STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
STATE OF FLORIDA, DEPARTMENT OF ) PROFESSIONAL AND OCCUPATIONAL ) REGULATION; BOARD OF FUNERAL ) DIRECTORS AND EMBALMERS, )
)
Petitioner, )
)
vs. ) CASE NO. 75-094
)
DOUGLAS R. EVENUE, )
)
Respondent. )
)
RECOMMENDED ORDER
A hearing was held pursuant to notice on March 18, 1976 in the County Commission Chambers, Pinellas County Courthouse, Clearwater, Florida at 9:30
before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.
This matter arose upon the Motion to Show Cause and Administrative Complaint filed by Board of Funeral Directors and Embalmers (BFDE), against Douglas R. Evenue. The Administrative Complaint argues that Evenue violated Section 470.12(1) and (2) F.S. and Rule 21J-7.10 F.A.C. by:
Paying or causing to be paid valuable consideration, as a licensed embalmer and funeral director, to wit: the use of his name as a licensed embalmer and his services, to the State Society for Cremation in order to secure business from or through such organization.
Employing, retaining, or engaging said Society to solicit business for
him.
Offering an inducement, to wit: the use of his name as a licensed
person by said Society, for employing said Society for the purpose of acting as an agent or canvasser for the purpose of securing business; and further that the business getting plan scheme or device used by said Society was not fully recognized or approved by the funeral profession as standard funeral practice.
Engaging in misleading advertising designed to create the impression that said Society was a lawfully owned and operated funeral establishment within the meaning of Ch. 470, F.S.
Authorizing or lending the use of his license to said Society in order to permit said Society to pretend or represent it was legally qualified to perform funeral directing or embalming.
Signing and filing death certificates reflecting that said Society was a funeral establishment.
The Respondent requested a formal Hearing, and the BFDE referred the Matter to the Division of Administrative Hearings to conduct a formal Hearing pursuant to Section 120.57, F.S.
FINDINGS OF FACT
Respondent is a licensed Funeral Director and Embalmer.
Respondent was a full-time employee of State Society for Cremation, Inc.; hereinafter referred to as the Society.
Respondent's duties included picking up the deceased, transporting the deceased to the crematory, placing the deceased in a lined (container), placing the deceased in refrigerated storage for 48 hours as required by law, contacting the family, preparing paper work, signing death certificates, obtaining cremation permit, supervision cremation and disposal of the remains.
Respondent's picture together with information about the Society was published in a local paper as an advertisement. (See Plaintiff's' Exhibit D.)
Respondent did sign death certificates in block 25b; FUNERAL DIRECTOR, and the name of State Society for Cremation, Inc., was entered in block 25a, FUNERAL HOME - NAME AND ADDRESS.
Respondent called upon Mabel Jensen and Leonard Jensen and obtained their signatures on two contracts upon payment of $22 each, however, according to the Society's President, the Society never used door to door solicitation.
The Society maintains a specific location for the preparation and maintenance of dead human bodies prior to cremation and for its crematorium.
The Society did actively seek business by various means of directly contacting individual members of the public to include direct mailings and telephone solicitation, although telephone solicitation was stopped in October 1975.
CONCLUSIONS OF LAW
Funeral Directing is defined as the profession of directing and supervising funerals for profit, or the profession of preparing dead human bodies for burial or cremation by means other than embalming, or the disposition or shipping of dead human bodies, or the provision or maintenance of a place for preparation of dead human bodies. See section 470.01(3), F.S.
A funeral home is defined as a place at a specific street address or location where the profession of funeral directing is practiced. All such places shall have a chapel or parlor in which funeral services may be conducted, a preparation room for embalming, and a display room for caskets and funeral supplies. See Section 470.01(6), F.S.
A cemetery is defined as a burial park, mausoleum or a crematorium. See Section 470.01(5), F.S.
470.10(6), F.S. provides in pertinent part:
"Any person, corporation, or partnership owning or operating a funeral home coming
within the provisions of this chapter . . . .
may do so only through the services of a licensed funeral director and embalmer. No person not licensed as a funeral director or embalmer shall be permitted to perform the functions of a funeral director or embalmer as herein defined, "
Sections 470.10 and 470.30 make it clear that the Board licenses both funeral directors and embalmers and funeral homes. The funeral director is responsible for the conduct of the business of the funeral home. Section 470.30(4), F.S.
The Respondent asserts that he is not engaged in funeral directing, however, the evidence supports that he is so engaged because he is engaged in the preparation of dead human bodies for cremation. See Section 470.01(3), F.S.
The evidence supports the fact that the Society is a "funeral home," "mortuary", "funeral establishment," or "funeral chapel" as the term is defined by law. See Section 470.01(6), F.S.
The business carried on by the Society is that of funeral directing.
The Respondent has a state license to carry on such activities.
The Society, by directly contacting members of the public to seek business, violated the provisions of Section 470.12(2)(i), F.S.
The Hearing Officer further concludes that the Respondent, as the licensed funeral director, is responsible for all activities of said Society in carrying on its business of funeral directing. See Section 470.30(4), F.S.
The Hearing Officer has considered the advertisement, Plaintiff's Exhibit D, and finds that it is not misleading or inaccurate in any material respect based on the testimony presented at the hearing.
The Hearing Officer based on the foregoing findings of fact and conclusions of law recommends that the Respondent's license be revoked with consideration for reinstatement in six months.
DONE and ORDERED this 14th day of June, 1976.
STEPHEN F. DEAN
Hearing Officer
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
(904) 488-9675
COPIES FURNISHED: | ||
Douglas R. Evenue 4114 11th Street North St. Petersburg, Florida | 33701 | |
Mr. R. C. Blanton, Jr. Executive Secretary State Board of Funeral Directors and Embalmers | Kenneth F. Hoffman, Esquire Post Office Box 1872 Tallahassee, Florida 32302 |
G. Kenneth Norrie, Esquire 1300 Florida Title Building Jacksonville, Florida 32202
| Issue Date | Proceedings |
|---|---|
| Jun. 14, 1976 | Recommended Order (hearing held March 18, 1976). CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Jun. 14, 1976 | Recommended Order | Preparing body for cremation is funeral directing. Respondent illegally solicited memberships in cremation society. |
