Petitioner: DEPARTMENT OF FINANCIAL SERVICES, BOARD OF FUNERAL, CEMETERY, AND CONSUMER SERVICES
Respondent: MORNING GLORY FUNERAL CHAPEL OF ST. PETERSBURG
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Financial Services
Locations: Largo, Florida
Filed: May 22, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 14, 2010.
Latest Update: Dec. 23, 2024
REPRESENTING
ALEX SINK
CHIEF FINANCIAL OFFICER
STATE OF FLORIDA
IN THE MATTER OF:
MORNING GLORY FUNERAL CHAPEL CASE NO.: 102557-09-FC
OF ST. PETERSBURG, INC.
FO 40186
/
ADMINISTRATIVE COMPLAINT
To: MORNING GLORY FUNERAL CHAPEL
OF ST. PETERSBURG, INC.
c/o Lisa Speights, FDIC and Owner
3301 5" Avenue South
Saint Petersburg, Florida 33712
You, MORNING GLORY FUNERAL CHAPEL OF ST, PETERBURG, INC., by and
through Lisa Speights, funeral director in charge and owner (hereinafter referred to as “Morning
Glory St. Petersburg”), are hereby notified that the Department of Financial Services, Division of
Funeral, Cemetery and Consumer Services (hereafter “the Department”) has conducted
investigations in connection with your license to operate as a funeral establishment. On
February 5, 2009, a probable cause panel found probable cause to charge MORNING GLORY
FUNERAL CHAPEL OF ST. PETERSBURG, with violations of Chapter 497, Florida Statutes,
and the Florida Administrative Code as set forth in this Administrative Complaint. The case
number for this Administrative Complaint includes violations alleged within case numbers
96584-08-FC, 98909-08-FC, 101888-09-FC, which were presented to the probable cause panel.
Based upon those Department investigations, it is alleged:
Filed May 22, 2009. 9:52 AM Division of Administrative Hearings.
GENERAL ALLEGATIONS
1. Pursuant to Section 20.121, Florida Statutes, Chapter 497, Florida Statutes, the
“Florida Funeral, Cemetery and Consumer Services Act” and Chapter 69K, Florida
Administrative Code, (hereinafter “the Act”), the Department is the state agency charged with
regulating the practice of funeral establishments, funeral directing, and embalming.
2. The Board of Funeral, Cemetery and Consumer Services (hereinafter “the
Board”) has the authority to determine through probable cause panels whether there is probable
cause to believe there is a violation of Chapter 497, Florida Statutes, or the Florida
Administrative Code and whether a proposed administrative prosecution of a licensee shall go
forward, as set forth in Sections 497.103(1)(v) and 497.153(3), Florida Statutes.
3. Section 497.152, Florida Statutes, sets forth conduct that is prohibited and shall
constitute grounds for discipline or other enforcement action against the licensee.
4. Section 497.005(34), Florida Statutes, defines the term funeral establishment as
“... a facility licensed under this chapter where a funeral director or embalmer practices funeral
directing or embalming.”
5. Morning Glory Funeral Chapel of St. Petersburg, Inc., which is located at 3301 sh
Avenue South, St. Petersburg, Florida was first licensed as a funeral establishment in the state of
Florida on April 21, 2006, license number FO 40186 (formerly license number FH9002287),
The license of Morning Glory St. Petersburg remained in effect through November 30, 2008, at
which time the license expired due to non renewal.
6. Morning Glory Funeral Chapel, Inc. which is located at 5100 North Nebraska
Avenue, Tampa, Florida (“Morning Glory of Tampa”) is a licensed funeral establishment in the
state of Florida, having been issued licensed number FO 40186, pursuant to the provisions of the
Act and the Florida Administrative Code. The license of Morning Glory of Tampa remained in
effect through November 30, 2008, at which time the license expired. The funeral establishment
license for Morning Glory St. Petersburg was renewed on January 15, 2009.
7. On or about June 26, 2007, Lisa Speights, licensed funeral director, notified the
Department that she was transferring her funeral director’s license to Morning Glory St.
Petersburg. Lisa Speights is the owner of Morning Glory St. Petersburg.
8. At all times material and relevant to this Administrative Complaint, Lisa Speights
was licensed by the state of Florida as a funeral director and embalmer pursuant to the provisions
of the Act, and issued license number FO 45057.
9. The Department conducted investigations into Lisa Speights and Morning Glory
St. Petersburg’s activities based upon inspections conducted by the Department and complaints
received by the Department.
