The Issue Whether the licenses of the Respondents, or any of them, should be revoked, annulled or suspended, or whether the Respondents, or any of them, should be otherwise disciplined for "funeral directing" at an unlicensed "funeral establishment."
Findings Of Fact Respondent Carl F. Slade holds funeral director's license number 588 and embalmer's license number 733; Respondent Richard H. Clark holds funeral director's license number 1057 and embalmer's license number 1225; Respondent Vista's Cuban-American Funeral Home, Ltd. holds establishment operating license number 1068. Respondent Slade is the licensed funeral director and embalmer in charge of Respondent Vista's Cuban-American Funeral Home, Ltd. Vista's Memorial Gardens Cemetery has a building on its premises but is not licensed. Respondent Richard Clark is employed, and has been so employed at all times pertinent to this hearing, by both Respondent Vista's Cuban-American Funeral Home, Ltd. and Vista's Memorial Gardens Cemetery. He performs services for both entities but does not work at the funeral home location. Respondent Clark is regularly employed on a forty (40) hours per week basis at the Vista's Memorial Gardens Cemetery and has his office in that location. The locations of Respondent Vista's Cuban-American Funeral Home, Ltd. and Vista's Memorial Gardens Cemetery are several miles apart on Red Road in the Miami, Dade County, area. An administrative complaint was filed against Respondents by Petitioner, State Board of Funeral Directors and Embalmers, on September 8, 1978, alleging that the Respondents were in violation of the statute prohibiting solicitation and, through Respondent Clark, were "directing funerals" at an unlicensed "funeral establishment." The Respondents requested an administrative hearing. A motion to dismiss by the Respondents was denied. At the time of the hearing the charges involving solicitation were abandoned by the Petitioner Board. Vista's Memorial Gardens Cemetery is a division of Pershing Industries, Inc., an interstate public stock company. Pershing Industries, Inc. is an 85 percent limited partner in Respondent Vista's Cuban-American Funeral Home, Ltd. The funeral home is located at 1825 NW Red Road, and the cemetery is located at 14200 NW Red Road. The general manager of the cemetery is also a general manager of the funeral home. The other general partner is funeral director, Respondent Carl F. Slade, who is also a 15 percent limited partner in Respondent Vista's Cuban-American Funeral Home, Ltd. Respondent Slade owns no stock in Pershing Industries, Inc. The Respondent funeral home is licensed to operate a funeral establishment at 1825 NW Red Road and 57th Avenue in Hialeah, Florida. The building at Vista's Memorial Gardens Cemetery at 14200 Red Road, where Respondent Clark works, has a display room containing four caskets for selection by the customers but has no funeral parlor or embalming room. The duties of Respondent Clark other than the sale of plots at the cemetery include: Meets the public; Discusses funeral arrangements with families and financing, whether for present or future need; Collects details of families' desires for funerals and information required for the removal of remains and release to a funeral home, and information required for the completion of death certificates required by state law; Displays and offers for sale caskets from a display area within the building on the cemetery premises; Forwards information collected and details regarding preliminary arrangements made at the cemetery on forms provided by Respondent Vista's Cuban-American Funeral Home, Ltd. to the funeral home for handling; and Presides at and assists other members or employees of Respondent Vista's Cuban-American Funeral Home, Ltd. in services at the cemetery. On a day prior to September 8, 1978, Ms. Louise Pakenhem went to Vista's Memorial Gardens Cemetery where Respondent Clark was employed. She told Clark her husband, John Pakenham, was critically ill and negotiated a contract with Clark. Ms. Pakenham paid $25.00 down and agreed to pay the balance at the time of her husband's death. She discussed the funeral arrangements with the Respondent, which resulted in a prearrangement. Respondent Clark secured Ms. Pakenham's signature on a prearrangement contract and on a form to release her husband's body to the funeral home. Clark obtained the necessary information for a death certificate. He then sent the form and said information to Respondent Vista's Cuban-American Funeral Home, Ltd. All necessary items had been done with the exception of payment for the services in the amount Respondent Clark had estimated would be needed when Mr. Pakenham died. On the day after the contract and arrangements had been made, Ms. Pakenham, who was in fact a widow, cancelled both the burial rights contract and the arrangements by certified letter. The cemetery and Respondent funeral home cancelled both contracts and returned the $25.00. It is immaterial that Ms. Pakenham deceived Respondent Clark as to her need for a professional funeral director. Respondent Slade receives at his place of business at Respondent Vista's Cuban-American Funeral Home, Ltd. information on funerals from Respondent Clark. Respondent Slade arranges for transportation of bodies and the preparation thereof, and at times supervises and directs funerals in the chapel of Respondent Vista's Cuban-American Funeral Home, Ltd. and at Vista's Memorial Gardens Cemetery.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that: Respondent Carl F. Slade and Respondent Richard H. Clark cease and desist from practicing funeral directing at Vista's Memorial Gardens Cemetery; A fine be imposed on Respondent Slade and Respondent Clark of $250.00 each; and The license of Respondent Vista's Cuban-American Funeral Home, Ltd. be suspended until the funeral business in the unlicensed funeral establishment at Vista's Memorial Gardens Cemetery is discontinued, or until such time as no funeral business is referred to Respondent Vista's Cuban-American Funeral Home, Ltd. from that establishment. DONE and ORDERED this 7th day of July, 1979, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Michael J. Dewberry, Esquire 1300 Florida Title Building Jacksonville, Florida 32202 R. G. Maxwell, Esquire 135 Westward Drive Miami Springs, Florida 33166 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION BOARD OF FUNERAL DIRECTORS AND EMBALMERS STATE BOARD OF FUNERAL DIRECTORS AND EMBALMERS, Petitioner, vs. CASE NO. 78-1698 CARL F. SLADE, F.D., VISTA'S CUBAN-AMERICAN FUNERAL HOME, LTD., and RICHARD H. CLARK, F.D., Respondent. /
The Issue Did Respondents offer for sale, sell, or receive money from the sale of, preneed funeral service and merchandise contracts without possession of a valid certificate of authority? Did Respondents fail to submit preneed contract forms and trust agreement forms to the Department of Banking and Finance (Department) or the Board of Funeral and Cemetery Services (Board) for approval before using such forms, and did such forms meet the statutory requirements? Did Respondent, Robert E. Romaine, individually, offer for sale, sell or execute preneed contracts on behalf of Romaine- Sarasota Funeral home without first being registered as a preneed sales agent? Did Respondents violate Section 497.433, Florida Statutes, by making misrepresentations and false statements that would constitute unfair methods of competition or an unfair or deceptive act or practice as defined in Section 497.445(1),(2), and (4), Florida Statutes? Case No. 94-7102 Should Petitioner Romaine-Sarasota Funeral Home be issued a certificate of authority to sell preneed funeral service and merchandise contracts?
