Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF FUNERAL DIRECTORS AND EMBALMERS
Respondent: JOSEPH G. QUINN
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
LA AICOPL oA
. STATE OF FLORIDA Oy
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF FUNERAL DIRECTORS AND EMBALMERS< <2. 22 ny,
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION, Petty.
BOARD OF FUNERAL DIRECTORS Se GS
AND EMBALMERS, ~
Petitioner, A> O64] PL
vs. DBPR Case Number: 2001-03303
JOSEPH G. QUINN,
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 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 December 2000, Respondent embalmed the body of Madeline Post
which was received from Professional Transport Service.
6 Respondent did not receive the aforementioned body from a licensed funeral}
establishment.
7. The embalming release for the aforementioned body was substantially
incomplete, including:
a, Funeral home name is blank.
b. Signature of removal service is blank and undated.
c, Signature of funeral home is illegible.
d. Signature of funeral home is dated 5 days after Respondent’s signature.
COUNT I
8. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7)
as if fully set forth herein.
9. 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.
10. Based upon the foregoing, Respondent has violated Section 470.036(1)(g),
Florida Statutes, by taking possession of Madeline Post’s body based solely on the substantially
incomplete embalming release.
COUNT
It. Petitioner hereby realleges and incorporates paragraphs one {1) through seven (7)
as if fully set forth herein.
12. Section 470.036(1)(h), Florida Statutes, states in pertinent part that a violation or
repeated violation of this chapter or of chapter 455 and any rules promulgated pursuant thereto
constitutes grounds for disciplinary action.
13. "Based upon the foregoing, the Respondent has violated Section 470.036(1)(h),
Florida Statutes.
COUNT I
14, Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7)
as if fully set forth herein.
15. 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.
16. Based upon the foregoing, Respondent has violated Section 470.036(1)(t), Florida
Statutes, by embalming Madeline Post’s body based solely on the substantially incomplete
embalming release.
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.
Signed this Pad day of
FILED
Department of Business and Professional Regulation
AGENCY ‘CLERK
Chief Professions Attorney
Florida Bar Number 0909289
CuRK Soathy A Wewhomt on
DATE. le - 11-2002.
%
COUNSEL FOR DEPARTMENT:
Laura P. Gaffney
Assistant General Counsel
Florida Bar Number 437867
Department of Business and
Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-2202
(850) 414-8128
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Docket for Case No: 03-000604PL
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).
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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).
|
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)
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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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