COUNT ONE
10. ‘The above general allegations are hereby realleged and fully incorporated herein
by reference.
11. = On or about July 12, 2007, two Department examiners visited Morning Glory St.
Petersburg and observed two bodies in the possession of Morning Glory St. Petersburg which did
not have any identification placed on either of the bodies.
12, A Department examiner observed Reggie Roach and Charles Robinson, as
operational personnel, wearing gowns and gloves assisting the funeral director in charge of
Moring Glory St. Petersburg, Lisa Speights, with the two bodies.
13. During this visit, a Department examiner observed Charles Robinson placing
cotton in the nose of one of the bodies in the possession of Morning Glory St. Petersburg.
14. Neither Reggie Roach nor Charles Robinson is licensed under the provisions of
Chapter 497, Florida Statutes, and neither has completed a Board approved course in
communicable diseases.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “The licensee in charge of the final disposition of dead human remains shall, prior
to final disposition of such dead human remains, affix to the ankle or wrist of the deceased, and
on the casket, alternative container, or cremation container, a tag providing proper identification
of the dead human remains.” [Section 497.171(1)(b), Florida Statutes]
(b) “All individuals not licensed under this chapter who intend to be employed as
operational personnel . . . as well as unlicensed individuals who intend to be involved in the
removal or transportation of human remains on behalf of a funeral establishment ... shall
complete one course approved by the licensing authority on communicable diseases, within ten
(10) days after the date that they began functioning as operational personnel on behalf of any
entity that is regulated by this chapter.” [Section 497.162, Florida Statutes]
(c) “All non-licensed persons who will be involved in the removal or transportation
of human remains for a funeral establishment must also successfully complete one Board
approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla. Admin. Code]
(d) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
(e) “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT TWO
15. ‘The above general allegations are hereby realleged and fully incorporated herein
by reference.
16. On or about July 26, 2007, Lisa Speights, on behalf of Morning Glory St.
Petersburg, signed the permit for the release of the body of C.K. from the Hillsborough County
Medical Examiner’s Department.
17. Also, on or about July 26, 2007, Lisa Speights, on behalf of Morning Glory St.
Petersburg, signed a Statement of Funeral Goods and Services indicating the merchandise and
services that would be provided by Morning Glory St. Petersburg for C.K.’s funeral service.
18. On or about July 30, 2007, C.K.’s beneficiary agreed to pay for funeral services
by signing an Irrevocable Assignment and Power of Attorney which was also signed by Lisa
Speights, in her capacity as a proprietor, partner, or officer of Morning Glory of Tampa.
19, On July 30, 2007, Harold Jones, an unlicensed individual, was the owner of
Morning Glory of Tampa which is a licensed funeral establishment at 5100 North Nebraska
Avenue, Tampa, Florida.
20. Lisa Speights, on behalf of Morning Glory St. Petersburg, assisted Harold Jones,
in the unlicensed practice of funeral directing and Morning Glory of Tampa in the operation of a
funeral establishment after the license of Lisa Speights had been transferred to Morning Glory
St. Petersburg on June 26, 2007.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “Aiding, assisting, procuring, employing, or advising any person or entity to
operate or in operating an establishment regulated by this chapter without the required licensure
under this chapter.” [Section 497.152(5)(e), Florida Statutes]
(b) “Aiding, assisting, procuring, employing, or advising any person or entity to
practice a profession or occupation regulated by this chapter without required licensure under
this chapter.” [Section 497.152(5)(d), Florida Statutes]
(c) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
(d) “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes] ,
COUNT THREE
21. The above general allegations are hereby realleged and fully incorporated herein
by reference.
22. On or about August 21, 2007, a Statement of Funeral Goods and Services for the
decedent E.J. was signed by Lisa Speights, on behalf of Morning Glory St. Petersburg.
23. Also, on or about August 21, 2007, Harold Jones, as operational personnel on
behalf of Morning Glory St. Petersburg, signed for the release of the body of E.J. and removed
and transported the body of E.J. from Tampa General Hospital.