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following findings of fact are made: General Findings of Fact The Department, in association with the Board, is the agency charged with the responsibility of regulating the sale of preneed funeral service and merchandise contracts (preneed contracts). The Board is further authorized to grant, deny, renew, suspend, or revoke certificates of authority to sell preneed contracts and to register preneed sales agents pursuant to Chapter 497, Florida Statutes. Respondent Romaine Enterprises, Inc., d/b/a Romaine Sarasota Funeral Home, (Romaine Funeral) is a corporation existing under the laws of the State of Florida, conducting business in this state, and principally located at 3340 Bee Ridge Road, Sarasota, Sarasota County, Florida. Respondent Robert E. Romaine (Romaine) is president and owner of Romaine Funeral. Romaine Funeral does not possess, and has never possessed, a valid certificate of authority to sell preneed contracts. At no time material to this proceeding was Romaine licensed as a funeral director or registered as preneed sales agent with the Board. At all times material to this proceeding, Edward W. Bacon, Jr., (Bacon) and Barrington G. "Barry" Hayes (Hayes) were funeral directors licensed under Chapter 470, Florida Statutes, who have been, and are currently, employed by Romaine Funeral. Findings of Fact - Enforcement Proceeding Romaine Funeral purchased air time from Comcast Cablevision of Sarasota formerly Storer Cable (Comcast) for the purpose of airing certain spot commercials advertising the availability of Romaine Funeral's inflation proof preneed plan. Some of the spot commercials referred only to the availability of Romaine Funeral's "Preneed Plan" without any reference to the plan being inflation proof. There were at least nine of these spot commercials aired on Comcast at different times during the period of November, 1992 through May, 1993. The evidence clearly shows that these television advertisements were used for the purpose of promoting a preneed plan by Romaine Funeral. Romaine Funeral advertised in a 1994 Folio Calendar prepared by Plan Concepts, Inc. which was distributed locally. The last paragraph of Romaine Funeral's advertisement contained the following language: "Their licensed personnel offer 'Pre-Planning' which is 100 percent refundable." (Emphasis supplied). On October 14, 1993, the Department requested that Romaine provide it with a copy of the "inflation-proof plan" and a list of all of Romaine Funeral's clients who had "In-Trust-for-Accounts" with Romaine Funeral. On October 23, 1993, Romaine provided the Department with the names of 16 customers who owned money market certificates or certificates of deposit held in trust for Romaine Funeral. Subsequently, Romaine produced a list containing the names of 38 customers of Romaine Funeral who owned money market certificates or certificates of deposit held in trust for Romaine Funeral. This list contained the name of the depository institutions, account numbers and contract dates. The contract dates cover a period from April 30, 1982, through February 28, 1995. Additionally, Romaine produced copies of a form titled "Funeral Purchase Order" (contract) used by Romaine Funeral in contracting with individuals purchasing funeral services or merchandise to be provided upon the death of the person (customer) for whom the funeral services or merchandise were purchased. The dates on these Funeral Purchase Orders cover a period of time from February 28, 1985 through July 21, 1994. One Funeral Purchase Order was undated. There are 23 of these Funeral Purchase Orders, including the undated one. Romaine Funeral changed its form sometime after July 21, 1994. The contracts furnished by Romaine dated from September 12, 1994, through February 28, 1995, are on this new form. One contract is undated. There are seven of these contracts, including the undated one. These contracts were also used by Romaine Funeral in contracting with the individuals purchasing funeral services or merchandise to be provided upon the death of the person (customer) for whom the funeral services or merchandise was purchased. The Funeral Purchase Order forms used by Romaine Funeral in contracting with Lauria B. Urquhart and Marshall Urquhart each have the word "Pre-paid" typed on the front of the form at the very top right hand corner. Several of the Funeral Purchase Order forms used in contracting with different individuals have the language "Interest stays in account to take care of any cost of increases for services" typed in the middle of the page. All of the Funeral Purchase Order forms have the language "The liability incurred by Romaine-Sarasota Funeral Home can not (sic) exceed the face amount of this contract" printed just above the signature line for the purchaser and the language "We agree to furnish all services, merchandise (sic) and cash expenditures indicated above" printed just above the signature line for Romaine Funeral. Upon execution of the contract, the amount of the contract was paid by, or for, the customer to Romaine or someone else for Romaine Funeral. Upon receipt of these funds, Romaine would purchase a money market certificate or certificate of deposit in the name of the customer in trust for Romaine Funeral. Romaine retained possession of the certificates. All information concerning the certificates was mailed directly to Romaine by the depository institution. Romaine unilaterally handled the purchasing of the certificates from the depository institution. The customer was never involved in the purchase of a certificate, other than by furnishing the funds. The two exceptions to the above process were: (a) the certificate for the Edna Jones contract was purchased in Romaine's name individually and; (b) the certificate for the William J. Jones contract was purchased in the name of William J. Jones, individually. Thirty of the contracts entered into by Romaine Funeral with individuals purchasing funeral services or merchandise to be furnished by Romaine Funeral upon the death of the customer have corresponding certificates in the face amount of the contract. The contract dates range from February 28, 1985 through February 28, 1995. All the signed contracts in the record were signed by either Hayes or Bacon or Thomas P. Packer or Richard Reed on behalf of Romaine Funeral. A majority of the corresponding certificates were purchased on the same date of the contract or within a month of the contract date. The date of the first certificate being March 14, 1985 and the date of the last certificate being February 28, 1995. All of these corresponding certificates are in the name of the customer in trust for Romaine Funeral. These certificates are in the possession of Romaine and, with the exception of Ester and Edwin Myers, any information from the depository institution concerning these certificates is mailed directly to Romaine. Not all of the 38 accounts (certificates) listed by Romaine as in trust for accounts had a corresponding contract. Funds have been, and are being held, by depository institutions in accounts for customers of Romaine Funeral, in trust for Romaine Funeral. Both Romaine, who unilaterally set up the customer accounts, and Romaine Funeral have failed to demonstrate that there were trust agreements between the depository institutions and Romaine or Romaine Funeral or, if there were trust agreements, that such trust agreements had been submitted for approval to, or approved by, the Department, the Board, or any other predecessor agency. There exist approximately 45 accounts in the Sun Bank representing certificates in the name of Romaine, individually. However, other than certificate number 175016583, there is no evidence to show that any of the other certificates were purchased using funds derived from funeral services