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: 19
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: Nov. 18, 2024
STATE OF FLORIDA “ir
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
O5 GKPL
Petitioner,
vs. DBPR Case Number: 2001-03775
MARCELLA L. PIASECK,
Respondent.
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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 |
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Nov. 14, 2003 |
(Proposed) Order Allowing Substitution of Counsel filed.
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Nov. 14, 2003 |
Stipulation for Substitution of Counsel (filed by , Esquire).
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Oct. 31, 2003 |
Motion to Withdraw as Counsel for Marcella Piasecki and Joseph Quinn and Motion to Continue Hearing filed.
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May 29, 2003 |
Letter to W. Todd Boyd from B. Ladrie enclosing stipulation for substitution of counsel and order filed.
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May 16, 2003 |
Order Closing File issued. CASE CLOSED.
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May 14, 2003 |
Joint Motion for Continuance (filed via facsimile).
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May 06, 2003 |
Motion for Extension of Time (filed by M. Montenegro via facsimile).
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Mar. 12, 2003 |
Letter to DOAH from R. Hurley requesting subpoenas (filed via facsimile).
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Mar. 11, 2003 |
Order of Pre-hearing Instructions issued.
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Mar. 11, 2003 |
Notice of Hearing issued (hearing set for May 21 through 23, 2003; 9:30 a.m.; Fort Lauderdale, FL).
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Mar. 06, 2003 |
Response to Order Granting Motion to Reopen Cases (filed by C. Pellegrini via facsimile).
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Mar. 05, 2003 |
Respondents` Response to Order Granting Motion to Reopen Cases (filed via facsimile).
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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)
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Jan. 17, 2003 |
Motion to Reopen Consolidated Cases (filed via facsimile).
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Jul. 25, 2002 |
Administrative Complaint filed.
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Jul. 25, 2002 |
Election of Rights filed.
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Jul. 25, 2002 |
Agency referral filed.
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Source: Florida - Division of Administrative Hearings
