STATE OF FLORIDA a DEPARTMENT OF BUSINESS AND PROFESSION ease BOARD OF FUNERAL DIRECTORS AND E IS PH fs 49 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2001-07054 BARRETT FUNERAL CHAPEL, Respondent. / ee ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Petitioner”), files this Administrative Complaint before the Board of Funeral Directors and Embalmers (“Board”) against BARRETT FUNERAL CHAPEL (“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, Respondent was licensed in the State of Florida as a funeral establishment, license number FH 0000716. 3. Respondent’s address of record with the Department is 2305 Henderson Ave., Ft. Myers, Florida 3391 6. 4. At all times material hereto, Horace N. Barrett, Sr. was a licensed funeral director and embalmer, license number FE 0000983 and Horace Barrett, Jr. was a licensed funeral director and embalmer, license number FE 0001945. 1lof4 \WBPRTLFPO2SECShared\OGC\Funeral Board\ACs\Barrett 2001-07054 ac.doc 5. On February 23, 2000, Walter Sloan died; Annette Sloan contacted Respondent and requested that her husband’s body be picked up. 6. Annette Sloan instructed Respondent not to embalm Walter Sloan. 7. On February 26, 2000, Respondent released Walter Sloan to Hickson Funeral Home. 8. Walter Sloan had been neither embalmed nor refrigerated, and had started to decompose. COUNT ONE 9. Petitioner realleges and incorporates Paragraphs One through Eight as if fully set forth herein. 10. Section 470.0315(2), Florida Statutes, states that a dead human body may not be held in any place or in transit over 24 hours after death or pending final disposition unless the body is maintained under refri geration at a temperature of 40 degrees Fahrenheit or below or is embalmed or otherwise preserved in a manner approved by the board in accordance with the provisions of Chapter 470. 11. Section 470.036(1)(0), Florida Statutes, states that any violation of any state law or rule or municipal or county ordinance or regulation affecting the handling, custody, care, or transportation of dead human bodies constitutes grounds for which disciplinary action may be taken. 12. | Based upon the foregoing, by failing to comply with Section 470.0315(2), Florida Statutes, Respondent violated Section 47 0.036(1)(0), Florida Statutes. 2 of 4 \\WBPRTLFPO2\SECSharehhOGO Funeral Board\ACs\Barrett 2001-07054 ac.doc COUNT TWO 13. Petitioner realleges and incorporates Paragraphs One through Eight as if fully set forth herein. 14, 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 Chapter 470 constitutes grounds for which disciplinary action may be taken. 15. Based on the foregoing, Respondent violated Section 470.036(1)(g), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board enter an order imposing one or more of the following penalties: revocation or suspension of Respondent's license, imposition of an administrative fine not to exceed five thousand dollars ($5,000.00) for each count or separate offense, issuance of a reprimand, placement of Respondent on probation, restriction of Respondent’s authorized scope of practice, assessment of costs associated with investigation and prosecution, 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 thereunder. Signed this Z3a day of ani 2002. jn S eth thd Gail Bcott-Hill Lead Professions Attorney FILED COUNSEL FOR DEPARTMENT: Department of rales and Professional Regulation CHARLES F. TUNNICLIFF EPUTY CLERK 3 of 4 Bardot \BPRTLFPO2SECShared\OGC\Funeral Board ACe\Barrett 2001-07054 ne.doe of curred tard Tlechalt DATE 5- 3I- 2002 Assistant General Counsel Florida Bar No. 153831 Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2022 Telephone: (850) 487-9656 Facsimile: (850) 414-6749 GSH:CFT/Ica ia aa osfry/o R “ Cohimma~, Kolph , Eenrger 40f4 \BPRTLFPO2\SECShared\OGC\Funeral Board\ACs\Barrett 2001-07054 ac.doc

Docket for Case No: 02-002932