or merchandise contracts entered into between Romaine Funeral and its customers. Yvonne E.G. DiFiore (DiFiore), a resident of New Jersey, entered into a contract (Funeral Purchase Order) with Romaine Funeral where she purchased funeral arrangements from Romaine Funeral for her mother, Edna Jones, prior to her mother's death. Hayes, a licensed funeral director, signed the contract for Romaine Funeral. DiFiore spoke only with Romaine at the time of making the funeral arrangements. Romaine agreed to furnish all funeral services and merchandise as requested by DiFiore for her mother's funeral. DiFiore paid to Romaine the sum of $1,200 for her mother's funeral arrangements. Romaine gave DiFiore a copy of the Funeral Purchase Order stamped "PAID: 11-16-87, check no. 001526," and initialed "R.E.R.", as receipt for payment. DiFiore received a copy of a money market certificate from Romaine Funeral in the name of Romaine, individually, in the amount of $1,200. The account number, 175016583, on the certificate matches an account number listed on the Sunbank customer detail of Romaine. DiFiore never received any documentation regarding this account from Sunbank/Gulf Coast, formerly Coast Bank. At the time of her mother's death, DiFiore did not fill out any other documents with Romaine Funeral or pay any additional money to Romaine Funeral for the services provided by Romaine Funeral. DiFiore also entered into a contract with Romaine Funeral whereby she purchased funeral arrangements from Romaine Funeral for her father, William J. Jones, who is still living. Hayes also signed the contract for Romaine Funeral. DiFiore spoke only with Romaine in making these arrangements. Romaine agreed to furnish all funeral services and merchandise as requested by DiFiore for her father's funeral. DiFiore paid to Romaine the sum of $1,200 for her father's funeral arrangements. Romaine gave DiFiore a copy of the Funeral Purchase Order stamped "PAID: 11-16-87, check no. 001526", and initialed "R.E.R.", as receipt for payment. A copy of the William J. Jones Funeral Purchase Order produced by Romaine pursuant to subpoena had the language "Interest stays in account to take care of any cost of increases for service" typed on the contract. This language does not appear on the copy of the Funeral Purchase Order given to DiFiore for her father. Romaine gave a document to DiFiore which was different from the document on file with Romaine Funeral. DiFiore received a copy of a money market certificate from Romaine Funeral in the name of Williams J. Jones, individually, in the amount of $1,200. DiFiore never received any documentation regarding this account from Sunbank/Gulf Coast, formerly Coast Bank. To her knowledge, her father never received any documentation from Sun Bank/Gulf Coast, formerly Coast Bank, regarding this account. Neither DiFiore nor her father went to the bank to set up either the account for Edna Jones' arrangements or the account for William J. Jones' arrangements. DiFiore is of the opinion that all of William J. Jones' funeral arrangements are to be furnished by Romaine Funeral without further cost. Edwin and Esther Myers made funeral arrangements with Romaine and his wife, Marguerite C. Romaine, at the Romaine residence. No one else was present. Romaine Funeral agreed to provide funeral services and merchandise to the Myerses in the future, at their death. The Myerses paid Romaine the sum of $1,000 in advance for these funeral arrangements. Romaine completed a Funeral Purchase Order for both Edwin and Esther Myers, dated May 19, 1988, which contained the notation: "Paid 7-5-88 . . . $500.00" and were signed by Hayes. Using the funds furnished by the Myerses, Romaine purchased a money market certificate in the name of Edwin Myers and Esther Myers, in trust for Romaine Funeral, at Coast Bank. The Myerses were not present at the time Romaine purchased the certificates. The Myerses were of the opinion that Romaine Funeral was receiving the interest and paying the taxes on the interest on the accounts set up by Romaine. However, as a result of an Internal Revenue Service audit, the Myerses have reported and continue to report the interest earned on the account on their federal income tax. All interest statements regarding these accounts, prior to an Internal Service Audit of the Myerses, reflect the address of Romaine Funeral. The Myerses are of the opinion that their funeral arrangements will be furnished by Romaine Funeral without any further payment. Cecelia Kehoe made funeral arrangements for herself with Romaine Funeral. Kehoe paid to Romaine Funeral the sum of $435. Romaine completed a Funeral Purchase Order for Kehoe, dated July 28, 1988, which was marked "Paid 7-28-88 . . . $500" and signed by Hayes. A money market certificate in the amount of $500 was purchased at Coast Bank by Romaine Funeral in the name of Cecelia Kehoe, in trust for Romaine Funeral. Ms. Kehoe is of the opinion that Romaine Funeral will provide her funeral arrangements without any further payment at the time of her death. Ignatius and Doris L. Cassidy, with their son John P. Cassidy, made funeral arrangements with Romaine Funeral through Romaine. Romaine Funeral contracted for "prearranged" funeral services and agreed to provide funeral services and merchandise in the future at the death of Mr. and Mrs. Cassidy. Mr. and Mrs. Cassidy paid to Romaine the sum of $1,000 for their funeral services. Mrs. Cassidy produced a receipt with a Romaine Funeral business card attached, dated January 3, 1989, for payment of $1,000 for "funeral expenses," from Marguerite C. Romaine. However, the receipt does not indicate to whom the receipt was issued. Mrs. Cassidy received no other documentation regarding the funeral arrangements. A Funeral Purchase Order dated January 3, 1988, for Doris Cassidy was produced by Romaine pursuant to subpoena, with the notation: "Paid 1-3-88 Ck#369 . . . $500.00". The Funeral Purchase Order was signed by Hayes on behalf of Romaine Funeral. Romaine represented to Mrs. Cassidy that the funds would be placed in a trust account. Mrs. Cassidy never received any document stating that these funds were refundable. Mrs. Cassidy has never received any documentation regarding the account, nor did she go to the bank to set up the account. At the time of her husband's (Ignatius Cassidy) death, Mrs. Cassidy did not have to fill out any additional forms nor did she pay any additional monies for the services provided by Romaine Funeral. Mrs. Cassidy is of the opinion that Romaine Funeral will provide all of her funeral arrangements without further cost. Ben and Laura Yoder made funeral arrangements with Romaine Funeral through Romaine and Marguerite Romaine. Mr. and Mrs. Yoder paid to Romaine and Mrs. Romaine the sum of $4,760. Romaine Funeral, through Romaine, agreed to provide funeral services and merchandise to the Yoders in the future at the time of their deaths. Romaine gave Mr. and Mrs. Yoder copies of Funeral Purchase Orders stamped "PAID" on "6/13/88" and initialed "M.C.R." by Marguerite C. Romaine. Neither of the Funeral Purchase Orders were signed by either of the Yoders or by someone for Romaine Funeral. The Funeral Purchase Orders for Ben and Laura Yoder, produced by Romaine pursuant to subpoena did not have "PAID" stamped on the document and contained the signature of Barrington G. Hayes for Romaine Funeral. Romaine gave documents to the Yoders which were different from those documents on file with Romaine Funeral. Romaine purchased money market certificates in the Yoder's names in trust for Romaine Funeral at Coast Bank, outside the presence of the Yoders. The Yoders have received no documents from Sun Bank, formerly known as Coast Bank, regarding the accounts set up by Romaine All interest statements regarding these accounts reflect the address of Romaine Funeral. Mr. and