11-001879PL Department Of Financial Services, Board Of Funeral, Cemetery, And Consumer Services vs. Tebbie Singleton Status: Closed Recommended Order on Tuesday, July 19, 2011.

Summary: Respondent failed to pay administrative fine imposed by a Final Order and failed to timely notify agency of an address change.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF FINANCIAL )

SERVICES, BOARD OF FUNERAL, )

CEMETERY, AND CONSUMER )

SERVICES , )

)

Petitioner , )

)

vs. ) Case No. 11 - 1879PL

)

TEBBIE SINGLETON , )

)

Respondent . )

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing was held in this case

on June 15, 2011, in Tallahassee, Florida, before Susan B.

Harrell, an Administrative Law Judge of the Division of

Administrative Hearings.

APPEARANCES

For Petitioner: Thomas A. David, Esquire

Department of Financial Services

200 East Gaines Street

Tallahassee, Florida 32399

For Respondent: Tebbie Singleton , pro se

5108 Mission Hills Avenue 1/

Apartment 332

Tampa, Florida 33617

STATEMENT OF THE ISSUES

The issues in this case are whether Respondent violated

sections 497.152(1)(a) and 497.152(4)(h), Florida Statutes (2008

and 2009); section 497.146, Florida Statutes (2009); sections

497.152(5)(b) and 497.152(5)(g), Florida Statutes (2008); 2/ and

Florida Administrat ive Code Rule 69K - 21.055, and, if so, what

discipline should be imposed.

PRELIMINARY STATEMENT

On September 27, 2010, Petitioner, Department of Financial

Services, Board of Funeral, Cemetery, and Consumer Services

(Department), filed a three - count Administ rative Complaint

against Respondent, Tebbie Singleton (Mr. Singleton), alleging

that he violated sections 497.152(1)(a), 497.152(4)(h), 497.146,

497.152(5)(b), and 497.152(5)(g) and rule 69K - 21.055.

Mr. Singleton requested an administrative hearing, and th e case

was forwarded to the Division of Administrative Hearings on

April 15, 2011, for assignment of an Administrative Law Judge to

conduct the final hearing.

Mr. Singleton had been represented by counsel, John A.

Rudolph, Jr. On June 14, 2011, Mr. Rudolp h filed a Motion to

Withdraw as Counsel for Respondent. At the commencement of the

final hearing, the motion was granted.

The Department advised at the commencement of the final

hearing that it would not be presenting any evidence relating to

the allegati ons contained in Count II of the Administrative

Complaint. After learning that no evidence would be presented

concerning Count II, Mr. Singleton advised that he was prepared

to proceed without benefit of counsel.

At the final hearing, the Department call ed Sandra Gan t t -

Ford, Mr. Singleton, and Kurt Schuler as its witnesses. Joint

Exhibits 2 and 3 were admitted in evidence. Petitioner's

Exhibits A through H were admitted in evidence. Mr. Singleton

testified in his own behalf and did not submit any exhib its for

admission in evidence.

The Transcript of the final hearing was filed on June 30,

2011. The parties agreed to file proposed recommended orders

within ten days of the filing of the Transcript. The Department

filed its Proposed Recommended Order on July 11, 2011. On the

same date, Mr. Singleton filed a letter, which is deemed to be

his p roposed r ecommended o rder.

FINDINGS OF FACT

1. Mr. Singleton has been licensed by the Department as a

funeral director and embalmer since December 15, 1997. His

license number is F043742.

2. On August 26, 2008, the Department entered a Final

Order finding Mr. Singleton guilty of the violations alleged in

the administrative complaint, In the Matter of: Tebbie

Singleton (License Number F043742) , Case No. 95046 - 08 - FC. The

Department imposed the following penalty:

Respondent [Mr. Singleton] shall pay an

administrative fine in the amount of $5,000.

Said fine shall be paid within ninety (90)

days of the date of the filing of this Final

Order. The fine shall be paid by cashier's

check or money order payable to the Board of

Funeral, Cemetery, and Consumer Services and

delivered to the Board office at the

Department of Financial Services, Board of

Funeral, Cemetery and Consumer Services,

200 East Gaines Street, Tallah assee 32399.

In addition, Respondent is required to pay

interest on the fine due to the Board at a

rate of 11% per annum, beginning on the

ninety - first (91st) day after the issuance

of this Final Oder.

Respondent is placed on probation for a

period of on e year. Respondent must attend

an in - person meeting of the Board at the

last scheduled meeting prior to the

expiration of the one year probation.

Respondent must notify the Division Director

of his intent to attend no less than one

month prior to the mee ting. Respondent

shall demonstrate compliance with the Order

and demonstrate by testimony, presentation

of letters, or recommendation from

individuals within the industry, or other

indicia of rehabilitation, that Respondent

is able to resume practicing wi th reasonable

care and safety and is in compliance with

the laws of the State of Florida and rules

of this Board.

