‘ } + STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION? Mig & Oo BOARD OF FUNERAL DIRECTORS AND EMBALMERS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF FUNERAL DIRECTORS AND EMBALMERS, Petitioner, vs. DBPR Case Number: 2001-03212 JOSEPH G. QUINN, Respondent. / ee ADMINISTRATIVE COMPLAINT ADMINS Ry Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION | (“Petitioner”) files this Administrative Complaint before the Board of Funeral Directors and Embalmers (“Board”) against J OSEPH G. QUINN (“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 as a funeral director and embalmer in the State of Florida, having been issued license number FE-0003950. 3. Respondent’s address of record is 1551 Northeast 40th Street, Fort Lauderdale, Florida 33334. 4. Respondent is a licensed funeral director for Lynn University. 5. In or around January 2001, Respondent embalmed the body of Thomas Marnin which was received from Professional Transport Service. 1 6. Respondent did not receive the aforementioned body from a licensed funeral establishment. 7. The paperwork releasing the aforementioned body to Respondent was substantially incomplete, including: a. Authorization release is not dated. b. Authorization release does not indicate signatory’s relationship to the deceased. 8. The deceased’s wife signed the authorization release approximately three (3) weeks after the death and cremation of Thomas Marnin. COUNT I 9. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 10. Section 470.036(1)(g), Florida Statutes, states in pertinent part that committing fraud, deceit, negligence, incompetency, or misconduct, in the practice of any of the activities regulated under this chapter constitutes grounds for disciplinary action. 11. Based upon the foregoing, Respondent has violated Section 470.036(1)(g); Florida Statutes, engaged in misconduct by taking possession of Thomas Marnin’s body based solely on the substantially incomplete authorization release form. COUNT IL 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 13. *Section 470.036(1)(t), Florida Statutes, states in pertinent part that embalming a deceased human body without first having obtained written or oral permission from a legally authorized person constitutes grounds for disciplinary action. 14. Based upon the foregoing, Respondent has violated Section 470.036(1)(0), Florida Statutes, by embalming Thomas Marnin’s body based solely on the substantially incomplete authorization release form. 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 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. P Signed this Ws day of 2002. AY Str: hea Gail Scqtt-Hill Chief Professions Attorney Florida Bar Number 0909289 COUNSEL FOR DEPARTMENT: F l [L E D Laura P. Gaffney Départment of Business and Professional Regulation Assistant General Counsel AGENCY CLERK Florida Bar Number 437867 Department of Business and Professional Regulation 1940 North Monroe Street CLERK Soa a 4 ° (Wout oy 3 vate. WoL? 200 ® Tallahassee, Plorida 32399-2202 (850) 414-8128 GSH:LPG/kms pep: Qeains dec (ohy dlaufoa

Docket for Case No: 02-002959PL