Mrs. Yoder were of the opinion that Romaine Funeral will provide all funeral arrangements without any further payment at the time of their deaths. Romaine Funeral agreed to provide funeral services and merchandise to Tynes S. Buchanan by a Funeral Purchase Order dated January 2, 1988, signed by Edward W. Bacon, Jr. for Romaine Funeral. By agreement, dated June 2, 1988, titled Agreement To Establish Irrevocable Preneed Funeral Merchandise or Service Contract, Romaine, on behalf of Romaine Funeral and Agatha Yahraus, on behalf of Tynes Buchanan, parties to Preneed Funeral Merchandise or Service Contract no. 2-1988 (preneed contract no. 2-1988), agreed to make preneed contract 2-1988 irrevocable, pursuant to Section 639.13(6), Florida Statutes (1987). Preneed contract no. 2-1988 referenced in the agreement appears to be the same contract referred to in Finding of Fact 70 dated January 2, 1988. However, other than the date, (January 2, 1988) the number 2-1988 does not appear on Buchanan contract. Romaine, individually, has not advertised or offered for sale preneed funeral services and merchandise contracts while failing to register as a preneed sales agent. Romaine Funeral entered into contracts with customers whereby Romaine Funeral agreed to furnish funeral services and merchandise in the future upon the death of the customer. During the period of time (February 28, 1985 through February 28, 1995) that Romaine Funeral was contracting to furnish funeral services and merchandise in the future, Romaine Funeral did not possess a valid certificate of authority. The contract forms used by Romaine Funeral for contracting with customers to furnish funeral services and merchandise in the future did not have: (a) sequential numbering or sequential prenumbering; (b) specific disclosure regarding Romaine Funeral's selection of either trust funding or the financial responsibility alternative in connection with the receipt of the proceeds from the contract; (c) a requirement that the purchaser make all payments directly to the trustee; (d) a clause expressly stating that Romaine Funeral did not have any dominion or control over the trust or its assets until the contract was entirely completed or performed; (e) any language in conspicuous type advising the contract purchaser of the right to cancel the contract within a given time or; (f) any language in conspicuous type that the purchaser may receive a federal income tax informational statement from the trustee. None of the contract forms used by Romaine Funeral in contracting with its customers to furnish funeral services and merchandise in the future have been submitted to, or approved by, the Department, the Board or a predecessor agency. Findings of Fact - Application Proceeding On or about February 14, 1994, the Department received an Application for Certificate of Authority (First Application) from Romaine Funeral, executed under oath as to truth and accuracy by Romaine, as owner/president, on February 2, 1994. Question 16 of the First Application stated: "Submit copies of preneed contracts proposed to be written and preneed trust agreements." Romaine, as owner/president of Romaine Funeral, did not submit copies of documents required in question 16 with the First Application. By letter dated March 16, 1994, the Department and the Board advised Romaine Funeral of its failure to submit copies of preneed contracts proposed to be written and preneed trust agreements as required by question 16 of the First Application. The letter further advised Romaine Funeral that it had forty-five (45) days from the date of the letter to resolve the deficiency, and that failure to submit the necessary documents would result in denial of the First Application. The expiration date for the 45 days was noted as being April 30, 1994. Romaine, as owner/president of Romaine Funeral, did not submit copies of documents required in question 16 with the First Application within the 45- day period. By an undated letter certified as being mailed to Romaine-Sarasota Funeral Home on July 21, 1994, the Department and the Board advised Romaine Funeral that its First Application had been denied based upon its failure to provide additional information as requested by the letter dated March 16, 1994. The denial letter also advised Romaine Funeral that a violation of Section 497.405(1)(a), Florida Statutes, selling a preneed contract without first having a valid certificate of authority, subjects the company to disciplinary action by the Department. The denial letter further advised Romaine Funeral that it had twenty-one days in which to file a petition for administrative hearing. On or about July 27, 1994, after the expiration of the 45-day period, the Board received via hand delivery a letter from Robert J. Cerra of Association of Independent Funeral Directors of Florida (Association), which stated in part: Enclosed are the proposed trust agreements and contracts for use by Romaine-Sarasota Funeral Home. . . . . . . This is to request that you accept these documents on the funeral homes' behalf and that you will place the application on the agenda for the Board for approval. Attached to the letter, was an "Agreement and Declaration of Trust of Independent Funeral Directors of Florida, Inc., Master Trust Fund A" (Trust Agreement) and a "Prearranged Funeral Agreement" (Preneed Contract). By letter dated September 9, 1994, and certified as being mailed to Romaine-Sarasota Funeral Home on July 21, 1994, the Department and the Board advised Romaine Funeral that its First Application had been denied "based on Section 497.405(1)(a), Florida Statutes, which states 'No person may sell a preneed contract without first having a valid certificate of authority.'" The letter advised Romaine Funeral of its right to file a petition for administrative hearing. Neither the Department nor the Board has amended the denial letter to include any other basis for denial than that set out in its letter of September 9, 1994. The "Trust Agreement" form and "Preneed Contract" form submitted by the Association to the Board on behalf of Romaine Funeral would have been approved for use by Romaine Funeral had its First Application been granted. Further Findings of Fact - Enforcement Proceeding Romaine Funeral filed another application (Second Application) for Certificate of Authority with the Department on March 21, 1995. The Second Application was filed before any final resolution with regards to the First Application. In response to question 7, "Is the applicant, any of the persons listed herein, or any person with power to direct the management or policies of the applicant, the subject of a pending criminal prosecution or governmental enforcement action in any jurisdiction?" Romaine, as owner/president of Romaine Funeral, answered "No." At the time Romaine filed this second application for Romaine Funeral he was aware of the pending administrative action filed against Romaine and Romaine Funeral by the Department of Banking and Finance and the Department of Business and Professional Regulation. In response to question 9 of the Second Application, "Has the applicant, any of the persons listed herein, or any person with power to direct the management or policies of the applicant, had a license, or the equivalent, to practice any profession or occupation denied, revoked, suspended, or otherwise acted against?" Romaine, as owner/president of Romaine Funeral, answered "No." At the time Romaine filed the Second Application for Romaine Funeral, action on the Department's denial of Romaine Funeral's first application was still pending and the denial was not final. However, Romaine and Romaine Funeral knew at the time of filing the second application that the Department of Business and Professional Regulation had filed an action against Romaine Funeral's license as a funeral