STATE OF FLORIDA spy DEPARTMENT OF BUSINESS AND PROFESSIONAL ea 38 BOARD OF FUNERAL DIRECTORS AND ENpAKOERS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case Number 99-05927 JOHN RICHARD KNAPIK, Respondent. / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (Petitioner), files this Administrative Complaint against JOHN RICHARD KNAPIK, (Respondent), and says: 1. The Petitioner is the state agency charged with regulating the practice of funeral directing and embalming, operation of funeral establishments, and regulation of direct disposition and cinerator operation, 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 in the State of Florida, having been issued license number FE 0002490. 3. The Respondent's last known mailing address is 57 Cayuga Road, Sea Ranch Lakes, FL 33308-2928, 4. At all times material hereto the Respondent was a funeral director and embalmer and the operator in charge of Gulf Crematory. 5. At all times material hereto Gulf Crematory was a licensed cinerator facility, licensed pursuant to license number FC 0000181, and located at or about 410 Whitney Avenue, Lantana, FL 33462. | 6. As the operator in charge of the cinerator facility, the Respondent was responsible for . making sure the facility, its operations, and all persons employed in the facility complied with all applicable state and federal laws and rules. | 7. Gulf Crematory's functions involved picking up dead human bodies, having the bodies cremated, and then returning them to the funeral home that requested the cremation. 8. On or about the late evening of June 1, 1999, Gulf Crematory was damaged by fire. 9. The fire damaged the refrigeration and electrical capacity of the cinerator facility, and as a result the Respondent shipped the approximately 49 dead human bodies that were at Gulf Crematory at the time of the fire, to another crematory, Allen and Shaw, on or between June 2-4, 1999, for purposes of cremation. 10. Between June 2, 1999, and September of 1999, the Respondent and/or Gulf Crematory kept accepting dead human bodies for cremation, and took-the bodies to other licensed facilities for cremation. Following the cremation, Gulf Crematory and/or the Respondent would return and retrieve the cremains of the dead human bodies, and transport them back to the funeral home that hired them for cineration purposes. Allen and Shaw Crematory 11. Between June 2, 1999, and September of 1999, the Respondent and/or Gulf Crematory transported hundreds of bodies to Allen and Shaw Crematory, and also transported some remains to ABCO Crematory. 12. Allen and Shaw is a licensed cinerator facility, located at or about 13931 N.W. 20" Court, Opa-Locka, Miami, Dade County, Florida, and is owned by Verl Shaw. 13. When the initial 49 bodies were delivered to Allen and Shaw on or between June 2-4, 1999, four of the bodies were either unidentified or inadequately identified, and did not have a transit permit accompanying the body during shipment and/or delivery. 14. Mr. Shaw tried throughout June of 1999 to get the bodies identified properly, but had no success. . 15. On or about July 21, 1999, Department of Business and Professional Investigation (D.B.P.R.) Investigator (Inv.) Matthew Drummet, met the Respondent at Allen and Shaw to look at the bodies that were not properly identified, and observed the following deficiencies in identification of the bodies, and/or failure to have a burial transit permit: a) Human remains of infant Keyonta Weaver- The body of this infant was ina box, that stated only: MeWhite, 11/28/98, Plantation General. The infant did have an identifying tag around its waist, stating only "Weaver". There was no burial transit permit with the body, nor was there a burial transit permit with the body when it was delivered by the Respondent and/or Gulf Crematory to Allen and Shaw. b) Human remains later identified as Efrain Castro- The remains of Mr. Castro were not identified in any manner, or with any type of tag affixed, and the box that the remains were in only stated: Henry Julme, Emanual F.H., 3/18. Henry Julme was the name of the decedent's physician, and Emanual F.H. was the name of the funeral home handling the final arrangements. There was no burial transit permit with Mr. Castro's remains when they were delivered by the Respondent and/or Gulf Crematory to Allen and Shaw. c) Human remains of Florence Baginski- The remains of Florence Baginski were not marked in any manner, or with any identifying tag affixed to her remains. Her name was written on the end of the box she