FILED FEB 8 7 2019 CHIEF FINANCIAL OFFICER Docketed by. JIMMY PATRONIS STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY, AND CONSUMER SERVICES, Petitioner, Vv. Case No. 217628-17-FC RAHMING-POITIER FUNERAL DIRECTORS CORP 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 Rahming-Poitier Funeral Directors Corp (Respondent), and alleges: iF 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 a former Florida corporation, n/k/a Rahming-Poitier Funeral and Cremations Services LLC, a limited liability company. ! ' The former corporate name was spelled Rahming-Potier as it appeared in the records of the Department of State. The business name was changed to Rahming-Poitier upon the LLC’s formation and is the spelling of the name the LLC is currently licensed under chapter 497, ATN 29160 3. At all times material hereto, Respondent was a licensed funeral establishment under chapter 497, Florida Statutes, license number F079857, and doing business at 379 South Dixie Highway, Deerfield Beach, Florida. 4. Michael L. Williams is a funeral director and embalmer licensed under chapter 497, Florida Statutes, holding license number F045425. At all times material hereto, Michael L. Williams was Respondent’s funeral director in charge (FDIC) within the meaning of section 497.380(7), Florida Statutes. 5. Pursuant to Rule 69K-21.007, Florida Administrative Code, each FDIC shall be responsible for only one funeral establishment and shall also be responsible for making sure the funeral establishment and all persons employed in the establishment comply with al] applicable laws and rules of the Board. 6. Pursuant to section 497.153(7), Florida Statutes, the “acts and omissions of any person employed by or under contract with the licensee shall be treated as the acts and omissions of the licensee.” 7. On or about November 12, 2016, Respondent entered into a contract for cremation services (funeral contract) with consumer V.M., to provide the cremation of V.M.’s daughter, A.D. The Respondent assumed custody of A.D.’s body thereabouts or soon after, in order to effect her final disposition. 8. On or about November 16, 2016, Respondent delivered A.D.’s body to ABCO Crematory (ABCO), where the body was placed in refrigeration pending her final disposition. 9. Section 382.002(1), Florida Statutes, provides ““‘[bJurial-transit permit’ means a permit issued by the department [of health] that authorizes the final disposition of a dead body.” 10. Section 382.006(1), Florida Statutes, provides, in pertinent part, “[t]he funeral ATN 29160 director who first assumes custody of a dead body or fetus must obtain a burial-transit permit before final disposition and within 5 days after death...” 11. Section 382.007, Florida Statutes, provides “[a] person in charge of any premises on which final dispositions are made shall not inter or permit the interment or another disposition of any dead body unless it is accompanied by a burial-transit permit.” 12. Respondent’s FDIC failed to obtain a burial-transit permit for the body of A.D. within five days after death, and provide it to ABCO upon the delivery of her body, in accordance with sections 382.006(1) and 382.007, Florida Statutes. 13. On or about February 13, 2017, three months after Respondent accepted custody and delivered A.D.’s body to ABCO, Respondent contacted ABCO and requested that the cremation of A.D. be completed. ABCO reminded Respondent that Respondent’s FDIC had failed to provide ABCO a burial-transit permit and ABCO would require a burial-transit permit prior to the cremation taking place. 14. On or about February 13, 2017, Respondent’s FDIC provided ABCO with a fraudulent burial-transit permit purportedly issued by the Florida Department of Health, Bureau of Vital Statistics, authorizing the cremation of A.D. This burial-transit permit provided to ABCO by Respondent’s FDIC was a false and material misstatement of fact. Neither Respondent nor Respondent’s FDIC ever applied for a burial-transit permit and the Department of Health never issued a valid burial-transit permit to Respondent authorizing the cremation of A.D. 15. Respondent, by and through its FDIC, provided this false and fraudulent burial- transit permit solely to enable a cremation that would have otherwise been unauthorized and would have not have otherwise taken place but for the false permit. 16. Asa result of Respondent, by and through its FDIC, providing ABCO the false ATN 29160 and fraudulent burial transit permit, A.D.’s body was cremated without authorization on February 14, 2017. COUNT 1 17. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through sixteen as if fully set forth herein. 18. Section 497.152(1)(a), Florida Statutes, provides that “violating 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. 19, Section 497.152(1)(b), Florida Statutes, provides that “[c]ommitting fraud, deceit, negligence, incompetency, or misconduct in the practice of any of the activities regulated under this chapter [497],” constitutes grounds for discipline. 20. Section 497.152(4)(h), Florida Statutes, provides that “[flailing to perform any statutory or legal obligation placed upon a licensee,” constitutes grounds for discipline. 21. Section 497.152(9)(f), Florida Statutes, provides that “[d]irectly or indirectly making any deceptive, misleading,. or untrue representations, whether oral or written, or employing any trick, scheme, or artifice, in or related to the practice of a profession or occupation regulated under this chapter [497]” is a disciplinable offense. 22. Based upon the foregoing, Respondent, by and through its FDIC, failed to obtain a burial-transit permit and knowingly providing a false and fraudulent burial-transit permit to ABCO, in contravention of sections 382.006(1), and 382.007, Florida Statutes. Respondent’s conduct as alleged in paragraphs 17 through 21 of this administrative complaint constitutes a violation of sections 497.152(1)(a), (1)(b), (4)(h), and (9)(f), Florida Statutes, and Respondent is subject to discipline thereunder. ATN 29160 COUNT II 23. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through sixteen as if fully set forth herein. 24. Section 497.152(13)(a), Florida Statutes, which provides that “[flailing, without reasonable justification, to timely honor contracts entered into by the licensee or under the licensee’s license for funeral or burial merchandise or services” is a disciplinable offense. 25. Based upon the foregoing, the Respondent, by failing to obtain a burial-transit permit and knowingly providing a false and fraudulent burial-transit permit to ABCO, in contravention of sections 382.006(1) and 382.007, Florida Statutes, has failed, without reasonable justification, to timely honor the funeral contract and has violated section 497.152(13)(a), Florida Statutes, and is subject to discipline thereunder. ATN 29160 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 that the Board is authorized to impose pursuant to the Florida Funeral, Cemetery, and Consumer Services Act. DATED ena stone © | Ye day of Fela vuce l 2019. James A. Bossart Senjor Attorney Office of the General Counsel Florida Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4125 PC Found: October 25, 2018 PC Found By: Al Hall, Jean Anderson, Tracy Huggins, Richard Chesler ATN 29160 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 29160 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 29160 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES OFFICE OF THE GENERAL COUNSEL DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY, AND CONSUMER SERVICES, Petitioner, v. Case No. 217628-17-FC RAHMING-POITIER FUNERAL DIRECTORS CORP, Respondent. 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 | understand my options. I am requesting disposition of this matter as indicated below: (CHOOSE ONE) 1.) 3.0] I do not dispute any of the Departments factual allegations and I do not desire a hearing. | 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. 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, | desire to: {1 Submit a written statement and documentary evidence to the Board in lieu of a hearing; or [j Personally attend a hearing conducted by the Board at the location of a regularly scheduled Board meeting. I do 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. | 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, | 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 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 29160 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, Rahming-Poitier Funeral Directors Corp, n/k/a Rahming- Poiter Funeral and Cremation Services, LLC at 379 S. Dixie Highway, Deerfield Beach, Florida 33441, and to MVP Tax & Accounting Services, Inc., registered agent for Respondent, at 1395 W. Sunrise Blvd., Ste. 2, Ft Lauderdale, Florida 33311, on this TW day of Feb raacia. 2019, es A. Bossart ior Attorney ce of the General Counsel lorida Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4125 10 ATN 29160

Docket for Case No: 21-000840