home. In response to question 11 of the Second Application "Has the applicant entered into any preneed contracts?" Romaine, as owner/president of Romaine Funeral, answered "No." At the time Romaine filed the Second Application, the position of both Romaine and Romaine Funeral in these cases was that Romaine Funeral had not entered into contracts for the sale of preneed funeral arrangements. In response to question 12 of the Second Application, "Has the applicant accepted funds for prearrangements, or entered into any preneed contracts funded by any method other than those permitted by Ch. 497, where the applicant is the beneficiary?" Romaine, as owner/president of Romaine Funeral, answered "Yes." On April 28, 1995, Romaine executed a document changing the answer to question 7 from "no" to "yes" and the answer to question 12 from "yes" to "no" on the second application. This document was filed on May 1, 1995. At the time Romaine corrected his answer to question 7 it was correct based on the Respondents' position in the enforcement proceeding. There was insufficient evidence to show that Romaine knowingly falsified the answers to questions 7, 9, 12 and 13 on the second application for the purpose of intentionally misrepresenting the facts or misleading the Department. Romaine signed a document entitled "Agreement to Establish an Irrevocable Preneed Funeral Merchandise or Service Contract" on June 2, 1988, for Romaine-Sarasota Funeral Home. The Agreement was between Romaine Funeral and Tynes S. Buchanan. This Agreement represents that Romaine Funeral "is in the business of selling prepaid funeral merchandise and services in accordance with Chapter 639, Florida Statutes, as amended". Romaine admitted, based on the Respondents' position in the enforcement proceeding, that the statement contained in the above referenced agreement is a false statement. There was no evidence of any complaints being made by any of Romaine Funeral's customers concerning these contracts. The only complaint received by the Department, the Board or predecessor agency was filed by a competitor of Romaine Funeral. There was no evidence that Romaine Funeral had failed to honor any contract upon the death of the person for whom the funeral services or merchandise had been purchased. In those instances where the record shows the customer has died, Romaine Funeral performed under the contract to satisfaction of the deceased's survivor.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Board of Funeral and Cemetery Services: (a) enter a Cease and Desist Order requiring Respondents and all others acting in concert and cooperation therewith to cease and desist from the sale or offering to sell any prearranged or preneed funeral contracts and to take the necessary corrective action, under the Board's or Department's supervision, to allow each and every person with whom the Respondents have a contract for preneed funeral services or merchandise, which is still in force, the option to rescind the present contract and have refunded to them all monies, including interest, or continue under the present contract with Respondents and; (b) enter a final order denying Romaine Funeral's application for a certificate of authority to enter into preneed contracts until such time as Romaine/Romaine Funeral have completed the above corrective action, at which time the Department or Board would reconsider another application for a certificate of authority. DONE AND ENTERED this 21st day of August, 1995, in Tallahassee, Florida. WILLIAM R. CAVE, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 21st day of August, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NOS. 94-3862 AND 94-7102 The following constitutes my specific rulings, pursuant to Section 120.59(2), Florida Statutes, on all of the proposed findings of fact submitted by the parties in these cases. Department's Proposed Findings of Fact: Proposed findings of fact 1 through 11, 13 through 15, 20 through 23, 25 through 92, 94, 96, 98 and 104 through 109 are adopted in substance as modified in Findings of Fact 1 through 100. Proposed findings of fact 12, 16 through 19, 24, and 99 through 103 are unnecessary or immaterial or irrelevant. Proposed findings of fact 93, 95 and 97 are not supported by evidence in the record. Romaine's/Romaine Funeral's Proposed Findings of Fact: 1. The Respondents filed a document titled Proposed Recommended Order that presents their case in narrative form which sets forth their argument. Since it is unclear from the document what portion is argument and what portion is proposed findings, I have not attempted to separate what the Respondents may consider proposed findings of fact from argument and respond. COPIES FURNISHED: Honorable Robert F. Milligan Comptroller, State of Florida The Capitol, Plaza Level Tallahassee, Florida 32399-0350 Harry Hooper General Counsel Department of Banking and Finance The Capitol, Room 1302 Tallahassee, Florida 32399-0350 J. Stratis Pridgeon H. Richard Bisbee, Esquire Department of Banking and Finance The Capitol, Suite 1302 Tallahassee, Florida 32399-0350 Marvene A. Gordon, Esquire 2831 Ringling Blvd., Suite 208-C Sarasota, Florida 34237
Findings Of Fact Respondent is a licensed funeral director and embalmer, having been issued license numbers FE 1453, EM 1453 and FD 1281. He is currently under a five year license probation imposed by Petitioner in a December, 1982 Final Order. A condition of this probation is that Respondent not violate any provision of Chapter 455 or 470, Florida Statutes. In early 1981, Respondent contracted with the family of Jefferson Munnerlyn, deceased, for funeral arrangements. Respondent's charge for these services totaled $1,895. Decedent's brother and sister-in-law made a down payment of $200. The family agreed to pay another $990 in the belief that the Veterans Administration (VA) would pay the remaining balance. The $990 family payment was to be paid in equal shares by Decedent's brother and two sons. Decedent's brother paid his $330 share. When Decedent's sons failed to pay, Respondent sought and obtained an additional $660 from Decedent's brother, with the understanding that he would return any portion eventually paid by the sons. On April 16, 1931, Respondent received a payment of $450 from the VA, and on November 15, 1981, Respondent received a second VA payment of $650 for the funeral of Jefferson Munnerlyn. Additionally, in 1981, each of the Decedent's sons paid their $330 share of the funeral costs. By the end of 1981, Respondent had received overpayments of some $1,058 from all sources. In 1982, the VA discovered that family members had paid a total of $1,853 toward the Jefferson Munnerlyn funeral, and thereupon demanded that Respondent return $1,058 to that agency. In the meantime, however, Decedent's brother demanded that the $660 payment which had also been paid by Decedent's sons be returned to him. The VA and Decedent's brother continued to seek these amounts throughout 1982, 1983 and the first nine months of 1984. Respondent, faced with conflicting claims to the overpayments, did nothing until the day of the hearing. On October 3, 1984, he returned $660 by cashier's check to Decedent's brother, who was present in the hearing room. Respondent also indicated that he was then returning the remaining $398 in overpayments to the VA. Petitioner presented expert testimony on standards of conduct prevailing in the funeral directing profession. This testimony, set forth in Petitioner's Exhibit A, was taken by deposition. This evidence established that a funeral director is under a professional obligation to return any overpayments to the "appropriate party," and that failure to do so constitutes misconduct. However, the hypothetical questions posed to the expert witness did not assume the existence of conflicting claims to such overpayments.