was transported in, and there was no burial transit permit accompanying the body at the time it was delivered by the Respondent and/or Allen and Shaw. d) Human remains of Robert Princilus- The remains of Mr. Princilus were not marked in any manner, but a toe tag was later found, not with the body. There was no burial transit permit accompanying the body at the time it was delivered by the Respondent and/or Allen and Shaw. 16. None of the four bodies were accompanied by a required completed burial-transit permit, issued in accordance with the provisions of Chapter 382, Florida Statutes, at they time they were transported and delivered to Allen and Shaw. 17. The four human remains did not have a tag or other means of proper identification that was encased in or consisted of durable and long-lasting material containing the name, date of birth, date of death, and social security number of the deceased. 18. At the time of removal and/or transportation of the four dead human bodies to Allen and Shaw, the Respondent failed to ensure that the remains were identified by a tag or other means of identification affixed to the ankle or wrist of the deceased. Additional Improperly Identified Bodies at Allen and Shaw 19, In or around July and August of 1999, three additional dead human bodies were . transported to Allen and Shaw by the Respondent and/or Gulf Crematory. 20. The three dead human remains were transported to Allen and Shaw for cremation. 21. None of the three dead human remains were accompanied by a burial transit permit. 22. None of the three dead human remains were marked by use of a tag or other appropriate marking. 23. Instead, the three dead human remains were marked by the Respondent and/or by Gulf Crematory by means of having their respective names and the name of the funeral establishment that they were taken from written on their legs in black marker, as follows: a) the dead human remains of Marian Blackburn were identified by black marker on her left leg stating "MARIAN BLACKBURN", and marker writings on her right leg stating "ALL FAMILY." The remains had no other identifying markings upon arrival at Allen and Shaw. b) The remains of Dorothy Kaplon were identified by black marker on the decedent's left leg stating "DOROTHY KAPLON", and on the right leg by "ALL FAMILY 7/29/99". The remains also had an identifying anklet. c) The remains of Hyman Buslo were received on July 15, 1999. His remains were identified by means of black magic marker on his left leg stating "HYMAN BUSLO" and markings on his right leg stating funeral home information. FACTS ON INSURANCE FRAUD 24, The Respondent agreed to pay Verle Shaw, owner of Allen and Shaw, $100.00 for each dead human body that was cremated by Allen and Shaw on behalf of the Respondent and/or Gulf Crematory. | 25. The Respondent had an insurance policy on Gulf Crematory, which for business purposes was also sometimes referred to by the Respondent, as Palm Beach Funeral Services, Inc., pursuant to policy number 0035385151 with Great Northern Insurance Company (Chubb Group), that included a business income and/or extra expense coverage. 26. This coverage provided that Great Northem Insurance would pay for expenses incurred by Gulf Crematory to continue to operate their business through other means while the damaged location was inoperable 27. After Allen and Shaw had cremated approximately 100 dead human bodies for the Respondent, and/or Gulf Crematory, the Respondent asked Verle Shaw to lie about the amount he was charging for the cremations, so that the Respondent could obtain additional money from his insurance company. 28. The Respondent asked Mr. Shaw to submit false bills to the Respondent and/or Gulf Crematory, falsely inflating the charge per cremation from the $100.00 agreed upon between the parties, to $150.00 per cremation. 29. The Respondent told Mr. Shaw that he needed Mr. Shaw to submit the false and inflated bills, so that the Respondent could obtain the extra $50.00 per cremation from his insurance company, and keep this extra money to pay off bills. 30. On or about June 23, 1999, the Respondent told Mr. Shaw that unless he submitted the falsely inflated bills, that the Respondent would not be able to pay him at all for the cremations. 