24. Harold Jones, on behalf of Morning Glory St. Petersburg, removed and
transported the body of EJ. without having completed a Board approved course in
communicable diseases as required by the Act and the Florida Administrative Code.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “All individuals not licensed under this chapter who intend to be employed as
operational personnel . . . as well as unlicensed individuals who intend to be involved in the
removal or transportation of human remains on behalf of a funeral establishment . . . shall
complete one course approved by the licensing authority on communicable diseases, within ten
(10) days after the date that they began functioning as operational personnel on behalf of any
entity that is regulated by this chapter.” [Section 497.162, Florida Statutes] ,
(b) “All non-licensed persons who will be involved in the removal or transportation
of human remains for a funeral establishment must also successfully complete one Board
approved course on communicable diseases.” [Rule 69K-17.0035(1), Florida Administrative
Code]
(c)- “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
(d) “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT FOUR
25. The above general allegations are hereby realleged and fully incorporated herein
by reference.
26. On or about May 23, 2007, an official check was issued from an account for the
“V.G. Florida Pooled Trust Center for Special Needs Trust Administration” and .was made
payable to Morning Glory located in Tampa, Florida in the amount of $6,885.00 for the account
of V.G. This arrangement constituted a sale of preneed funeral merchandise and services for
V.G.
27. . Neither Harold Jones, Morning Glory of Tampa, Lisa Speights, nor Morning
Glory of St. Petersburg had a preneed license to sell preneed funeral merchandise and services.
28. On or about August 25, 2007, V.G. died at Bayshore Nursing Home located in
Tampa, Florida.
29. Also, on or about August 25, 2007, funeral director, Lisa Speights, on behalf of
Morning Glory St. Petersburg, signed the application for burial and transit permit for the body of
V.G.
30. The funeral file of Morning Glory St. Petersburg for decedent V.G. contained a
Statement of Funeral Goods and Services Selected with the handwritten statement “All
Transactions are Irrevocable and Non-Refundable.”
31. Funeral director, Lisa Speights, on behalf of Morning Glory St. Petersburg, signed
a Statement of Funeral Goods and Services Selected for decedent V.G. that indicated an address
and phone number for Morning Glory of Tampa and not the address and phone number for
Morning Glory St. Petersburg.
32. Harold Jones, an unlicensed individual, was the owner of Morning Glory of
Tampa which was a licensed funeral establishment at 5100 North Nebraska Avenue, Tampa,
Florida.
33. Section 497.005(54), Florida Statues, defines a preneed contract as “Any
arrangement or method of which the provider of funeral merchandise or services has actual
knowledge, whereby any person agrees to furnish funeral merchandise or service in the future.
34. Lisa Speights, on behalf of Morning Glory St. Petersburg assisted Harold Jones,
in the unlicensed practice of funeral directing and Morning Glory of Tampa in the operation of a
funeral establishment which is regulated by this chapter when her license had been transferred to
Morning Glory St. Petersburg on June 26, 2007.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “Each funeral establishment located at a specific address shall be deemed to be a
separate entity and shall require separate licensing and compliance with the requirements of this
chapter.” [Section 497.380(9), Florida Statutes]
(b) “A funeral establishment must transact its business under the name by which it is
licensed.” [Section 497.380(14), Florida Statutes]
(c) “Aiding, assisting, procuring, employing, or advising any person or entity to
operate or in operating an establishment regulated by this chapter without the required licensure
under this chapter.” [Section 497.152(5)(e), Florida Statutes]
(d) “Aiding, assisting, procuring, employing, or advising any person or entity to
practice a profession or occupation regulated by this chapter without required licensure under
this chapter..” [Section 497.152(5)(d), Florida Statutes]
(ec) “No person, including any cemetery exempt under s. 497.260, may sell, advertise
to sell, or make an arrangement for preneed contract without first having a valid preneed
license.” [Section 497.452(1)(a), Florida Statutes]
(f) “No person, including any cemetery exempt under s. 497.260, may sell, advertise
to sell, or make an arrangement for services, merchandise, or burial rights on a preneed basis
unless such person is authorized pursuant to this chapter to provide such services, merchandise,
or burial rights on an at need basis.” [Section 497,452(1)(b), Florida Statutes]
(g) “No person may receive any funds for payment on a preneed contract who does
not hold a valid preneed license.” [Section 497.452(2)(a), Florida Statutes] .
(h) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes] .
@ “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT FIVE
35. The above general allegations are hereby realleged and fully incorporated herein
by reference.
10
36. A release form dated August 26, 2007, indicates that Harold Jones, on behalf of
Morning Glory St. Petersburg, signed for the release of the body of R.R. and removed and
transported the body of R.R. from LifePath Hospice House located in Tampa, Florida.
37. Harold Jones, as operational personnel on behalf of Morning Glory St. Petersburg,
removed and transported the body of R.R. without having completed a Board approved course in
communicable diseases as required by the Act and the Florida Administrative Code.