Recommendation Based on the foregoing, it is RECOMMENDED: That Petitioner enter a Final Order suspending Respondent's funeral directing and embalming licenses for a period of thirty days. DONE and ENTERED this 7th day of November, 1984, in Tallahassee, Florida. R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th day of November, 1984. COPIES FURNISHED: Cecilia Bradley, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 George Pinkney Post Office Box 503 Hawthorne, Florida 32640 R. C. Blanton, Jr., Director Board of Funeral Directors and Embalmers 111 East Coastline Drive Room 407 Jacksonville, Florida 32202 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 =================================================================
The Issue Whether the license of Arnett P. Rogers, Funeral Directors' license number 701 and Embalmers' license number 873 and the license of House of Rogers Funeral Home Establishment Operators' license number 6700 should be revoked, suspended or annulled or whether Arnett P. Roger should be otherwise disciplined.
Findings Of Fact Arnett P. Rogers holds Funeral Directors' license number 701 and Embalmers' license number 873 and is the owner of House of Rogers Funeral Home which was issued Establishment Operating license number 6700. Respondent was charged in a complaint issued by Petitioner with violating Setion 470.12(1)(k); Section 470.12 (2)(c); and section 470.12(2)(p), Florida Statutes, in that as a licensed funeral director and embalmer he was found guilty of, after being charged with, a crime of moral turpitude in this State. More specifically, Respondent was charged with being found guilty of violating Section 409.325, Florida Statutes, which prohibits fraud in the handling of federal food stamps. The Respondent, Arnett P. Rogers, was charged with violating the terms of probation imposed upon him by final order of the State Board of Funeral Directors and Embalmers dated January 31, 1977, which adopted a recommended order dated December 1, 1976, copies of which are attached hereto and made a part hereof, after being charged and found guilty of a crime of moral turpitude in this state. Petitioner charged the Respondent, House of Rogers Funeral Home, with the violation of Section 470.12(4)(a), Florida Statutes, in that Arnett P. Rogers, the licensed funeral director in charge of and owner and operator of said funeral home committed acts in violation of Chapter 470, Florida Statutes, by being found guilty of a crime involving moral turpitude in this state. Respondent, House of Rogers Funeral Home, was charged with having violated the terms of the Order of Probation dated January 31, 1977. Upon examination of the evidence submitted and considering the testimony of a witness produced by the Petitioner, it is found that the Arnett Rogers shown in the information filed and judgment of guilt ordered September 23, 1977, which is attached hereto and made a part hereof, is one and the same person as the Respondent, Arnett P. Rogers. No evidence was offered mitigating the apparent turpitude of the offense for which Respondent Roger was found guilty. The Respondent, Rogers, violated the terms and conditions of the Final Order entered on January 31, 1977, which revoked Respondent's licenses but withheld revocation pending the satisfactory completion of a two year probation period beginning on the date the Order was entered. It is found that the conviction of Respondent by Judgment dated June 27, 1977, and filed by the Clerk of the Circuit Court, Fourth Judicial Circuit of Florida, in and for Duval County, Florida, is a violation of the requirements of Chapter 470, Florida Statutes, and is not a "satisfactory completion of a two year probationary period" required by the foregoing Final Order. The adjudication of guilt of a crime proscribed by Section 409.325, Fraud.-Florida Statutes, is a "crime of moral turpitude" and a violation of Section 470.12(2)(c) Florida Statutes. From the testimony and evidence submitted, it is found that Respondent intended to use food stamps as payment for funeral services to be rendered by him and The House of Rogers when he accepted food stamps in a negotiation for a down payment for a funeral. The proposed orders of the parties have been considered in the rendition of this order and any part thereof not directly treated is found to be without merit.
