STATE OF FLORIDA DEPARTMENT OF BUSINESS AND P' DEPARTME PROFESSIONAL REGULATION, Petitioner, tas vs. : . Case Number 98-21787 OOT2S 7 DONALD VAN ORSDEL, ' Respondent. [os ADMINISTRATIVE COMPLAINT 7 aes ‘The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, : (Petitioner), files this Administrative Complaint against 1. The Petitioner is the state agency charged with regulating the operation of funeral establishments, cinerator facility operation, and the practice of funeral directing and to Section 20.165, Florida Statutes, and Florida Statutes. © SR ll a lL 2. The Respondent is, and has been at all times material a licensed funeral director and embalmer, having been Allie ~heret 4 - issued funeral director and embalming license FE 0001941. The Respondent's last known address is 1215 Mariola_ Court, Coral Gables, FL 33134-6263. eer tall oe Bik i calles lle i, iil all lll - delivered: ‘1. A stillborn baby boy, named Sunny Gonzé ereto the Respondent was Corporate officer and/or partner, and/or part-owner, and/or manager or supervisor, of Van Orsdel Mortuaries, Inc. (hereafter Van Orsdel) and/or Van Orsdel Crematories Inc., also known as Van Orsdel Crematory Company. 5. Licensed Funeral Director Thomas A. Nicolette, an . employee of Van Orsdel, was the funeral director in charge of supervision at the Van Orsdel Crematory Company, and/or Van Orsdel Crematory, Inc. (Crematory), which are licensed _ pursuant to crematory license FC 0000092, and located at. 3333 NE 2™ avenue, Miami, FL 33137-3804. 6. On or about June 29, 1995, two stillborn babies were son of Liza Rodriguez (now Liza Gonzalez, and hereafter referred to as Mrs. Gonzalez) and Frank Gonzalez, was delivered at South Miami Hospital; 2. A stillborn baby girl, named Magdalena Morales, daughter of Magda and Jose Morales, was delivered at Mercy Hospital in Miami. a The respective families chose Van Orsdel to handle the necessary funeral arrangements, and the remains of both - of the babies were transported to Van Orsdel on or about June 30, 1995. 8. Acting at the request of Mr. and Mrs. Gonzalez, their _ friend, Kathy Bennett, contacted Van Orsdel and made a al al on . July 1, 1995, at Miami Memorial Gardens, instead of Sonny: arrangements for Sonny Gonzalez's remains to be buried, to include paying Van Orsdel for the arrangements. 9. The funeral services for Sonny Gonzalez were planned for July i, 1995, at Miami Memorial Park cemetery, for burial in a special part of the cemetery called Babyland. 10. Acting at the request of Mr. and Mrs. Morales, their friend, Carie Madera, contacted Van Orsdel and made arrangements for Magdalena Morales' remains to be cremated, to include paying Van Orsdel for the cremation and attendant costs. 11. Due to negligence at Van Orsdel, Magdalena Morales’ remains were prepared for burial, and were in fact buried, on Gonzalez's remains. 12. Despite the fact that the remains of Magdalena were clearly identifiable, to include having an identifying tag affixed to the body, and were clearly not the remains of an infant boy, the error was not discovered by Van Orsdel prior --to the burial. 13. Mr. and Mrs. Gonzalez attended the funeral service for Sonny Gonzalez, not knowing that the wrong remains were being buried in their son's burial plot. Orsdel employee Ronald Siders went to his workplace Orsdel, and as | Part ° is duties, was scheduled ‘to cremate the remains of Magdalene Morales. 15. Mr. Siders went to the cooler, expecting to find the remains of Magdalena Morales, and instead found only the remains of Sonny Gonzalez. 16. Mr. Siders. quickly realized that a mistake had been made, and the wrong baby buried, and so informed Nicolette. 17. Nicolette then contacted the Respondent's sister, Carol Van orsdel, a corporate officer of Van orsdel Mortuaries,-Inc...and discussed the. situation with her. 18. . After discussing the situation with Carol Van orsdel, “it was decided that instead of informing the parents of the or, it would be up and not tell the parents the truth about the error in disposition of the remains of the two infants. 19. Tom Nicolette then personally cremated the remains of Sonny Gonzalez, placed them in a box, labeled it Magdalena Morales, and allowed the ashes to be given to ) Magdalena Morales! father, Mr. Morales, on or about July 17, 1995. “220. At no ‘time did Mr. or Mrs. Gonzalez, or Cathy Bennett, give verbal or sr written authorization for tl the cremation of Sonny Gonzalez, nor were they told of Tom Nicolette's plans to cremate their infant son. to be | iven to Mr. Morales, “with full knowledge that the cremains were not. those of Mr. Morales' daughter, Magdalena Morales. 22. On or about July 10" or 11° 1995, Tom Nicolette lied to employee Ronald Siders, in an effort to cover up his actions. Nicolette told Mr. Siders that the mistake had been remedied over the weekend (July 8-9, 1995) by having the . remains of Magdalena Morales exhumed, and burying Sonny Gonzalez in the plot at Babyland instead. 23. At the time Nicolette made these representations to Mr. Siders, he knew them to be untrue, and lied to cover up ng the actions he h had really taken reg disposition o of the remains of ‘the t two infants. 