Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF FUNERAL DIRECTORS AND EMBALMERS
Respondent: CAROL VAN ORSDEL
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Coral Gables, Florida
Filed: Mar. 22, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 21, 2000.
Latest Update: Dec. 23, 2024
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STATE OF FLORIDA Ge <
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULIC EON 25 a,
BOARD OF FUNERAL DIRECTORS AND EMBALMERS £745) 4 4)
GE
DEPARTMENT OF BUSINESS AND fog On *,
PROFESSIONAL REGULATION, Ope Cy
Ca
Petitioner,
vs. Case Number 98-21786 ¢
JOTRS
CAROL VAN ORSDEL,
Respondent.
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ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
(Petitioner), files this Administrative Complaint against CAROL
VAN ORSDEL, (Respondent), and says:
1. The Petitioner is the state agency charged with regulating
the operation of funeral and cinerator facility establishments,
and the practice of funeral directing and embalming, pursuant to
Section 20.165, Florida Statutes, and Chapters 455 and 470,
Florida statutes,
_2.. The Respondent is, and has been at all times material
hereto, a licensed funeral director and embalmer, having been
issued funeral director and embalming license FE 0003292.
3. The Respondent's last known address is 680 Curtiswood
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funeral director in
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__cinerator
4. At all times material hereto the Respondent was
an employee of, and/or a Corporate Officer, and/or a
supervisor, and/or manager of, Van Orsdel Mortuaries,
Inc. (hereafter Van Orsdel). Van Orsdel owns and/or
operates numerous funeral establishments in Dade County,
to include Van Orsdel Northside Funeral Chapel, and the
Van Orsdel Mortuaries, and also owns and/or operates the
Van Orsdel Crematory.
5. At all times material hereto, licensed funeral director
and embalmer Tom Nicolette, Florida funeral director and
embalming license FE 0003112, was employed by Van Orsdel.
Nicolette was a funeral director at the Van Orsdel Northside
Funeral Chapel, and/or the Van Orsdel Mortuaries, which are
licensed pursuant to funeral home establishment license FH
0000156, and co-located at 3333 NE 2°? Avenue, Miami, Dade
County, Florida 33137-3804.
6. As a Van Orsdel employee, Tom Nicolette was also the
“charge of supervision at the Van Orsdel _
Crematory, also known as Van Orsdel Crematory Company
acility, icensed pursuant
is a cinerator
(crematory), whic
to crematory license FC 0000092, and also located at 3333 NE
“Miami, Dade County, FL 33137-3804. —
“As the funeral director in charge of supervision at the
ility, Tom Nicolette was responsible for making
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“special
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sure the facility, its operations, and all persons employed in
the facility, complied with all applicable state and federal
laws and rules.
8. On or about June 29, 1995, two stillborn babies were
delivered: 1. A stillborn baby boy, named Sunny Gonzalez, 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.
9. 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 Northside Chapel and/or Van
Orsdel Mortuary and/or the crematory, on or about June 30, 1995.
10. Acting at the request of Mr. and Mrs. Gonzalez, their
friend, Kathy Bennett, contacted Van Orsdel and made arrangements
for Sonny Gonzalez's remains to be buried, to include paying van
Orsdel for the arrangements.
“ITY “Phe funeral ‘services for Sonny Gonzalez were planned for
July 1, 1995, at Miami Memorial Park cemetery, for burial in a
art of the cemetéry called Babyland. |
ng 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
“Magdalena Morales.
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Van Orsdel for the cremation and attendant costs.
13. Due to negligence at Van Orsdei, Magdalena Morales' remains
were prepared for burial, and were in fact buried, on July 1,
1995, at Miami Memorial Gardens, instead of Sonny Gonzalez's
remains.
14. 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.
15. 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.
16. The following week, on Friday, July 7, 1995, Van Orsdel
employee Ronald Siders went to his workplace at Van Orsdel, and as
part of his duties, was scheduled to cremate the remains of
17. expecting to find the
‘remains of Magdalena Morales, and instead found only the remains
of Sonny Gonzalez.
18. Mr. Siders quickly realized that a mistake had been made,
and the “wrong baby buried, and so informed Tom Nicolette.