38. A Department examiner reviewed Morning Glory St. Petersburg’s funeral file for
R.R., and the funeral file did not contain any embalming authorization. Lisa Speights, on behalf
of Morning Glory St. Petersburg, signed a Statement of Funeral Goods and Services for the
decedent R.R. which indicated embalming as part of the services sold and provided by Morning
Glory St. Petersburg.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “All individuals not licensed under this chapter who intend to be employed as
operational personnel . . . as well as unlicensed individuals who intend to be involved in the
removal or transportation of human remains on behalf of a funeral establishment ... shall
complete one course approved by the licensing authority on communicable diseases, within ten
(10) days after the date that they began functioning as operational personnel on behalf of any
entity that is regulated by this chapter.” [Section 497.162, Florida Statutes]
(b) “All non-licensed persons who will be involved in the removal or transportation
of human remains for a funeral establishment must also successfully complete one Board
approved course on communicable diseases.” [Rule 69K-17.0035(1), Florida Administrative
Code]
11
(c) “Embalming human remains without first having obtained written or oral
permission from a legally authorized person.” [Section 497.152(8)(d), Florida Statutes]
(d) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
(e) “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT SIX
39. The above general allegations are hereby realleged and fully incorporated herein
by reference.
40. On or about August 27, 2007, Lisa Speights, on behalf of Morning Glory St.
Petersburg, signed a Statement of Funeral Goods and Services for decedent J.H.’s funeral
services,
41. | Morning Glory St. Petersburg’s funeral file for J.H. contained a funeral program
which indicates funeral services and arrangements were provided by “Morning Glory Funeral
Home of Tampa” located at 3004 N. 22"! Street, Tampa, Florida. Morning Glory of St.
Petersburg did not transact business under the name by which it is licensed by the Board.
42. Morning Glory St. Petersburg’s funeral file for J.H. contained a fax to Harold
Jones, an unlicensed individual, requesting a new funeral bill and death certificates.
43, Lisa 'Speights aided, assisted, procured, employed, or advertised for Harold Jones,
an unlicensed individual, in the practice of funeral directing and Morning Glory of Tampa in the
12
operation of a funeral establishment which is regulated by this chapter without the required
licensure of this chapter when her license had been transferred to Morning Glory St. Petersburg
on June 26, 2007.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “Aiding, assisting, procuring, employing, or advising any person or entity to
operate or in operating an establishment regulated by this chapter without the required licensure
under this chapter.” [Section 497.152(5)(e), Florida Statutes}
(b) “Aiding, assisting, procuring, employing, or advising any person or entity to
practice a profession or occupation regulated by this chapter without required licensure under
this chapter..” [Section 497.152(5)(d), Florida Statutes]
(c) “Each funeral establishment located at a specific address shall be deemed to be a
separate entity and shall require separate licensing and compliance with the requirements of this
chapter.” [Section 497.380(9), Florida Statutes]
(d) “A funeral establishment must transact its business under the name by which it is
licensed.” [Section 497.380(14), Florida Statutes]
(e) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
(f) “Violating any provision of this’ chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT SEVEN
13
44. The above general allegations are hereby realleged and fully incorporated herein
by reference.
45, On or about November 9, 2007, the body of J.B. was delivered to the
Hillsborough County Medical Examiners Office by Jimmie Jones, as operational personnel, on
behalf of Morning Glory St. Petersburg.
46. Jacqueline Lee, M.D., an employee of the Hillsborough County Medical
Examiners Office, stated that two boxes of human viscera (Viscera A and Viscera B) were
received with the cardboard box containing the body of J.B.
47. On or about November 26, 2007, Charles Robinson, as operational personnel, on
behalf of Morning Glory St. Petersburg, signed for the receipt of Viscera A and Viscera B and
removed and transported both Viscera A and Viscera B from the Hillsborough County Medical
Examiners Office.
48. Neither Jimmie Jones nor Charles Robinson held a license under Chapter 497,
Florida Statutes, and had not completed a Board approved course on communicable diseases as
required by the Act and the Florida Administrative Code.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “All individuals not licensed under this chapter who intend to be employed as
operational personnel . . . as well as unlicensed individuals who intend to be involved in the
removal or transportation of human remains on behalf of a funeral establishment ... shall
complete one course approved by the licensing authority on communicable diseases, within ten
(10) days after the date that they began functioning as operational personnel on behalf of any
entity that is regulated by this chapter.” [Section 497.162, Florida Statutes]
(b) “All non-licensed persons who will be involved in the removal or transportation
of human remains for a funeral establishment must also successfully complete one Board
approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla, Admin. Code]
(c) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
(d) “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT EIGHT
49. The above general allegations are hereby realleged and fully incorporated herein
by reference.
