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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF FUNERAL DIRECTORS AND EMBALMERS vs MARCELLA L. PIASECKI, 03-000598PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000598PL Visitors: 23
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF FUNERAL DIRECTORS AND EMBALMERS
Respondent: MARCELLA L. PIASECKI
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Fort Lauderdale, Florida
Filed: Jan. 17, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 16, 2003.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA “ir DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION O5 GKPL Petitioner, vs. DBPR Case Number: 2001-03775 MARCELLA L. PIASECK, Respondent. eee | ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . (“Petitioner”) files this Administrative Complaint before the Board of Funeral Directors and Embalmers (“Board”) against MARCELLA L, PIASECKI (“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-0004273 on August 14, 1997, 3. Respondent's address of record is 428 Ashwood Place-Windwood, Boca Raton, Florida 33431. 4, Respondent is the licensed funeral director in charge of record for Lynn University (hereinafter, "Lyon"), @ licensed centralized embalming facility. 5. On or about January 15, 2001 a contract was entered between AAN Eternal Star Cremation Society, Inc. and the family of Thomas Mamin (hereinafter, “Marnin") for the provision of cremation services for Mamin. 6. On the document entitled "Statement of Goods and Services Selected" there is no indication that embalming was selected or authorized for Marnin. 7. At the time of embalming, there was no embalming approved for Marnin by any authorized person. 8. On or about January 15, 2001, Respondent accepted Marnin's body for embalming from Professional Transport Service (hereinafter, "PTS"} 9. PTS received $110 for transportation of Marnin's body to Lynn. 10, Respondent did not receive Mamin's body from a licensed funeral establishment. 11. ‘The "Authorization Release" releasing Mamin's 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, 12, The deceased’s wife signed the authorization release approximately three (3) weeks after the death and cremation of Thomas Marnin. 13. Respondent's failure to verify the authorization for embalming for Marnin's body constitutes negligence or misconduct, COUNTI 14. Petitioner hereby realleges and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. 15. Based upon the foregoing, the Respondent has violated Subsection 470.036(1)(g), Florida Statutes, by committing fraud, deceit, negligence, incompetence or misconduct. COUN’ 16. Petitioner hereby realleges and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. 17. Based upon the foregoing, the Respondent has violated Subsection 470,036(1)(7), Florida Statutes, by taking possession of a dead human body without first having obtained written or oral permission from a legally authorized person. COUNT ION 18, Petitioner hereby realleges and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. 19. Based upon the foregoing, the Respondent has violated Subsection 470.036(1)(t), Florida Statutes, by embalming a deceased human body without first having obtained written or oral permission from a legally authorized person. 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. x « Signed this “Z4 = day of fos 2002. COUNSEL FOR DEPARTMENT: LAURA PATRICIA GAFFNEY Assistant General Counsel Florida Bar Number 4378671 Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2022 Tel. (850) 487.9656 Fax (850) 414.6749 LPG/ PCP: DEAKINS AND RALPH 4/24/2002 CASE NUMBER 2001-03 775

Docket for Case No: 03-000598PL
Issue Date Proceedings
Nov. 14, 2003 (Proposed) Order Allowing Substitution of Counsel filed.
Nov. 14, 2003 Stipulation for Substitution of Counsel (filed by , Esquire).
Oct. 31, 2003 Motion to Withdraw as Counsel for Marcella Piasecki and Joseph Quinn and Motion to Continue Hearing filed.
May 29, 2003 Letter to W. Todd Boyd from B. Ladrie enclosing stipulation for substitution of counsel and order filed.
May 16, 2003 Order Closing File issued. CASE CLOSED.
May 14, 2003 Joint Motion for Continuance (filed via facsimile).
May 06, 2003 Motion for Extension of Time (filed by M. Montenegro via facsimile).
Mar. 12, 2003 Letter to DOAH from R. Hurley requesting subpoenas (filed via facsimile).
Mar. 11, 2003 Order of Pre-hearing Instructions issued.
Mar. 11, 2003 Notice of Hearing issued (hearing set for May 21 through 23, 2003; 9:30 a.m.; Fort Lauderdale, FL).
Mar. 06, 2003 Response to Order Granting Motion to Reopen Cases (filed by C. Pellegrini via facsimile).
Mar. 05, 2003 Respondents` Response to Order Granting Motion to Reopen Cases (filed via facsimile).
Feb. 25, 2003 Order Granting Motion to Reopen Cases issued. (consolidated cases are: 03-000596PL, 03-000597PL, 03-000598PL, 03-000599, 03-000600, 03-000601, 03-000602PL, 03-000603PL, 03-000604PL)
Jan. 17, 2003 Motion to Reopen Consolidated Cases (filed via facsimile).
Jul. 25, 2002 Administrative Complaint filed.
Jul. 25, 2002 Election of Rights filed.
Jul. 25, 2002 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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