24. Mr. Siders contacted an attorney, and told him about the switch of remains, and as a result the Gonzalez's quickly learned the truth of what had happened. ‘the wrong baby had been buried in what they thought | was their son's grave ‘was devastating to the Gonzalez! Sr as was ‘the knowledge that they had been . deceived by, Van Giada ‘and finally, that the remains of their son had cre ated against their wishes and without e consent of Carol ; E t b t also provided Van ‘orsdel_ with 3 bag filled with sentimental items that they wanted buried with Sonny Gonzalez. These items were destroyed and/or disposed of, by Van Orsdel without the permission of the Gonzalez's. 27. On or about Monday, July.17, 1995, the Respondent returned from vacation, and his sister, Carol Van Orsdel, told him about the mixup regarding disposition of the remains of Sonny Gonzalez and Magdalena Morales, and the chain of ‘events and/or actions set forth in paragraphs six through twenty-three, to include the actions that had been taken by Tom Nicolette and/or Carol Van Orsdel, to cover up the error the infants. 28. On or about July 17% ox July 18, 1995, the Respondent was also informed by Tom Nicolette of the events, decisions, and/or actions set forth in » Peragrapns six * through twenty- ; three above. 29. “After discussing the facts of the situation with Nicolette and/or Carol Van Ozsdel, and reviewing the files concerning disposition of the remains of Sonny Gonzalez and the Re Magdalena Morales action. 30. The Respondent decided to leave the situation cee ayn ree the disposition of the remains of the infants. 31. The Resende ea no action to notify the families of either of the infants regarding the truth of what happened - once he learned the truth of what had happened. 32. The Respondent did not report the truth of what had ! happened regarding the disposition of the remains of the infants to any State, Federal or local agency, to include the “State of Florida ‘Board. of Funeral Directors and Embalmers. 33. Only after the’ Respondent became aware that the _parents of Magdalena Morales, and/or Sonny Gonzalez knew the truth. of what had happened, did the Respondent reveal the 34. The Respondent $ actions in ratifying the misconduct of Tom Nicolette, to wit: ratifying his conduct of cremating the remains of Sonny Gonzalez , deliberately mislabeling Sonny Gonzalez's cremains as the cremains of Magdalena - Morales, and allowing then to be given to “ur. Morales ander the guise ‘that they were in ‘fact his daughter Magdalena’ s cremains, were deceptive, fraudulent, and untrue. Le the Respondent could have revealed the ‘truth 1 of what t happened at van orsdel ‘during his absence he “chose not and by his inaction he furthered the deception that “had been “started by Nicolette and (Carol Van Orsdel. COUNT I 36. The Petitioner incorporates the allegations set - forth in paragraphs one through thirty-five as though fully set forth in this Count I. 37. Section 455.227(1) (m), Florida Statutes, provides that making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession “are act(s) which shall constitute grounds for discipline as. . specified in Section 455.227(2), Florida Statutes. 38. Based upon the foregoing, the Respondent violated Section, 470. -036(1) (a), Florida. Statutes by violating a provision of Section 455.227(1), Florida Statutes, to wit: Section 455.227(1) (m), Florida Statutes. ‘COUNT [Ir 39. The Petitioner — incorporates the ellegations | set _ forth in gree reigns through thirty- five as » though fully “set forth in this Count II. funeral establishment operation, cinerator facility operation misconduct in the practice of funeral directing or embalming operation. cour rir 41. The Petitioner incorporates the allegations set set. forth in this Count III. 42. Based upon the foregoing the Respondent violated Section 470.036(1) (k), Florida Statutes, by misrepresentation or fraud in the conduct of the business of or profession of the licensee. count Iv 43. The Petitioner incorporates the allegations set forth in Paragraphs one ‘through thirty- five as though folly. set forth ‘this Count Iv. 44, Section 455. 227(1) (4), Florida ‘Statutes, provides that it shall constitute grounds for discipline for which disciplinary actions specified in Section 455.227(2), Florida Statutes for a ‘Licensee to fail to report to the ‘Department any person who the. dicen as in violation of Chapter 455, Florida ‘Statutes, the chapter regulating the alleged violator (Chapter 470), or “the rul Of | the Department or the Board of Funeral Directors ‘and. Embalmers. upon the foregoing, the Respondent ‘violated y(n), Florida | catutes, by violation of. ‘forth in 1 paragraphs « one “through thirty- five as though fully e knows 7 _ or ida ‘Stat ates, to wit: folation of, Sec 455. 227(1) (4), Florida statutes, by failing to report. the misconduct, fraud, and/or violations of Chapter 470, . Florida Statutes committed by Tom Nicolette and/or Carol Van Orsdel. , | WHEREFORE, Petitioner respectfully requests that the “Board of Funeral Directors and Embalmers enter an Order : imposing one or more of the following penalties: revocation or suspension of the Respondent’ s license, restriction of. ene Respondent’ s practice, imposition of an administrative fine not to exceed $5,000 per violation, issuance of a reprimand, * -placement of the Respondent on probation, assessment of costs -absbclated with investigation and prosecution, imposits any or all penalties delineated within Sections 455.227(2) and 470.036(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 455, and/or 470, Florida Statutes, and/or the rules ; ‘ promulgated thereunder. ‘Signed this is St day of November 1999, tiie _ Department of Business and Professional Regulation ~ DEPUTY CLERK THOMAS G. MAS Chief Attorney TR een mae een __ COUNSEL FOR DEPARTMENT: ; hae Elizabeth Masters, Senior MEG Florida Bar Number 401640 Department of Business and Professional Regulation 1940 N. Monroe Street Tallahassee, Florida 32399-0792 Case # 98-21787 a epee epson gp ' SO RR ren ST ee

Docket for Case No: 00-001237