31. Mr. Shaw initially refused to submit false paperwork. Subsequently, in July of 1999, the Respondent contacted the State of Florida Division of Insurance Fraud (Division), and after consulting with the Division, he complied with the Respondent's request that he submit falsely inflated bills. | 32. On or about Tune 29, 1999, the Respondent and Mr. Shaw discussed the submission of falsely inflated invoices during a telephone call that was tape recorded by the Division, and the Respondent admitted that the submission of false invoices would be fraudulent. 33. In July of 1999, Mr. Shaw submitted copies of invoices (13 pages) for the period beginning June 2, 1999 and ending July 10, 1999 to Gulf Crematory and/or the Respondent. The invoices falsely stated that the cost per body for cremation was $150.00 and reflected a total of 165 bodies cremated at the request of the Respondent and/or Gulf Crematory, for a total cost of $24,750.00. 34. After receiving the invoices from Mr. Shaw, the Respondent and/or Gulf Crematory, and/or the Respondent's wife, Gloria Knapik, acting with the knowledge of the Respondent, submitted the falsely inflated invoices to Great Northern Insurance with a request for payment of $24,750.00. 35. The invoices submitted to Great Norther reflected an inflated cost of $8,250.00. 36. Subsequent to the submission of the invoices for the $24,950.00, Mr. Shaw, again acting at the request of the Respondent, submitted additional false invoices for cremation charges for an additional 97 cremations performed by Allen and Shaw at the request of the Respondent. 37. The additional false invoices were for approximately $14,625.00, with an inflated amount of approximately $4,850.00 (fifty dollars inflation per cremation). PREMIER FUNERAL SERVICES REMAINS 38. On or about July 20, 1999, The Respondent met Inv. Drummet at licensed funeral establishment, Premier Funeral Services, Inc., where the Respondent had taken two dead human bodies for storage and/or embalming. 39. Neither body was identified, neither were accompanied by burial transit permits and one of the decedents, Ronald Williams was in a dirty and/or used body bag, which was labeled with a tag identifying the remains as "William C. Massey". 40. The remains were not of William C. Massey, but of Ronald Williams. 41. Neither of the two dead human bodies were accompanied by a required completed burial-transit permit, issued in accordance with the provisions of Chapter 382, Florida Statutes. 42. The two dead human remains did not have a tag or other means of proper identification that was encased in or consisted of durable and long-lasting material containing the name, date of birth, date of death, and social security number of the deceased. 43. At the time of removal and/or transportation of the two dead human bodies, the Respondent failed to ensure that the remains were identified by a tag or other means of identification affixed to the ankle or wrist of the deceased. ABCO CREMATORY 44. On or between July 19, 1999, and July 21, 1999, the Respondent transported several 7 bodies to a licensed crematory, ABCO Crematory, for the purpose of having them cremated. On several occasions he delivered bodies without the required burial transit permits. 45. On several occasions in July of 1999, the Respondent delivered dead human bodies to ABCO Crematory for the purpose of having them cremated, and the bodies that were delivered were only marked with a toe tag, and no other identifying marking. 46. The Respondent would send the burial transit permits by facsimile over to ABCO Crematory within a few days after the bodies were delivered. COUNT I 47. The Petitioner incorporates the allegations set forth in paragraphs one through forty-six as though fully set forth in this Count I. 48. Section 470.0315, Florida Statutes, provides that a dead human body may be transported only when accompanied by a properly completed burial-transit permit issued in accordance with the provisions of Chapter 382, Florida Statutes. 49. Based upon the foregoing, the Respondent is guilty of having violated Section 470.036(1)(h), Florida Statutes, by violating a provision of Chapter 470, Florida Statutes, to wit: violation of Section 470.0315, Florida Statutes by failing to have burial transit permits on Keyonta Weaver, Efrain Castro, Florence Baginski, and/or Robert Princilus, and/or other dead human bodies transported to Allen and Shaw crematory. COUNT 50. The Petitioner incorporates the allegations set forth in paragraphs one through forty-six as though fully set forth in this Count II. 51. Section 470.0355(1), Florida Statute, requires that the licensee or registrant in charge of the final disposition of dead human remains shall, prior to final disposition of such dead human remains, affix on the ankle or wrist of the