STATE OF FLO DEPARTMENT OF BUSINESS AND PRO SIONAL REGUL BOARD OF FUNERAL DIRECTO > AND EMBALMERS © DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-06410 OI- 1341 BELLEVUE CEDAR HILL MEMORY GARDENS FUNERAL HOME, Respondent. ISTRATIVE CO} T Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (hereinafter Petitioner"), files this Administrative Complaint before the Board of Funeral Directors and Embalmers against BELLEVUE CEDAR HILL MEMORY GARDENS FUNERAL HOME, (hereinafter "Respondent"), and alleges: 1. Petitioner is the state agency charged with regulating the practice of funeral directing and embalming, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 470, Florida Statutes. 2. At all times material hereto the Respondent, Bellevue Cedar Hill Memory Gardens Funeral Home, was a licensed funeral home in the State of Florida, having been jssued license number FH 0001444. 3. The Respondent's address of record is 1425 Bellevue Avenue, Daytona Beach, Florida 32114. | 4. Board of Funeral Directors and Embalmers records indicate that Respondent did not have a funeral director in charge from approximately February 13, 2000 until approximately April 7, 2000.. 5. Respondent records indicate that on March 8, 2000, @ request was made by Eva MALKOCS that her deceased daughter Eva BOROS, also known as Baby Malkocs, be cremated, 6. Respondent's February 2000 Reports of Bodies Handled indicates that Baby Malkocs was buried. 7. Cedar Hill Crematory's March 2000 Report of Bodies Handled indicates that Eva BOROS was cremated on March 28, 2000, ~ . 8. On Friday, July 21, 2000, as part of a search warrant, the body of Eva BOROS ; was disinterred from the Bellevue-Cedar Hill Cemetery. . 9, In late March or early April 2000, Respondent's employees delivered cremains to Eva MALKOCS which were represented by employees and by an identification tag to be the cremains of ber daughter, Eva BOROS. COUNT I 10, Petitioner realleges and incorporates paragraphs one nine through as though fully set forth herein, | 11. Rule 61G8-2},008, Florida Administrative| Code, states that The Board office shall be notified in writing within twenty (20) days of any change in a funeral director in charge | (FDIC). The former FDIC, the new FDIC, and the funeral establishment shall be responsible for | filing such notice. 12. Section 470,036(1)(h), Florida Statutes, states that a violation or repeated violation of this chapter or of part I of chapter 455 and any rules promulgated pursuant thereto constitutes grounds for which disciplinary action may be taken. 13, Based on the foregoing, Respondent has violated Section 470.036(1)(h), Florida Statuies, by violating Rule 61G8-21.008, Florida Administrative Code, COUNT TT 14. Petitioner realleges and incorporates paragraphs one through nine as though fully set forth herein. 15. Section 470,036(1)(g), Florida Statutes, states that committing fraud, deceit, negligence, incompetency, or misconduct, in the practice of any of the activities regulated under this chapter constitutes grounds for which disciplinary action may be imposed. 16. Based on the foregoing, Respondent violated Section 470.036(1)(g), Florida Statutes. WHEREFORE, Petitioner respectfully requests 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 association with the investigation, imposition of any of all penalties delineated within Section 455,227(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. ww Signed this a7*” dayof__