19. “Nicolette then contacted ‘the Respondent, in her capacity as
a corporate officer of Van orsdel, “and/or in her capacity as a
supervi'soe and/or manager at van Orsdel, in the absence of her
Nicolette’ s plans to cremate their infant son.
wh . ed
brother, licensed funeral director Donald van Orsdel, and
discussed the situation with her.
20. After discussing the situation, the Respondent and Tom
Nicolette both agreed that it would be better not to tell the
parents the truth about the error in disposition of the remains of
the two infants, and that instead it would be best to simply leave
Magdalena Morales in Sunny Gonzalez's grave, and cremate Sonny
Gonzalez and give his cremains to Mr. and Mrs. Morales under the
guise that the cremains were really those of their daughter,
Magdalena Morales.
21. Tom Nicolette, with the knowledge, and/or permission,
and/or consent, of the Respondent, then personally cremated the
remains of Sonny Gonzalez, placed them ina box, labeled it
Magdalena Morales, and ‘allowed the ashes to be given to Magdalena
Morales’ father, Mr. Morales, on or ‘about July 17, 1995.
22. At no time did Mr. or Mrs. Gonzalez, or Cathy Bennett, give
verbal or written authorization for the cremation of Sonny
Gonzalez, nor were they ¢ told of the Respondent and Tom
23. The , Respondent allowed the cremains of Sonny Gonzalez to be
given to Mr. Morales, with full knowledge that the cremains were
Morales‘ daughter, Magdalena Morales.
24. On or about July ‘Lo™ or 11 1995, Tom Nicolette lied to
employee Ronald Siders, in an effort to cover up the actions he
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and the Respondent had taken. Nicoletté 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.
(25. At the time Nicolette made these representations to Mr.
Siders, he knew them to be untrue, and lied to cover up the truth
regarding the actions he and the Respondent had really taken
regarding disposition of the remains of the two infants.
26. 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.
27. The knowledge that the wrong baby had been buried in what
they thought was their son's grave was devastating to the
Gonzalez's, as was the knowledge that they had been deceived by
the Respondent, and/or Van Orsdel Crematory; and finally, that the
remains of their son had been cremated against their wishes and
without their consent by Nicolette, with the full knowledge of the
Respondent. _ . .
also provided Van Orsdel with a bag
-ems that. they wanted buried with Sonny
“Gon alez. These items were Gestroyed and/or ‘disposed of, by the
Respondent directly, or Py Nicolette with her | knowledge, and
without the ‘permission of the ‘Gonzalez! Ss.
29. only after Nicolette and/or the Respondent and/or corporate
bobbed ok
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officers at Van Orsdel, became aware that the parents of Magdalena
Morales, and/or Sonny Gonzalez knew the truth of what had
happened, did the Respondent reveal the true sequence of events as
outlined above.
30. The Respondent's actions in permitting, condoning,
authorizing, and/or failing to prevent Nicolette from: cremating
the remains of Sonny Gonzalez; deliberately mislabeling Sonny
Gonzalez's cremains as the cremains of Magdalena Morales; and
allowing them to be given to Mr. Morales under the guise that
they were in fact his daughter Magdalene’s cremains; were
deceptive, fraudulent, and untrue.
31. The Respondent took no action to notify the families of ©
either of the infants regarding the truth of what happened, and
had decided that it would be in the best interest of the two
families that they never be told the truth regarding the
disposition of the remains of the two infants. |
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.
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33. The Petitioner incorporates the allegations set forth in
paragraphs one through thirty-two as though fully set forth in
this Count I.
Sn
34. 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.
35. 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 II
36. The » Petitioner incorporates the allegations set forth in
paragraphs one through thirty-two though fully set forth in this
Count Il.
37. Based d upon the foregoing, the Respondent is guilty of
having violated Section 470.036(1)(g), Florida Statutes, by
committing “fraud, deceit, ; negligence, incompetency, ot misconduct
in the practice of funeral directing or embalming, funeral
“operation, cinerator facility operation or
refrigeration service operation.
COUNT III
38. The Petitioner ‘incorporates the allegations set forth in
paragraphs one through ‘thirty-two as though fully set forth in
this Count III.
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39. Section 470.0255 (1), Florida Statutes, states that at the
time of the arrangement for a cremation performed by any person
licensed pursuant to this chapter, the person contracting for
cremation services shall be required to designate his or her
‘intentions with respect to the disposition of the cremated remains
of the deceased in a signed declaration of intent which shall be
provided by and retained by the funeral or direct disposal
establishment. A cremation may not be performed until a legally
authorized person gives written authorization for such cremation.
