Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF FUNERAL DIRECTORS AND EMBALMERS
Respondent: RAMONA R. TIMMER
Judges: DIANE CLEAVINGER
Agency: Department of Business and Professional Regulation
Locations: Daytona Beach, Florida
Filed: Apr. 12, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 11, 2001.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL sscul gi ©
BOARD OF FUNERAL DIRECTORS AND EMBALMERS&. OG - o
Ws frags Sy
DEPARTMENT OF BUSINESS AND Gs hy
PROFESSIONAL REGULATION, (
Petitioner,
VS. , Case No. 2000-06039 ~
OI-139 bb
RAMONA R. TIMMER,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
(hereinafter “Petitioner"), files this Administrative Complaint before the Board of Funeral
Directors and Embalmers against RAMONA R. TIMMER, (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, Ramona R. Timmer, was a licensed
direct disposer in the State of Florida, having been issued license number KA 0000301.
3. The Respondent's address of record is 460 Owasso Street, Daytona Beach, Florida
32114. .
4. Respondent acted as the supervising direct disposer for Cedar Hill Crematory
("Cedar Hill") from approximately February 2000 through June 30, 2000.
5. Subsequent to William MULLIS's (FE 000315 1) resignation from the position of
supervising direct disposer at Cedar Hill in June 16, 1999, the Board of Funeral Directors and
Embalmers has not received any letter designating a supervising direct disposer for Cedar Hill.
6. Beginning in approximately 1991 and ending in around June 2000, Cedar Hill
employee Leroy PARENT removed gold teeth and gold fillings from cremains and then sold
them.
7. On occasion throughout his employment from approximately 1991 until about
June 2000, Cedar Hill employee Leroy PARENT disregpectfully disposed of cremains by
scattering them from the back of a motorcycle.
COUNT I
8. Petitioner realleges and incorporates paragraphs one through seven as though
fully set forth herein.
9. Rule 61G8-22.006, Florida Administrative Code, states in pertinent part that each
cinerator facility shall designate in writing a supervising direct disposer withing 20 days of any
changes in such supervising direct disposer.
10. Section 470.019(2)(m), Florida Statutes, states in pertinent part that violating a
statute or administrative rule regulating practice under this chapter constitutes grounds for the
imposition of disciplinary action.
11. Based on the foregoing, Respondent has violated Section 470.019(2)(m), Florida
Statutes, by violating Rule 61G8-22.006, Florida Administrative Code.
QUNT II
12. Petitioner realleges and incorporates paragraphs one through seven as though
fully set forth herein.
13. Section 470.025(9), Florida Statutes, states that "Each cinerator facility shall be
under the general supervision of a licensed funeral director or registered direct disposer who
shall be responsible for making sure the facility, its operations, and all persons employed in the
facility comply with all applicable state and federal laws and rules."
14. Rule 61G8-22.004(4), Florida Administrative Code, states in pertinent part that
personal effects shall not be removed from the deceased without express written consent from
the authorized person.
15. Section 470.019(2)(m), Florida Statutes, states in pertinent part that violating a
statute or administrative rule regulating practice under this chapter constitutes grounds for the
imposition of disciplinary action. .
16. Based on the foregoing, Respondent has violated Section 470.019(2)(m), Florida
Statutes, by violating Rule 61G8-22.004(4), Florida Administrative Code.
COUNT IL
17. Petitioner realleges and incorporates paragraphs one through seven as though
fully set forth herein.
18. Section 470.025(9), Florida Statutes, states that "Each cinerator facility shal] be
under the general supervision of a licensed funeral director or registered direct disposer who
shall be responsible for making sure the facility, its operations, and all persons employed in the
facility comply with all applicable state and federal laws and rules."
19. — Rule 61G8-22.004(7), Florida Administrative Code, states: "The residual or
cremated remains and the separate container shall be disposed of according to the express written
instruction of the legally authorized person. If no instructions are given, the residual or cremated
remains shall be disposed of in a dignified and humane manner as authorized by law."
20. Section 470.019(2)(m), Florida Statutes, states in pertinent part that violating a
statute or administrative rule regulating practice under this chapter constitutes grounds for the
imposition of disciplinary action.
21. Based on the foregoing, Respondent has violated Section 470.019(2)(m), Florida
Statutes, by violating Rule 61G8-22.004(7), Florida Administrative Code.
|
WHEREFORE, Petitioner respectfully requests the Board of Funeral Directors and
Embalmers enter an order imposing one or hore 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 or 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 theretinder.
|
a“
wy .
Signed this 2 7* day of — fc breac x > 2006.
Agsistant General Counsel
FILED
Department of Business and Professional Regulation
COUNSEL FOR DEPARTMENT:
DEPUTY CLERK
sam Peart idle.
Joseph W. Malka
Assistant General Counsel DaTE . 3 — |3 - -A00!|
Florida Bar Number 0136514
Department of Business and
Professional Regulation
1940 North Monroe Street
Tallahassee, FL 32399-2022
Case # 2000-06039
JWM/tas
WP: (olenan(n a(Sullivar
g-lo
Eee Yo we
David K. Minacci
Docket for Case No: 01-001396PL
Issue Date |
Proceedings |
May 11, 2001 |
Order Closing File issued. CASE CLOSED.
|
May 10, 2001 |
Notice of Voluntary Dismissal (filed by Petitioner via facsimile).
|
May 03, 2001 |
Order of Pre-hearing Instructions issued.
|
May 03, 2001 |
Notice of Hearing issued (hearing set for June 19, 2001; 10:00 a.m.; Daytona Beach, FL).
|
May 02, 2001 |
Order of Consolidation issued. (consolidated cases are: 01-001387, 01-001389, 01-001396PL)
|
Apr. 12, 2001 |
Administrative Complaint filed.
|
Apr. 12, 2001 |
Agency referral Requesting a Hearing filed.
|
Apr. 12, 2001 |
Initial Order issued.
|