CHIEF FINANCIAL OFFICER JIMMY PATRONIS STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY AND CONSUMER SERVICES, Petitioner, v. Case No.: 265828-20-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: 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 a former Florida corporation, n/k/a Rahming-Poitier Funeral and Cremations Services LLC, a limited liability company?. 3. At all times material hereto, Respondent was a funeral establishment licensed under chapter 497, Florida Statutes, license number F079857, and doing business at 379 South Dixie Highway, Deerfield Beach, Florida. 1 The former corporate name was spelied 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-32977 4. Michael L. Williams (Williams) is a funeral director and embalmer licensed under chapter 497, Florida Statutes, holding license number F045425. At all times material hereto, 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 all 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. The City of Deerfield Beach provides for a substantial discount in price for cemetery plots available only to residents of Deerfield Beach. The purchase price for residents of Deerfield Beach for a cemetery plot is $1,135.00. The purchase price for non-residents of Deerfield Beach for the same cemetery plot is $3,035.00. COUNT I 8. Petitioner realleges and incorporates by reference the above general allegations set forth in paragraphs one through six as if fully set forth herein. 9. On or about March 31, 2017, Respondent entered into a contract for funeral services (A.M.R. contract) with a consumer, A.B., to provide funeral services for A.B.’s friend, A.M.R. The contract price of the A.M.R. contract was $6,650.00. The contract was paid in full in cash. 10. The funeral contract provides for the purchase of a cemetery plot for A.M.R. in the amount of $3,340.00, listed as a cash advance on the A.M.R. contract. The cemetery plot site was ATN-32977 to be at Memorial Cemetery, a municipal owned cemetery located in Deerfield Beach, Florida. 11. — Respondent provided the City of Deerfield Beach with fraudulent documentation that alleged that A.M.R. was a resident of the city and eligible for the discount price. A.M.R. was not a resident of the city at any time and was not eligible for the discount price. Respondent’s representations to the City of Deerfield Beach were false and a material misstatement of fact. 12. As a result of Respondent’s false representations and misstatements, Respondent was only charged $1,135.00 by the city for AM.R.’s cemetery plot. Respondent paid $1,135.00 to the city for the cemetery plot. 13. Respondent received $3,340.00 from A.B. for the purchase of the cemetery plot, but only paid $1,135.00 to the City of Deerfield Beach, retaining the difference of $2,205.00 for its own use and benefit. 14. Respondent received and retained $2,205.00 for which it was not entitled to and would not have received but for its fraudulent misrepresentations and material misstatements of fact. 15. 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. 16. Section 497.152(1)(b), Florida Statutes, provides that it is a violation to “commit fraud, deceit, negligence, incompetency, or misconduct in the practice of any of the activities regulated under this chapter,” and constitutes grounds for discipline. 17. Section 497.152(4)(e), Florida Statutes, provides that “[mJisrepresenting the amount advanced on behalf of a customer for any item of service or merchandise, including, but not limited to, cemetery or crematory services, pallbearers, public transportation, clergy honoraria, ATN-32977 flowers, musicians or singers, nurses, obituary notices, gratuities, and death certificates, described as cash advances, accommodations, or words of similar import on the contract, final bill, or other written evidence of agreement or obligation furnished to customers; however, nothing in this paragraph shall require disclosure of a discount or rebate that may accrue to a licensee subsequent to making a cash advance.” 18. Section 497.152(4)(g), Florida Statutes, provides that “[m]aking or filing a statement to any government entity that the licensee knows or has reason to know is false” constitutes grounds for discipline. 19. 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 the profession or occupations regulated under this chapter [497], including the sale of any merchandise or services related to the practice of the profession or occupation” is a disciplinable offense. 20. Based upon the foregoing, the Respondent by knowingly making misrepresentations to both A.B. and the City of Deerfield Beach, misrepresenting a cash advance on the A.M.R. contract, and knowingly receiving funds by fraud and deceit that it was not entitled to, has violated sections 497.152(1){a), 497.152(1)(b), 497.152(4)(e), 497.152(4)(g), and 497.152(9)(f), Florida Statutes, and is subject to discipline thereunder. COUNT II 21. Petitioner realleges and incorporates by reference the above general allegations set as if fully set forth herein. 