The cremation must be performed within 48 hours after a specified
time, which has been agreed to in writing by the person
authorizing the cremation.
40. Based upon the foregoing, the Respondent violated Section
470.036(1) (h) by violating any provision of Chapter 470 and any
“rules promulgated pursuant thereto, to wit: violation of Section
470.0255(1), Florida Statutes, by her actions of authorizing
and/or permitting Nicolette to cremate the remains of Sonny
Gonzalez without the written permission of a legally authorized
person. —
COUNT iV.
Al. ‘The Petitioner incorporates the allegations set forth in
paragraphs one through. thirty-two as though fully set forth in
this Count IV.
practice,
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 V
43. The Petitioner incorporates the allegations set forth in
paragraphs one through thirty-two as though fully set forth in
this Count V.
44. Based upon the foregoing, the Respondent violated Section
470.036(1) (h), Florida Statutes, by violation of Chapter 455,
Florida Statutes, to wit: violation of Section 455.227(1) (i),
Florida Statutes, by failing to report the misconduct, fraud,
and/or violations of Chapter 470, Florida Statutes committed by
Tom Nicolette.
. 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 the Respondent’ s
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 associated with
investigation and prosecution, “imposition of any or all penalties
delineated
Statutes, and/or any other relief that the Board is authorized to
impose pursuant to Chapters 455, and/or 470, Florida Statutes,
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and/or the rules promulgated thereunder.
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Signed this Jd day of November 1999,
OMAS G. THOMAS
Chief Attorney
COUNSEL FOR DEPARTMENT: | / {: (8-97
Elizabeth Masters, Senior’ Attorridy
Florida Bar Number 401640
Department of Business and Professional Regulation
1940 N. Monroe Street
Tallahassee, Florida 32399-0792
Case # 98-21786 :
FILED
Department of Business and Professional Regulation
DEPUTY CLERK
cur Brandan Licht
“DATE lA- 3 “44
me Teen
Docket for Case No: 00-001238
Issue Date |
Proceedings |
Sep. 21, 2000 |
Case(s): 00-001237 |
Sep. 21, 2000 |
Order Closing File issued. CASE CLOSED.
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Sep. 01, 2000 |
Status Report to the Court (Petitioner) filed.
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Jul. 24, 2000 |
Order Granting Continuance and Placing Case in Abeyance sent out. (parties to advise status by ) 09/01/2000)
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Jul. 18, 2000 |
Petitioner`s Agreed Motion to Continue Formal Hearing and to Hold Proceedings in Abeyance (filed via facsimile)
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Jul. 03, 2000 |
Petitioner`s Notice of Substitution of Counsel (filed via facsimile)
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Jun. 30, 2000 |
Petitioner`s Requests for Admission to Respondent Carol Van Orsdel filed.
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Jun. 30, 2000 |
Petitioner`s Requests for Admissions to Respondent Nicolette filed.
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Jun. 30, 2000 |
Petitioner`s Notice of Service of First Set of Interrogatories filed.
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Jun. 30, 2000 |
Petitioner`s First Request for Interrogatories filed.
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Jun. 30, 2000 |
Petitioner`s First Request for Production of Documents filed.
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Apr. 12, 2000 |
Order of Pre-hearing Instructions issued.
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Apr. 12, 2000 |
Notice of Hearing sent out. (hearing set for August 1 through 4 and 7, 2000, 9:00 a.m.; Tallahassee) 8/1/00)
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Apr. 12, 2000 |
Order of Consolidation sent out. (Consolidated cases are: 00-001234, 00-001236, 00-001237, 00-001238)
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Apr. 10, 2000 |
Petitioner`s Motion to Consolidate Cases (Cases requested to be consolidated: 00-1236 through 001238 and 00-1234) filed.
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Apr. 10, 2000 |
Joint Response to Initial Order filed.
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Mar. 28, 2000 |
Initial Order issued. |
Mar. 22, 2000 |
Petition for Formal Hearing filed.
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Mar. 22, 2000 |
Administrative Complaint filed.
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Mar. 22, 2000 |
Agency Referral Letter filed.
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