reported pursuant to s. 497.142(10), which crime has not previously been reported to the Division?” 9. Respondent answered the question regarding her felony criminal history in the negative. 10. Respondent did not inform the Department of her plea in case number 12CF03953 prior to renewing her License on March 31, 2014. LOUNTI 11. The allegations contained in paragraphs one through ten are realleged and incorporated by reference as if fully set forth herein. 12. Section 497.142(10)}(c)2., Florida Statutes, provides in relevant part, that any felony crime cothmitted within the twenty (20) years preceding an application urider chapter [497] must be reported to the Department. ATN No.: 30639 2 13. Section 497.152(1)(a), Florida Statutes, provides it is a violation for 2 licensee to violate any provision of chapter 497, Florida Statutes, or any lawful order of the Board or Department. 14. Section 497.152(4)(h), Florida Statutes, provides that failing to perform any statutory of legal obligation placed upon the licensee constitutes a disciplinary offense. 15. Based on the foregoing, Respondent violated section 497.142(10)(c)2., Florida Statutes, by failing to disclose her plea in case number 12CF03953 on her license renewal documentation and is therefore subject to discipline pursuant to section 497.152(1)(a) and (4)(h), Florida Statutes. 16. The allegations contained in ‘paragraphs one through ten are realleged and incorpofated by reference as if fully set forth herein. 17. Section 497.152(1)(a), Florida Statutes, provides it is a violation for a licensee to violate any provision of chapter 497, Florida Statutes, or any lawful order of the Board or Department. 18. Section 497.152(2), Florida Statutes, provides that it is a violation for a licensee to be convicted or found guilty of, or to enter a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction that relates to the practice of, or the ability to practice, a licensee’s profession under chapter 497, Florida Statutes. 19. Section 497,152(4)(e), Florida Statutes, provides it is a violation to knowingly conceal information relative to violations of chapter 497, Florida Statutes. ATN No.: 30639 3 20. Based on the foregoing, Respondent violated section 497,152(2) and (4)e), Florida Statutes, by concealing her plea to an offense that relates to her ability to practice her profession as a licensee under chapter 497, Florida Statutes, and is therefore subject to discipline pursuant to section 497.152(1)(a), Florida Statutes. WHEREFORE, the Department respectfully requests the Board enter an order imposing any or all 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. me sionen wis SID srt = TEMSER 2018, ee ee WOO sf Chasity H. O’Stéeh General Counsel! xy a“ PC Found: June 27, 2018 PC Found By: Jean Anderson and Tracy Huggins ATN No.: 30639 4 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 proceédifig 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 geceived 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 your 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: (@) The name, address, 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, and 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 heating 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 of the administrative complaint. Ifa hearing of ahy 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-exathine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. ATN No.: 30639 5 Ifa 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 @ 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, is not available. No Department attorney will discuss this matter with you during the time frame in which you have to request a hearing. . ATN No.: 30639 6 ACER’ OE,SERVICE, I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint and Election of Proceeding has been ished to: Van ie Bonkt, at P O Box 558, Monticello, Florida 32345 by Certified Mail this p> day of Quite : , 2018. Department of Financial Services Office of the General Counsel 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4140 Marshawn. griffin@myfloridacfo.com ATN No.: 30639 7 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY AND CONSUMER SERVICES, Petitioner, CASE NO.: 223491-18-FC vs. VANGIE SCOTT, ! ELECTION OF PROCEEDING, 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. 7 am requesting disposition of this matter as indicated below. (CHOOSE ONE) LE] I donot dispute any of the Department's factual allegations and I do not desire a hearing. Tunderstand that by waiving my right to a hearing, the Department may enter a final arder that adopts the Administietive Complaint and imposes the sanctions sought, including suspending or revoking my licenses and appointments as may be appropriate. __ 2. 1 do not dispute any of the Department's factual allegations and | hereby elect a proceeding to be conducted in accordance with section 120.57(2), Florida Statutes. In this regard, I desire to (CHOOSE ONE): t) Submit a written statement and documentary evidence in lieu of a hearing; or [) Personally attend a hearing conducted by a department heating officer m Tallahassee; or ie] Attend that same heating by way of a telephone conference call. 3.E] I do dispute one or more of the Department's factual allegations. J 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 tha information required ‘by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (0) of the Notice of Rights. Specifically, I have identified the disputed i issues of material fact. 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, BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ASTRA’ COMPLAINT. The address for filing is: Julie Jones, DFS Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahasste, Florida 32399-0390. Sigaatare Date; aa +: 3 2 = ee Address... -__ Date Administuative ieee _ Complaint Received: 2 Myon are represented by an attorney or qualified Phone No.: =~ - ——— representative, please attach to this clection form his oF her name, address, telephone and fax numbers Fax No. —- — - ATN No.: 30639 8

Docket for Case No: 19-003463PL