22. On or about July 1, 2017, Respondent entered into a contract for funeral services (the D.M.S, contract) with a consumer, E.M., to provide funeral services for E.M.’s mother D.MLS. ATN-32977 The contract price of the D.M.S. contract was $12,719.00. The contract was paid by the estate of D.MLS. 23. | The D.M.S. contract provides for the purchase of a cemetery plot for D.M.S. in the amount of $3,410.00, listed as a cash advance on the contract. The cemetery plot site was to be at Pineview Cemetery, a municipal owned cemetery located in Deerfield Beach, Florida. 24. Respondent represented to the City of Deerfield Beach that D.M.S. was a resident of the city and eligible for the discount price. D.M.S. was not a resident of the city at any time and was not eligible for the discount price. Respondent’s representations to the City of Deerfield Beach were false and a material misstatement of fact. 25. Asaresult of Respondent’s false representations and misstatements, Respondent was only charged $1,135.00 by the city for AIM.R.’s cemetery plot. Respondent paid $1,135.00 to the city for the cemetery plot. 26. Respondent received $3,410.00 from the estate of D.M.S. for the purchase of the cemetery plot, but only paid $1,135.00 to the City of Deerfield Beach, retaining the difference of $2,375.00 for its own use and benefit. 27. Respondent received and retained $2,375.00 for which it was not entitled to and would not have received but for its fraudulent misrepresentations and material misstatements of fact. 28. 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. ATN-32977 29. — Section 497.152(1)(b), Florida Statutes, provides that it is a violation to “commit fraud, deceit, negligence, incompetency, or misconduct in the practice of any of the activities regulated under this chapter,” and constitutes grounds for discipline. 30. Section 497.152(4)(e), Florida Statutes, provides that “[mlisrepresenting the amount advanced on behalf of a customer for any item.of service or merchandise, including, but not limited to, cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or singers, nurses, obituary nolices, gratuities, and death certificates, described as cash advances, accommodations, or words of similar import on the contract, final bill, or other written evidence of agreement or obligation furnished to customers; however, nothing in this paragraph shall require disclosure of a discount or rebate that may accrue to a licensee subsequent to making a cash advance.” 31. Section 497.152(4)(g), Florida Statutes, provides that “[mJaking or filing a statement to any government entity that the licensee knows or has reason to know is false” constitutes grounds for discipline. 32. 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 the profession or occupations regulated under this chapter [497], including the sale of any merchandise or services related to the practice of the profession or occupation” is a disciplinable offense. 33. Based upon the foregoing, the Respondent by knowingly making misrepresentations to both E.M. and the City of Deerfield Beach, by mispresenting to the City of Deerfield Beach the residence of D.M.S., and knowingly receiving funds by fraud and deceit that ATN-32977 it was not entitled to, has violated sections 497.152(1)(a), 497.152(1)(b), 497.152(4)(e), 497.152(4)(g), and 497.152(9)(f), Florida Statutes, and is subject to discipline thereunder. COUNT HI 34. Petitioner realleges and incorporates by reference the above general allegations as if fully set forth herein. 35. On or about August 11, 2017, Respondent entered into a contract for funeral services (the J.H. contract) with a consumer, S.H., to provide funeral services for §.H.’s father J.H. The contract price of the J. H. contract was $12,219.00. 36. The funeral contract provides for the purchase of a cemetery plot for J.H. in the amount of $3,410.00, listed as a cash advance on the contract. The cemetery plot site was to be at Pineview Cemetery, a municipal owned cemetery located in Deerfield Beach, Florida. 37. _J.H. was a resident of Deerfield Beach and qualified for the discount. Respondent failed to disclose this fact to S.H. 38. | Respondent was charged only $1,135.00 by the city for J.H.’s cemetery plot. Respondent paid $1,135.00 to the city for the cemetery plot. 39. Respondent received $3,410.00 from the estate of J.H. for the purchase of the cemetery plot, but only paid $1,135.00 to the City of Deerfield Beach, retaining the difference of $2,375.00 for its own use and benefit. 40. Respondent received and retained $2,375.00 for which it was not entitled to and would not have received but for its fraudulent misrepresentations and material misstatements of fact. ATN-32977 41. 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. 42. Section 497.152(1)(b), Florida Statutes, provides that it is a violation to “commit fraud, deceit, negligence, incompetency, or misconduct in the practice of any of the activities regulated under this chapter,” and constitutes grounds for discipline. 43. Section 497.152(4)(e), Florida Statutes, provides that “[mlJisrepresenting the amount advanced on behalf of a customer for any item of service or merchandise, including, but not limited to, cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or singers, nurses, obituary notices, gratuities, and death certificates, described as cash advances, accommodations, or words of similar import on the contract, final bill, or other written evidence of agreement or obligation furnished to customers; however, nothing in this paragraph shall require disclosure of a discount or rebate that may accrue to a licensee subsequent to making a cash advance.” 