Recommendation Revoke the licenses of Arnett P. Rogers and the House of Rogers Funeral Home. DONE and ENTERED this 6th day of November, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Dewberry, Esquire 1300 Florida Title Building Jacksonville, Florida 32202 Lacy Mahon, Jr., Esquire 350 East Adams Street Jacksonville, Florida 32202
Findings Of Fact Upon consideration of the oral and documentary evidence produced at the hearing, the following relevant facts are found: At all times pertinent to this proceeding Respondent Larkins was licensed as an embalmer and funeral director by the Board of Funeral Directors and Embalmers, having been issued licensed numbers FE 2310, E 2310 and FD 2106. At all times pertinent to this proceeding the Respondent Anderson was licensed as a funeral director and embalmer by the Board of Funeral Directors and Embalmers, having been issued license numbers FE 2204, E 2204 and FD 2003. At all times pertinent to this proceeding Respondent Evans was licensed as an embalmer and funeral director by the Board of Funeral Directors and Embalmers, having been issued license numbers FE 790, E 790 and 672. At all times pertinent to this proceeding Respondent Stone was licensed as a funeral director and embalmer by the Board of Funeral Directors and Embalmers, having been issued license numbers FE 459, E 459 and 205. At all times pertinent to this proceeding Respondent Stone Funeral Home was licensed as a funeral establishment by the Board of Funeral Directors and Embalmers, having been issued license number FH 214. The corporate officers of said establishment are Fannie B. Stone, President; Rosalyn Gordon, Secretary- Treasurer; and Raymond S. Gordon, Vice-President. Raymond S. Gordon's address is the same as the Respondent funeral establishment, 2401 East Columbus Drive, Tampa, Florida. Neither Raymond S. Gordon nor Rosalyn Gordon have ever been licensed as a funeral director, embalmer, funeral director intern or embalmer intern by the Florida Board of Funeral Directors and Embalmers. James Williams was a licensed funeral director in charge of Williams Funeral Home, Plant City, Florida, between October 1979 and March 1980. Williams was never the licensed funeral director in charge of the Respondent funeral establishment. On or about October 28, 1976, the Board of Funeral Directors and Embalmers was advised that Respondent F.B. Stone had replaced William Gordon as the funeral director in charge of the Respondent funeral establishment. The Respondent Anderson replaced Respondent F.B. Stone as the funeral director in charge of Respondent establishment on August 4, 1980, and prior to that time, Respondent Anderson was the funeral director in charge of a Lakes Wales funeral home. The Respondent Anderson notified the Board of Funeral Directors and Embalmers that he was no longer the funeral director in charge of Respondent funeral establishment as of August 27, 1980. It was not until on or about October 1, 1980, that the Board of Funeral Directors and Embalmers was advised that Respondent Evans was the funeral director in charge of Respondent funeral establishment. By letter dated May 14, 1981, Respondent Larkins notified the Board of Funeral Directors and Embalmers that he was the funeral director in charge of Respondent funeral establishment as of April 1, 1981. As a normal course of conduct, affidavits of cases embalmed and bodies handled by the Respondent funeral establishment were filed with the local registrar of vital statistics, more than five working days after the end of each month The following chart sets forth the months in question and the actual date of filing of the affidavits with the local registrar of vital statistics: MONTH ACTUAL DATE OF FILING AFFIDAVIT January 1980 February 28, 1980 February 1980 April 7, 1980 March 1980 October 14, 1980 April 1980 October 14, 1980 May 1980 October 14, 1980 June 1980 October 14, 1980 July 1980 October 14, 1980 August 1980 October 14, 1980 September 1980 (Signed October 7, 1980) October 1980 (Received by Board December 1, 1980) November 1980 (Signed December 9, 1980) December 1980 January 29, 1981 January 1981 February 5, 1981 February 1981 March 18, 1981 March 1981 June 26, 1981 April 1981 June 26, 1981 May 1981 June 26, 1981 June 1981 July 9, 1981 July 1981 (Signed August 5, 1981) August 1981 November 4, 1981 September 1981 November 4, 1981 October 1981 January 3, 1982 November 1981 January 3, 1982 December 1981 January 3, 1982 January 1982 February 14, 1982 February 1982 April 9, 1982 March 1982 April 9, 1982 April 1982 May 6, 1982 May 1982 June 4, 1982 June 1982 July 12, 1982 (Petitioner's Exhibit 1) The Respondents were placed on notice, both written and oral, of the lateness of filing the affidavits of cases embalmed and bodies handled. A review of Petitioner's Exhibit 1, the affidavits of cases embalmed and bodies handled, reflects that between July 1979 and September 1979, the affidavits were signed by Elliot C. Bruton as the funeral director in charge when the evidence demonstrates that Respondent F.B. Stone was the licensed funeral director in charge. Between October 1979, and March 1980, James Williams signed the affidavits of cases embalmed and bodies handled as the funeral director in charge when the evidence demonstrates that Respondent F.B. Stone was the licensed funeral director in charge and Williams was the licensed funeral director in charge of another establishment. Between the dates of April 1980, and July 1980, Respondent Anderson signed the affidavits of cases embalmed and bodies handled as the funeral director in charge when the evidence demonstrates that Respondent F.B. Stone was the funeral director in charge and Respondent Anderson was employed as the funeral director in charge during this same time period at a Lake Wales funeral home. Respondent Anderson informed an investigator for the Department of Professional Regulation that affidavits for the months of April through July were signed by him and submitted based upon the request of a previous Executive Director of the Board of Funeral Directors and Embalmers. However, Respondent Anderson also informed the investigator that after submitting the affidavits he remembered that the affidavits were incorrect in certain material respects as to the embalmer, but Respondent Anderson has never attempted to amend the affidavits. While the affidavit for September 1980, lists E. Marion Evans as the embalmer and the funeral director in charge, by letter dated October 7, 1980, the Respondent Evans informed the Board that he was the funeral director in charge as of October 1, 1980. On or about November 1981, the Respondent funeral establishment amended its exterior sign to delete the name of Respondent F.B. Stone as the funeral director in charge and display instead the name of the actual full-time funeral director in charge, at that time, Respondent Larkins. In late March 1981, Dessie Alexander's son, Alfred Alexander, died and Mrs. Alexander made arrangements through Respondent funeral establishment to have her son buried. She called the Respondent funeral establishment and left word for Raymond Gordon to call her back. Raymond Gordon then called her and she told him she wanted to release her son's body to him. Raymond Gordon then came to Dessie Alexander's home and asked her to sign a release paper so that he could pick up the body at the morgue, which she signed. Raymond Gordon called her later and asked her to come to the Respondent funeral establishment to make funeral arrangements. She and her family arrived at the Respondent funeral establishment and, with the assistance of Raymond Gordon, chose a funeral casket. Raymond Gordon took the family to the cemetery to purchase a cemetery lot for the burial. At the Respondent funeral establishment, Raymond Gordon assisted the family in determining the exact funeral arrangements necessary. Marion Evans, although present at the funeral establishment building at certain times, was not involved in the formulation of the funeral arrangements and did not act in a supervisory capacity over Raymond Gordon. Raymond Gordon wrote the funeral purchase contract, and after determining and itemizing the charges, had the family sign the contract. At the funeral service of Alfred Alexander at a local church, Raymond Gordon and Rosalyn Gordon were present, with Ms. Gordon making the payments to the pianist and minister