J STATEOF FLORIDA riLEED Powis Sara Lic DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ~ BOARD OF FUNERAL DIRECTORS AND EMBALMERBS JUL -S PH 2: [4 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, oe Petitioner, vs. | . Case Number 98-21655 ESTHER N. AJAO, 00-277 ef Respondent. / ADMINISTRATIVE COMPLAINT. The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (Petitioner), files this Administrative Complaint against Esther N. Ajao, (Respondent), and says: : 1. The Petitioner is the state agency charged with regulating the practice of funeral directing and embalming, and the operation of faneel establishments 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 i ate of Florida, having been issued funeral director and a i cade 3. Atall times material hereto, the Respondent was the licensed funeral director and embalmer in charge of Calvin Butler Memorial Funeral Home (Calvin Butler Memorial), located at 9801 NW 7p Avenue, Miami, Dade County, Florida, and was responsible ensuring that the funeral establishment and all persons employed in the establishment complied with all applicable laws and rules of the funeral Board. 4. The Respondent's last known address is 17330 NW 27" Avenue, Miami, FL 33056. . . _ 3. Rebecca Butler, also known as (a/k/a/) Clifstonia Butler, a/k/a/ Clifstonia Rebecca Mae Hills, a/k/a/ Clifstonia Rebecca Mae Hills Butler, alk/al Mae Hills, alk/al Clifstonia Rebecca Butler (hereafter Butler) was identified in Calvin Butler Memorial's application for licensure as a funeral establishment as the owner and/or the administrator for Calvin Butler Memorial. 6. At all times material hereto, Butler was the owner and/or administrator, of Calvin Butler Memorial. 7. At no time material hereto was Butler licensed as a funeral director, or in any capacity pursuant to Chapter 470, Florida Statutes. 8. On or about October 9, 1998, Mr. R.S. Pritchett Sr. died at the Miami Veterans Administration Medical Center, and his widow, Emma Pritchett, signed a written | authorization that designated Calvin Butler Memorial a as the funeral home designated to take . charge of funeral arrangements for the decedent. . 9. Mrs. Pritchett authorized the release and removal oft the decedent's remains to = Calvin Butler Memorial for the purpose of embalming i in her capacity as the decedent's next aa of kin. oe , 1998, Mrs, Pritchett and her relatives Alice Bethel - “and Yolanda Ferguson, went to Calvin Butler Memorial to make arrangements for the decedent's embalming, funeral, services, and subsequent transfer to Alabama for burial. Se, cree core : their calls or -contact for Bu er informing F er tha W : 11. During the course of making the arrangements on October 9, 1999, Mrs: Pritchett dealt solely with Butler, and the Respondent was iiot present, 12, Butler performed the services of a funeral director by performing the following acts: discussing prices for the funeral arrangements, displaying the caskets and explaining their costs, quoting prices for the funeral arrangements, agreeing to send over chairs, a memorial book and a podium to Mrs. Pritchett's residence to accommodate relatives who would be visiting the residence, and quoting Mrs. Pritchett a price of $4,000.00 as the cost for the funeral arrangements. 1. The Respondent wi was s not present at that meeting, 0 nor did Mrs. Pritchett have i any y discussions regarding the funeral arrangements with anyone other than Butler. 14. After Butler failed to deliver the cits, pom, and memorial book to Mrs. Pritchett’ residence, Mrs. Pritchett and/or her daughter Alice Bethel, made repeated calls to Calvin Butler Memorial. 15. Atm no time c on n October 10, 1998, or October 1 1, 1998, did the Respondent: return in any n manner. 16. After her calls were e not st returned between October 10, 1998, and October 1 1, 1998, Mrs. Pritchett ‘decid angements handled by Calvin Butler Memorial. She and/or Ms. Bethel left. a message at Calvin Butler Memorial e ody of, the decedent transferred to the ; > Martha B. Solomon Funeral Home. er eee ne te tee preparer tee wre reaper tgp eee yee cn pe a perme gg ep sia os eee 17, After the phone call, on or about October 12, 1998, Butler appeared at Mrs.Pritchett's residence and informed her and Ms. Bethel that she would not release the body until she was paid some type of professional charge. 18. At the time of Butler's arrival on October 12, 1998, at the residence, the Respondent had still not had any contact with the family, or returned any of their telephone calls. 19. Butler's demeanor was rude and unprofessional and she was emphatic in her refusal to release the body prior to receiving a professional charge. 