3. Mr. Singleton failed to pay the fine with in 90 days of

the issuance of the Final Order. On December 22, 2008, the

Department entered a N otice of Intent to Enter Emergency Order

of Suspension, advising Mr. Singleton that if he did not comply

with the Final Order issued on August 26, 2008, that his license

would be suspended.

4. Mr. Singleton sent a check in the amount of $6,340.00

and date d January 17, 2011, to the Department. The check was

drawn on the account of Betty Miller (Ms. Miller), who was a

friend of Mr. Singleton's mother. At the top of the check was

handwritten: "Tebbie Singleton, 9506 Fieldview Drive,

Thonotosassa, Florida 3 3592, 850 - 577 - 6500." Mr. Singleton

claims that neither he nor Ms. Miller wrote the address on the

check, which was a starter check. The address that appeared on

the check was an address at which Mr. Singleton had previously

lived. Mr. Singleton's testim ony that neither he nor Ms. Miller

wrote the address on the check is not credible. The Department

had no record prior to the receipt of the check that

Mr. Singleton had ever resided at that address.

5. Ms. Miller's check was returned for insufficient fun ds.

Mr. Singleton explained that Ms. Miller, a 72 - year - old woman,

had her Social Security check deposited in the account and that

the money was used for bills so the account was overdrawn. As

of the date of the final hearing, Mr. Singleton had not paid t he

fine.

6. On January 21, 2009, the Department entered an

Emergency Order of Suspension because Mr. Singleton had failed

to pay the administrative fine of $5,000.00 as required by the

Final Order issued on August 26, 2008. The Emergency Order of

Suspens ion provides:

IT IS THERERFORE ORDER E D that all licenses,

appointments and eligibility for licensure

heretofore issued to Licensee, Tebbie

Singleton, within the purview of the

Department, are hereby SUSPENDED.

(a) You, TEBBIE SINGELTON, shall return

your license to the Division of Funeral,

Cemetery and Consumer Services within ten

(10) days of the issuance of the suspension.

(b) Your, TEBBIE SINGLETON'S, licenses

shall not thereafter be reinstated except

upon written request by you. Reinstatement

shall be conditioned upon your compliance

with all terms of the Final Order, including

payment of the administrative fine and upon

compliance with the terms of this

suspension.

(c) This suspension shall terminate upon

notice by the Department to the licensee

that the Department has received

satisfactory evidence that the licensee has

come into compliance with the Board's order.

The Department shall promptly provide said

notice to the licensee upon receipt of such

evidence.

(d) During the period of suspensio n, you,

TEBBIE SINGLETON, shall not engage in or

attempt or profess to engage in any

transaction or business for which a license

or appointment is required under the Florida

Funeral, Cemetery and Consumer Services Act.

7. Mr. Singleton has had odd jobs since the Final Order

imposing the fine, but Mr. Singleton has made no effort to make

even minimal payments on the fine. Instead, he tries to get

friends to help him pay his fine. He intends to get married

later on this year and thinks that his fiancée's family will

help him pay the fine. As of the date of this Recommended

Order, nothing has been submitted by Mr. Singleton that the fine

has been paid. He did state in his post - hearing submittal that

he had not paid the fine, but that he would be paying t he fine

within the next few days.

8. Prior to June 7, 2007, Mr. Singleton had provided the

Department with the following address for himself: 5607 North

Armenia Avenue, Tampa, Florida 33609. He changed his address on

June 7, 2007, to 8551 Manassas Road, Tampa, Florida 33635. On

or about August 3, 2009, Kurt Schuler, a financial specialist

with the Department, sent a letter to Mr. Singleton notifying

him of an investigation concerning allegations of his unlicensed

practice. The letter was sent to the Ma nassas Road address, but

was returned by the United States Postal Service as "unable to

forward." On October 8, 2009, Mr. Singleton filed a license

renewal with the Department and changed his preferred mailing

address to "5108 Mission Hill Drive, # 332, T ampa, Florida

33617." He had been living at the " 5108 Mission Hill Drive "

address since sometime in December 2008.

9. No evidence was presented concerning the allegations of

practicing with a suspended license as set forth in Count II of

the Administrative Complaint.

CONCLUSIONS OF LAW

10. The Division of Administrative Hearings has

jurisdiction over the parties to and the subject matter of this

proceeding. §§ 120.569 & 120.57, Fla. Stat. (2010).

11. The Department has the burden to establ ish the

allegations in the Administrative Complaint by clear and

convincing evidence. Dep't of Banking & Fin. v. Osborne Stern &

Co. , 670 So. 2d 932 (Fla. 1996).