while Raymond Gordon coordinated the funeral services. Respondent Evans was not involved in conducting the funeral service of Alfred Alexander. During this time period, Respondent Evans was the funeral director in charge of the Respondent funeral establishment. Thelma Collins utilized the Respondent funeral establishment on April 29, 1981, when her son, Anthony Bethea, died. Ms. Collins spoke with Raymond Gordon and then he, Stanley Larkins and another unidentified person came to her home. Raymond Gordon spoke with Ms. Collins at her home. At this time, Ms. Collins and Raymond Gordon discussed picking up the body, the time of death and other information concerning the deceased. Ms. Collins' funeral purchase agreement, Petitioner's Exhibit 4, was executed at the Respondent funeral establishment and was drafted, discussed and explained by Raymond Gordon to Ms. Collins when no other employees or agent of the Respondent funeral establishment was present. The funeral service was conducted at a local church and Raymond Gordon, Rosalyn Gordon and an unlicensed workman for the Respondent funeral establishment attended. Ms. Collins does not remember the presence of Respondent Larkins at the funeral service. Marie Butler's sister, Cora Evans, died in January 1980, and the Respondent funeral establishment handled the funeral arrangements and services. Raymond Gordon arranged the funeral service, determined prices and contractual terms and conditions, assisted in determining the arrangements to be made for the funeral service, and conducted and directed the funeral services at the church and grave site. In June 1980, when Respondent Larkins was the registered funeral director in charge of the Respondent funeral establishment, Marie Butler's brother died. Raymond Gordon again personally handled all the funeral arrangements and services by arranging the funeral service, determining prices and contractual terms and conditions, assisting in determining the arrangements to be made for the funeral service, and conducting and directing the funeral services. Respondent Larkins was physically present during most of these activities but did not directly supervise the arrangements of the funeral services. Virgilio O'Farrell died on May 11, 1981, during the time that Respondent Larkins was the funeral director in charge of Respondent funeral establishment. Gail Blackman arranged the funeral services for Mr. O'Farrell through Respondent funeral establishment. Ms. Blackman did not recall dealing with Respondent Larkins in arranging the funeral services through Respondent funeral establishment, but dealt instead with two unknown men from the Respondent funeral establishment. Respondent Larkins testified that during his employ at Respondent funeral establishment, April 1980 through the present, he has been the only licensed funeral director representing the Respondent funeral establishment. Respondent Larkins remembered the Thelma Collins' transaction. On this occasion as well as others, Raymond Gordon was present but Larkins did most of the talking regarding the funeral arrangements. He remembered this particular case because it was the first funeral arrangement he handled in Progress Village. The affidavits of cases embalmed and bodies handled were late in being properly filed due to the fact that Raymond Gordon was acting as the courier of the affidavits and he failed to timely post the same.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That a Final Order be entered placing the Respondents Larkins, Evans, Anderson, Stone and Stone Funeral Home on reporting probation for a period of two years and imposing an administrative fine of $750 per Respondent. During the probationary period, the Respondents should be required to regularly certify to the Board that they are complying with all requirements of Chapter 470, Florida Statutes in a timely and accurate manner. DONE and ORDERED this 8th day of November, 1982, in Tallahassee, Florida. SHARYN L. SMITH Hearing Officer Department of Administration Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of November, 1981.
Findings Of Fact Respondent, Sowell, is currently a licensed funeral director and embalmer in the State of Florida. Respondent, Sowell's Funeral Home, is a licensed funeral establishment in the State of Florida. Sowell is the licensed funeral director and embalmer in charge of Sowell's Funeral Home. On April 19, 1978, Mr. Eston Singletary died in Jacksonville, Florida. His divorced wife, Gussie Wright Singletary, called the Reverend Charles James Crosby to come to her former husband's death bed. Reverend Crosby is minister of the New Trinity Baptist Church in Jacksonville, and, while never a licensed funeral director and embalmer, he worked for the Sowell Funeral Home from 1949 to 1952 and from 1960 to 1968. Reverend Crosby has no financial interest in Sowell Funeral Home. Mrs. Singletary claims that Reverend Crosby represented to her that he owned Sowell's Funeral Home. It was for this reason, says Mrs. Singletary, that she contacted Reverend Crosby and agreed to turn her former husband's body over to Sowell's. However, there is no evidence to establish that Sowell either authorized or knew about such a representation on the part of Reverend Crosby, if it in fact occurred. Upon the advice of Reverend Crosby, Mrs. Singletary released her former husband's body to Sowell at the hospital. Mrs. Singletary did not have adequate funds to cover the expense of the funeral preparations so Reverend Crosby paid for the funeral and Mrs. Singletary agreed to reimburse him. Mrs. Singletary asked Reverend Crosby to handle the details of the funeral for her. Thereafter, Sowell handled the body of Eston Singletary, embalmed it and signed the required death certificate as funeral director. The evidence shows that in connection with Singletary's death, the Reverend Charles Crosby met with the family of the deceased, including Mrs. Singletary; assisted the deceased's family in planning the details of the funeral; advised the family regarding the release of the body to Sowell; arranged for flowers for the funeral; accompanied the family to a local casket company for its selection of a casket in which to inter the deceased; met with members of the family to collect information for completion of the required death certificate; and received case and checks from family members and other sources in an amount exceeding Sowell's charges by $142.76. When Sowell was contacted by Reverend Crosby, Crosby represented that he was acting on behalf of the deceased's family. It was to Reverend Crosby and not to the family that Sowell delivered the receipt for the services he rendered. On April 27, 1978, Reverend Crosby, on behalf of the family and Sowell, on behalf of the funeral home, entered into a contract for services to be provided in connection with the funeral of Eston Singletary. Reverend Crosby obtained personal information regarding the deceased from the family for Sowell. Sowell then arranged for the obituary notice. The night before the funeral there was a viewing of the deceased at the funeral home. Reverend Crosby was there escorting the widow. The following day, Reverend Crosby served as master of ceremonies at deceased's funeral which was conducted at a church other than the one with which the Reverend Crosby was associated. Sowell was in attendance at the deceased's funeral. While the widow testified that she had not seen Sowell at the funeral, such testimony is insufficient to overcome Sowell's testimony that he did attend the funeral since the widow, having never met Sowell, would not have recognized him if she had seen him. Sometime subsequent to the funeral, the widow went to the funeral home to get a receipt. Since the funeral home was closed at the time, she called Sowell at his home. Sowell informed her that the receipt had been given to Reverend Crosby. With regard to the remaining charge, the evidence was incontrovertible that the funeral directors and embalmers licenses of Sowell were suspended pursuant to section 470.10(1), Florida Statutes, when he performed the duties of a funeral director in connection with the death and funeral of Willy D. Whitehead on or about September 15, 1978. The suspension was occasioned by the timely payment of the annual license fee. Payment was made of renewal on October 19, 1978, at which time the licenses were reinstated.
