DA- 30// PL ? STATE OF FLORIDA aA mo, an DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, af ? BOARD OF FUNERAL DIRECTORS AND EMBALMERS , we 9 pe _ nahi lt Ip, DEPARTMENT OF BUSINESS AND y ; “T] PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2001-01405 CLYDE L. CHANDLER III, 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 CLYDE L. CHANDLER, (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, Respondent was licensed as a funeral director in the State of Florida, license number FE 0001430. 3. Respondent's address of record is 1560 6th Street, Sarasota, FL 34236. 4. At all times material hereto, Chandler’s Funeral Chapel (CFC) was owned by Respondent. 5. At all time material hereto, Todd Chandler (Chandler) was an employee of CFC. 1 of 6 \WBPRTLFPOASECShared\OGC\Funeral Board\ACs\Chandler 2001-01405 AC.doc 6. On or about February Chandler buried a bag of human body parts, known to be in the possession of the Respondent, in a shallow hole in the Woodlawn Cemetery located at 1900 10th Way, Sarasota, FL. 7. On or about February 15, 2001, a Department investigator conducted an inspection of Respondent establishment. 8. The Department investigator discovered that Respondent establishment did not retain cremation arrangement records for at least two years. 9. Respondent’s written agreements with customers did not contain customer signatures. 10. Within one month, a Department investigator conducted a re-inspection of Respondent establishment observed the following: a. Preparation room had no refrigeration room or written contracts for refrigeration or storage. b. Preparation room contained an operating table with a porous surface. c. Preparation room was in an unclean/unsanitary condition. d. Respondent did not require customer signatures of at need and pre-need contracts/agreements. 1 1. Section 470.036(1)(h), Florida Statutes, states that a violation of Chapters 455 or 470, Florida Statutes, or any rules promulgated pursuant thereto constitute grounds for which disciplinary actions may be taken. 12, Rule 61G18-21.007(3), Florida Administrative Code, states in pertinent part that the funeral director in charge shall be responsible for making sure the funeral establishment and all persons employed in the establishment comply with all applicable laws and rules of the Board. 2 of 6 \WBPRTLFPO2\SECShared\OGC\Funera! Board\ACs\Chandler 2001-01405 AC.doc COUNT ONE 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen, as though 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, Florida Statutes, constitute grounds for which disciplinary actions may be taken. 15. Based on the foregoing, Respondent has violated Section 470.036(1)(g), Florida Statutes. COUNT TWO 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen, as though fully set forth herein. 17. 61G8-21.003(1), Florida Administrative Code, states that all funeral establishments shall have either a refrigeration room for the storage of dead human bodies, or written arrangements for the refrigeration and storage of dead human bodies, or a preparation room properly equipped with the following, among other things: (b) Operating table with non-porous surface; (h) Room shall be maintained in a clean and sanitary condition. 18. Based on the foregoing, Respondent has violated Section 470.036(1)(h), Florida Statutes through a violation of 61G8-29.003(1)(b) and (h), Florida Administrative Code. COUNT THREE 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen, as though fully set forth herein. 3 of 6 \WBPRTLFPO2\SECShared\OGC\Funeral Board\ACs\Chandler 2001-01405 AC.doc 20. 61G8-21.006, Florida Administrative Code, states that all funeral establishments shall retain copies of all signed at need and pre-need contracts and written agreements used in making arrangements for final disposition of dead human bodies for at least two years after such final disposition. Such establishments shall also retain, for at least two years, copies of the final bill and other written evidence of agreement or obligation furnished to customers. 21. Based on the foregoing, Respondent has violated Section 470.036(1)(h), Florida Statutes through a violation of 61G8-21.006, Florida Administrative Code. COUNT FOUR 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen, as though fully set forth herein. 23. Rule 61G8-30.001(2), Florida Administrative Code, states that all funeral establishments involved in arrangements for cremation of deceased persons shall retain and make available for inspection by the Department records pertaining to each cremation arranged by the funeral establishment. Cremation records shall be retained for a period of at least two years and . shall include, but not be limited to the following: a. Signed declaration of intent, b. Date of cremation; Cc. Disposition of cremated remains; and d. Contract for funeral/cremation arrangements. 24. Based on the foregoing, Respondent has violated Section 470.036(1)(h), Florida Statutes through a violation of 61G8-30.001(2), Florida Administrative Code. 4 of 6 \BPRTLFPO2\SECShared\OGC\Funeral Board\ACs\Chandler 2001-01405 AC.doc COUNT FIVE 25. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen, as though fully set forth herein. 26. Section 470.035(5), Florida Statutes, states that failing to include immediately below the items required by subsection (3) the signatures of the customer and the funeral director and the date signed, constitute grounds for which disciplinary actions may be taken. . 27. Based on the foregoing, Respondent has violated Section 470.035(5), 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 La “aay of fprut 2002. FILED Department of Business and Professianal Raquiatian DEPUTY CLERK OLERK Paardatl tices oe D = A- 2002 ott-Hill, Esq. Lead Professions Attorney 5 of 6 \BPRTLFPO2\SECShared\OGC\Funeral Board\ACs\Chandler 2001-01405 AC.doc COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Esq. Florida Bar No. 153831 Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2202 Telephone: (850) 488-0062 Facsimile: (850) 414-6749 Case # 2001-01401 PCP: 08/16/2001 ABC, JR, and ES GSH: CFT/oho \\BPRTLFPO2\SECShared\OGC\Funeral Board\ACs\Chandier 2001-01405 AC.doc 6 of 6

Docket for Case No: 02-003011PL