FILED FEB 1 4 2020 Docketed by | 4 | CHIEF FINANCIAL OFFICER ; JIMMY PATRONIS STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY AND CONSUMER SERVICES, Petitioner, vs. Case No.: 243643-19-FC MARION GRAHAM MORTUARY, Respondent. / ADMINISTRATIVE COMPLAINT MARION GRAHAM MORTUARY 1504 GANDY ST JACKSONVILLE, FLORIDA 32208-3157 MARION GRAHAM MORTUARY 1504 GANDY STREET JACKSONVILLE, FLORIDA 32208-1164 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 Marion Graham Mortuary (“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 Establishment, license number F040391 (“License”). ATN-32444 3. At all times pertinent to the dates and occurrences referred to herein, Respondent was licensed in this state as a funeral establishment. 4. At all times pertinent to the dates and occurrences referred to herein, Marion Graham, Jr. was registered with the Department as Respondent’s owner. 5. Marion Graham, Jr., died on February 11, 2018. 6. Respondent has been licensed as a funeral establishment since on or about July 11, 1984. 7. Pursuant to section 497.380(5), Florida Statutes, funeral establishments are required to renew their licenses biennially. 8. Respondent’s license expired on November 30, 2018. 9. Respondent renewed their license on January 18, 2019. 10. On or about January 11, 2019, the Department conducted an inspection of Respondent. 11. The Department’s inspection revealed that Respondent handled four (4) bodies while Respondent’s license was expired. 12. The inspection revealed that Respondent had a plastic container in its prep room. The plastic container was filled with embalming fluid and contained the human remains of a baby. Respondent has had custody of the remains since 2014. COUNT I 12. Theabove general allegations are realleged and incorporated by reference as if fully set forth herein. ATN-32444 2 13. Pursuant to section 497.152(5)(b), Florida Statutes, it is a violation for a licensee to practice or attempt to practice conduct regulated by chapter 497, Florida Statutes, while holding a revoked, suspended, inactive, or delinquent license. 14. Section 497.380(3), Florida Statutes, provides that “no person may conduct, maintain, manage, or operate a funeral establishment unless a funeral establishment operating license has been issued under this chapter [497] for that funeral establishment.” 15. Based on the foregoing, Respondent violated sections 497.152(5)(b) and 497.380(3), Florida Statutes by operating a funeral establishment without holding a valid license and is therefore subject to discipline, COUNT JI 16. The above general allegations contained in paragraphs one through three, ten, and twelve are realleged and incorporated by reference as if fully set forth herein. 17. Section 497.386(4), Florida Statutes, provides, “[t]he licensing authority shall establish by rule the minimal standards of acceptable and prevailing practices for the handling and storing of dead human bodies, provided that all human remains transported or stored must be completely covered and at all times treated with dignity and respect.” 18. Based on the foregoing, Respondent violated section 497.386(4), Florida Statutes, by failing to store human remains with dignity and respect and is therefore subject to discipline. COUNT II 19. The above general allegations contained in paragraphs one through five, and ten are realleged and incorporated by reference as if fully set forth herein. 20. Respondent failed to notify the Department about a change in its ownership. ATN-32444 3 21. Pursuant to section 497.152(1)(a), Florida Statutes, it is a violation to violate “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.” 22. Section 497.380(12)(a), Florida Statutes, provides, “[a] change in ownership of a funeral establishment shall be promptly reported pursuant to procedures established by rule and shall require the relicensure of the funeral establishment, including reinspection and payment of applicable fees.” 23. Based on the foregoing Respondent violated sections 497.152(1)(a) and 497.380(12)(a), Florida Statutes, by failing to report a change in its ownership and is therefore subject to discipline. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. ATN-32444 4 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. DATED and SIGNED this IF day of Fibre _, 2020. Marshawn Michael Griffin Senior Attorney Department of Financial Services Office of the General Counsel 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4141 Marshawn. griffin@myfloridacfo.com PC Found: PC Found By: ATN-32444 5 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 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: (a) 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 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 of the administrative complaint. Ifa 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. ATN-32444 6 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 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, 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-32444 7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint and Election of Proceeding has been furnished to Marion Graham Mortuary, at 1504 Gandy Street, Jacksonville, Florida.32208-3157 and 1504 Gandyt Street, Jackonville, Florida 32208-1164, by Certified Mail this day of fu Uw) , 2020. JE Marshawn Michael Griffin Senior Attorney Fi 7299 9991 7039 5678 3255 Department of Financial Services - ac4 Office of the General Counsel 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 FL 71599 9991 70345 S678 32 > - se (850) 413-4141 Wey Marshawn. griffin@myfloridacfo.com ATN-32444 3 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.: 243643-19-FC vs. MARION GRAHAM MORTUARY, Respondent. ELECTION OF PROCEEDING ] have received and have read the Administrative Complaint filed by the Florida Department of Financial Services ("Department") against ime, including the Notice of Rights contained therein, and 1 understand my options. 1am requesting disposition of this matter as indicated below, (CHOOSE ONE) 1] 1 do not dispute any of the Department’s factuat allegations and Ido not desire a hearing. I understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my licenses and appointments as may be appropriate. 2. I do not dispute any of the Departinent'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): LI] Submit a written statement and documentary evidence in lieu of a hearing; or [] Personally attend a hearing conducted at an in-person Board meeting: 3.0] Ido dispute one or more of the Department's factual allegations. | 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 reguired by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (c) of the Notice of Rights. Specifically, | have identified the disputed 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 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: Julie Jones, DFS Agency Clerk, 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.: _ E-mail ee ATN-32444 9

Docket for Case No: 20-001382