44. 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 the profession or occupations regulated under this.chapter [497], including the sale of any merchandise or services related to the practice of the profession or occupation” is a disciplinable offense. 45. Based upon the foregoing, the Respondent by knowingly making misrepresentations to both S.H., and knowingly receiving funds by fraud and deceit that it was not entitled to, has violated sections 497.152(1)(a), 497.152(1)(b), 497.152(4)(e), and 497.152(9)(f, Florida Statutes, and is subject to discipline thereunder. ATN-32977 COUNTs IV-VI 46. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through forty-five as if fully set forth herein. 47. Theodus Times (Times) is the sole manager and owner of Respondent and was at all times material to this Complaint acting as Respondent’s alter ego and employee. 48. Atno time material to this Complaint was Times licensed in this state under chapter 497, Florida Statutes. 49. Section 497.005(36), Florida Statutes, provides ‘““[fJuneral’ or ‘funeral service’ means the observances, services, or ceremonies held to commemorate the life of a specific deceased human being and at which the human remains are present.” 50. Section 497.157(1), Florida Statutes, provides “[n]o person or entity shall engage in any activity for which a license is required under this chapter, without holding such licensure in good standing.” 51. The practice of funeral directing is defined by section 497.372, Florida Statutes, to include, inter alia, selling or offering to sell funeral services, embalming, cremation, or other services relating to the final disposition of human remains on an at-need basis. The practice of funeral directing also includes the planning or arranging, on an at-need basis, the details of funeral services, embalming, cremation, or other services relating to the final disposition of human remains. 52. Section 497,380(8), Florida Statutes, provides “[t]he issuance of a license to operate a funeral establishment to a person or entity who is not individually licensed as a funeral director does not entitle that person to practice funeral directing.” ATN-32977 53. | Theodus Times, ‘on behalf of Respondent, made arrangements with the City of Deerfield Beach for the purchase of cemetery plots and burials for A.M.R., D.M.S. and J.H., all without benefit of licensure. 54. — Section 497.152(1)(a), Florida Statutes, provides it is a violation to violate any provision of chapter 497, Florida Statutes, or any lawful order of the Board or Department. 55. Section 497.152(1)(b), Florida Statutes, provides it is a violation to commit “fraud, deceit, negligence, incompetency, or misconduct in the practice of any of the activities regulated under this chapter [497].” 56. Section 497.152(5)(d), Florida Statutes provides it is a violation to aiding, assist, procure, employ, or advise any person or entity to practice a profession or occupation regulated by this chapter without required licensure under this chapter. 57. Based on the foregoing, Respondent violated sections 497.152(1)(a), (1)(b), and (5)(d) Florida Statutes, by allowing Theodus Times, an unlicensed person, to make burial arrangements with the City of Deerfield Beach for A.M.R., D.M.S. and J.H., and is therefore subject to discipline. ATN-32977 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 and SIGNED this 14th day of October , 2020. A. Beasart- Jangés A. Bossart Senior Attorney Office of the General Counsel Florida Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4125 PC Found: PC Found By: ATN-32977 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. 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. 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 of fact, if the ATN-32977 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-32977 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES OFFICE OF THE GENERAL COUNSEL FLORIDA DEPARTMENT OF FINANCTAL SERVICES, DIVISION OF FUNERAL, CEMETERY, AND CONSUMER SERVICES, v. Petitioner, Case No.: 265828-20-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 I understand my options. I am requesting disposition of this matter as indicated below. (CHOOSE ONE) LC] 3.0] 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. T 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. I 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. I 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-32977 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 at 379 South Dixie Highway, Deerfield Beach, Florida 33441 and to counsel for Respondent, Christopher Butler, via electronic mail at cvbutlerlaw@gmail.com on this 14th day of October , 2020. /S/ 91 7199 9991 7039 Sb?78 4¥?b4 7 James A. Bossart Senior Attorney Office of the General Counsel Florida Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4125 ATN-32977

Docket for Case No: 21-000841