12. The Department has alleged that Mr. Singleton violated

sections 497.152(1)(a), 497.152(4 )(h), 497.152(5)(b), and

497.152(5)(g), which provide:

This section sets forth conduct that is

prohibited and that shall constitute grounds

for denial of any application, imposition of

discipline, or other enforcement action

against the licensee or other p erson

committing such conduct. For purposes of

this section, the requirements of this

chapter include the requirements of rules

adopted under authority of this chapter. No

subsection heading in this section shall be

interpreted as limiting the applicabil ity of

any p aragraph within the subsection.

(1) GENERAL PROVISIONS. -- The generality of

the provisions of this subsection shall not

be deemed to be limited by the prov isions of

any other subsection.

(a) Violating any provision of this chapter

or any law ful order of the board or

department or of the statutory predecess ors

to the board or department.

* * *

(4) OBLIGATIONS TO REGULATORS A ND OTHER

GOVERNMENT AGENCIES. --

* * *

(h) Failing to perform any statutory or

legal obligation place d upon a licensee.

(5) LIMITATIONS ON SCOPE OF PRACTICE;

UNLICENSED PRACTICE.

* * *

(b) Practicing or attempting to practice

with a revoked, suspended, inactive, or

delinquent license.

* * *

(g) Using the name or title "funeral

director," "embalmer," "direct disposer," or

other title suggesting licensure that the

person using such name or title does not

hold.

13. The Department has established by clear and convincing

evidence that Mr. Sing leton violated sections 497.152(1)(a) and

497.152(4)(h) by failing to pay the administrative fine that was

imposed on him by the Department's Final Order dated August 26,

2008.

14. The Department presented no evidence concerning

violations of sections 497 .152(5)(b) and 497.152(5)(g); thus,

the Department has failed to establish these violations as set

forth in Count II of the Administrative Complaint.

15. The Department has alleged that Mr. Singleton violated

section 497.146, which provides:

Each licensee under this chapter is

responsible for notifying the department in

writing of the licensee's current business

and residence mailing address and the street

address of the licensee's primary place of

practice and shall notify the department in

writing within 30 days after any change in

such information, in accordance with

procedures and forms prescribed by rule.

Notwithstanding any other provision of law,

service by regular mail to a licensee's last

known address of record with the department

constitutes adeq uate and sufficient notice

to the licensee for any official

communication to the licensee by the board

or the department, except when other service

is expressly required by this chapter.

Rules may be adopted establishing forms and

procedures for licensees to provide the

notice required by this section.

16. The Department has alleged that Mr. Singleton violated

rule 69K - 21.055, which provides:

Each licensee and registrant shall provide

by mail written notification to the

Department the licenseeÓs current mailing

address and place of practice. The term

Ðplace of practiceÑ means the physical

location where the practice of the

profession occurs, and for a funeral

director in charge the place of practice is

the location designated where the funeral

director i s in charge.

17. The Department has established by clear and convincing

evidence that Mr. Singleton violated section 497.146 and

rule 69K - 21.055 by failing to provide the Department with

written notification of his current mailing address within

30 days after his address had changed. According to

Mr. Singleton, he had been living at the " Mission Hill Drive "

address since sometime in December 2008. He did not change his

mailing address until October 8, 200 9 , which was more than

30 days from the time he moved to the " Mission Hill Drive "

address and more than 30 days from the time that the

Department's letter addressed to the Manassas Road address,

which was the address on file for Mr. Singleton, was returned as

unable to be forwar ded.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that a final order be entered finding

that Mr. Singleton violated sections 497.152(1)(a),

497.152(4)(h), and 497.146 and rule 69K - 21.055; finding that

Mr. Singleton did not violate sections 497.152(5)(b) and

497.152(5)(g); imposing an administrative fine of $2,500.00;

suspending his license until he becomes complaint with the Final

Order issued on August 26, 2008 , and the payment of the fine

imposed in this case ; and placing him on probation for two years

after his suspension is lifted.

DONE AND ENTERED this 19th day of July , 2011 , in

Tallahassee, Leon County, Florida.

S

SUSAN B. HARRELL

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 19th day of July , 201 1 .

ENDNOTES

1/ Respondent used this address on his Election of Rights.

2/ The statutory provisions are the same for 2008 and for 2009.

All references are to the 2008 and/or 2009 versions, unless

otherwise stated.

COPIES FURNISHED :

Thomas A. David, Esquire

Department of Financial Services

200 East Gaines Street

Tallahassee, Florida 32399

Tebbie Singleton

5108 Mission Hills Avenue

Apartment 332

Tampa, Florida 33617

Doug Shropshire, Director

Division of Funeral, Cemetery, and

Consumer Serv ices

Department of Financial Services

200 East Gaines Street

Tallahassee, Florida 32399 - 0361

P. K. Jameson, General Counsel

Department of Financial Services

The Capitol, Plaza Level 11

Tallahassee, Florida 32399 - 0307

NOTICE OF RIGHT TO SUBMIT EXCEPTIO NS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.