deceased, or in the casket or alternative container or cremation container, proper identification of the dead human remains. The identification or tag shall be encased in or consist of durable and long-lasting material containing the name, date of birth, date of death, and social security number of the deceased, if available Ifthe dead human remains are cremated, proper identification shall be placed in the container or urn containing the remains. | 52. Section 470.0355(2), Florida Statutes, provides that any licensee or registrant responsible for removal of dead human remains to any establishment, facility, or location shall ensure that the remains are identified by a tag or other means of identification that is affixed to the ankle or wrist of the deceased at the time the remains are removed from the place of death or other location. 53. Based upon the foregoing, the Respondent is guilty of having violated Section 470.036(1)(h), Florida Statutes, by violating a provision of Chapter 470, Florida Statutes, to wit: violation of Section 470.0355(1) and/or 470.0355(2), Florida Statutes by failing to properly identify the remains of Keyonta Weaver, Efrain Castro, Florence Baginski, and/or. Robert Princilus. COUNT OI 54.. The Petitioner incorporates the allegations set forth in paragraphs one through forty-six as though fully set forth in this Count III. 55. Section 470.0315, Florida Statutes, provides that a dead human body may be transported only when accompanied by a properly completed burial-transit permit issued in accordance with the provisions of Chapter 382, Florida Statutes. 56. Based upon the foregoing, the Respondent is guilty of having violated Section 470.036(1)(h), Florida Statutes, by violating a provision of Chapter 470, Florida Statutes, to wit: violation of Section 470.0315, Florida Statutes by failing to have burial transit permits accompanying dead human bodies that were transported to Premier Funeral Services, Inc. COUNT IV 57. The Petitioner incorporates the allegations set forth in paragraphs one through forty-six as though fully set forth in this Count IV. 58. Based upon the foregoing, the Respondent is guilty of having violated Section 470.036(1)(g), Florida Statutes, by committing fraud, deceit, negligence, incompetency, or misconduct in the practice of funeral directing. COUNT V 59. The Petitioner incorporates the allegations set forth in paragraphs one through forty-six as though fully set forth in this Count V. 10 60. Section 455.227(1)(m), Florida Statutes, provides that the following acts shall constitute grounds for which the disciplinary actions specified in subsection 455.227(2), Florida Statutes, may be taken: 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 61. Based upon the foregoing, the Respondent is guilty of having violated Section 470.036(1)(h), Florida Statutes, by violating a provision of Chapter 455, Part I, Florida Statutes, to wit: violation of Section 455.227(1)(m), Florida Statutes, by committing insurance fraud. COUNT VI 62 The Petitioner incorporates the allegations set forth in paragraphs one through forty-six as though fully set forth in this Count VI. 63. Section 470.0315(4), Florida Statutes, requires that all dead human remains that are transported or stored must be completely covered and at all times treated with dignity and respect. . 64. Based upon the foregoing, the Respondent violated Section 470.036( 1)(h), Florida Statutes, by violating a provision of Chapter 455, Part I, to wit: violation of Section 470.0315(4), Florida Statutes by failing to treat dead human remains with dignity and respect as evidence by writing, and/or permitting and/or authorizing writing on the legs of decedent's Marian Blackburn, Dorothy Kaplon, and/or Hyman Buslo, as a means of marking their bodies. WHEREFORE, Petitioner respectfully requests that the Board of Funeral Directors and Embalmers enter an Order imposing one or more of the following penalties: revocation 11 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 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 Signed this / Y day of Me 2000.. ae y+ ‘THOMAS’G. THOMAS Chief Attorney promulgated thereunder. COUNSEL FOR DEPARTMENT: Elizabeth Masters, Senior Attorney Florida Bar Number 401640 Department of Business and Professional Regulation 1940 N. Monroe Street Tallahassee, Florida 32399-0792 Case #99-07547 F | LED P Dote ! a-1D- Department of Business and Professional Regulation 2c | te a 1-00 ’ DEPUTY CLERK , Rosiee ¥ Coleman DATE A- Aq -2000 12

Docket for Case No: 00-004723PL