20. On October 12, 1999, Department of Business and Professional ws Regulation @. B.P. PR) Investigator Clarence Ford received a telephone call from Sam Solomon, co-owner of Martha B. Solomon Funeral Home, informing him that they had contacted Calvin Butler Memorial and been notified that the body of the . decedent would not be released to their custody until the family paid for the embalming and removal services. 21. Inv. Ford contacted Butler who informed him that the amount owed to Calvin Butler Memorial was $395.00 for the embalming and the removal charges, _ and agreeing to release the body. In the i terim, Mrs. Pritchett and/or Ms. Bethel had been quoted ral different ‘Prices for the release of the body, with Butler -quoting a price ofa ~ few hundred dollars and then a price of $1,000.00. : ; 23. On October 12, "1998, the he family for the first time spoke to the funeral irector in c’ arge, Esther Ajoa, and was s told the cost would be ° $750. 00. _ 24, On October 12, 1998 at approximately 1:25 Pi m., the body had still » So Te mer gem MD MG not been released to the Martha B. Solomon Funeral Home, and Inv. Ford again spoke with Butler who stated emphatically that she would release the body upon receiving her money. . 25. The transfer of the remains did not take place until the afternoon of October 13, 1998, approximately 24 hours afier the initial request from the family. 26. All of the arrangements for the transfer were eventually made by Butler, not the Respondent. 27. The Respondent failed to supervise the activities of Butler, and/or failed to take appropriate steps to affect the timely release of the decedent's remains to his family, | 28. The Respondent aided and abetted the unlicensed activities of Butler by her failure to adequately take charge, and/or supervise the activities of the funeral home between October 9, 1999, and October 12, 1999. — 29. . Upon learning that Butler had made funeral arrangements with the family, and that she was refusing to release the decedent's remains, the Respondent failed to timely act to ensure the release of the decedent's remains. 30. Due to the Respondent's failure to perform her duties as the funeral arge of the establishment, it took the family approximately 24 hours to _secure the release of the decedent's r remains. od es =, . COUNTI I 31. The Petitioner i incorporates the allegations s set forth in n paragraphs one through thirty, as though fully set forth in this Count I. 32. Based upon the foregoing, the Respondent is guilty of having violated Section 470.036( 1)(g), Florida Statutes, by committing negligence, incompetency, or misconduct in ‘the practice of funeral directing.. COUNT IL 33. The Petitioner incorporates the allegations set forth in paragraphs one through “thirty, as though fully set forth in this Count II. ' 34. Based upon the foregoing, the Respondent violated Section 470.036(1)(n) Florida Statutes by aiding or abetting an unlicensed person to practice any licensed activity, to wit: aiding or abetting Butler in practicing funeral directing without a license. COUNT II 35. The Petitioner incorporates the allegations set forth in paragraphs one through twenty-three as s though fully set forth i in this Count UL 36. Based upon the foregoing, the Respondent violated Section 470. 036(1)(p) Florida a Statutes by refusing to surrender ‘Promptly the custody of a dead human body upon ‘thee express 5 order of the legally authorized person. time funeral director in charge shall be responsible for only one funeral establishment and SHR S oeR — ’ _— - if shall also be responsible for making sure the funeral establishment and all persons employed by the establishment comply with all applicable laws and rules of the board. 39, Based upon the foregoing, the Respondent violated Section 470.036(1)(h) by violating a rule promulgated pursuant to Chapter 470, to wit: Violation of Rule 61G8- 21. 00703) FAC. » by failing to take responsibility for supervision of the establishment and/or to failing to make sure that i its operator, Butler, did not engage in the unlicensed practice of funeral | directing. WHEREF( ORE, 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 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 associated with investigation and ‘prosecution, imposition of any or all penalties delineated within Sections 455 227(2) and a 470. 036(2) a and 470. 024(12), Florida Statutes, and/or any other relief that the Board is : authorized to impose pursuant to Chaps 455, and/ or 470, Florida Statutes, and/or the rules promulgated thereunder. FILED - Elizabeth Masters, Senior Attorney - ! on 77 Department of Business and Professional Regulation Florida B ar Number ess and Pr vf / ; DEPUTY CLERK ‘1940 N. Monroe mM, Tallahassee, Florida 32399-0792 tem Dra Hhichele Case # 98-21655

Docket for Case No: 00-002778PL