50. On or about September 21, 2007, the Department conducted an inspection. of the
funeral establishment Morning Glory St. Petersburg at 3301 5™ Avenue South, St. Petersburg,
Florida and found several violations.
51. During the Department’s inspection conducted on September 21, 2007, a
Department examiner found that Morning Glory St. Petersburg’s preparatory room was dirty and
not kept in a sanitary manner as required by Rule 69K-21 .003(5), Fla. Admin, Code.
52. During this same Department inspection, a Department examiner observed that
Morning Glory St. Petersburg’s establishment license was not displayed in open public view, and
casket prices were not conspicuously displayed on or in the caskets as required by Section
497.152(12)(f), Florida Statutes.
53. Also during this same inspection, a Department examiner reviewed Morning
15
Glory St. Petersburg’s funeral records and determined that purchasers were not provided an
itemized price list of funeral items or services purchased along with the funeral establishment’s
name, address, and telephone number. Further violations found during the Department’s
inspection were that written agreements did not contain a disclosure statement and the signature
of the purchaser and funeral director were not contained on all written agreements.
54. A Department examiner, reviewing the funeral records for Morning Glory St.
Petersburg during this same inspection, observed that health and safety courses were not
provided to operational personnel as required by Section 497.162, Florida Statutes and Rule
69K-17.0035(1), Fla. Admin. Code.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PTERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “Preparation room shall meet the requirements of the Department of Health
Chapter 64E-16, F.A.C., which prescribes minimum sanitary practices. relating to the
management of biomedical waste, including segregation, handling, labeling, storage, transport
and treatment. Room shall be maintained in a clean and sanitary manner.” [Rule 69K-21.003(5),
Fla. Admin. Code]
(b) Failing to have the price of any casket offered for sale clearly marked on or in the
casket, [Section 497.152(12)(f), Florida Statutes]
(c) “The current establishment license and the license of any funeral director or
embalmer employed in the establishment shall be displayed for public inspection, in a
conspicuous place inside the establishment in such a manner as to make them visible to patrons
of the establishment and facilitate inspection by the Department. The following documents must
be readily available, upon demand, for public inspection at all times: .... Latest inspection report
16
or copies thereof; ...” [Rule 69K-21.005(1)(b), Fla. Admin. Code]
(d) “Failing to furnish, for retention, to anyone who inquires in person about burial
rights, burial or funeral merchandise, or burial or funeral services, before any discussion of
selection, a printed or typewritten list specifying the range of retail prices for such rights,
merchandise, or services. At a minimum, the list shall itemize the highest and lowest priced
product and service regularly offered and shall include the name, address, and telephone number
of the licensee and statements that the customer may choose only the items the customer desires,
that the customer will be charged for only those items selected, and that there may be other
charges for other items or other services.” [Section 497.152(12)(b), Florida Statutes]
(ce) “Failing to furnish, for retention, to each purchaser of burial rights, burial or
funeral merchandise, or burial or funeral services a written agreement, the form of which has
been previously approved if and as required by this chapter, that lists in detail the items and
services purchased together with the prices for the items and services purcliased; the name,
address, and telephone number of the licensee; the signatures of the customer and the licensee or
her or his representative; and the date signed.” [Section 497.152(11)(a), Florida Statutes]
(f) “All individuals not licensed under this chapter who intend to be employed as
operational personnel . . . as well as unlicensed individuals who intend to be involved in the
removal or transportation of human remains on behalf of a funeral establishment... shall
complete one course approved by the licensing authority on communicable diseases, within ten
(10) days after the date that they began functioning as operational personnel on behalf of any
entity that is regulated by this chapter.” [Section 497.162, Florida Statutes]
17
(g) “All non-licensed persons who will be involved in the removal or transportation
of human remains for a funeral establishment must also successfully complete one Board
approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla. Admin. Code]
(h) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
@ “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT NINE
55, On or about December 20, 2007, a fax to the Division of Funeral, Cemetery and
Consumer Services was received from Lisa Speights listing the OSHA training for Charles
Robinson and Jimmy Jones in which a fax copy of the training certificates for Charles Robinson
and Jimmie Jones were provided.
56. After reviewing the training certificates for Charles Robinson and Jimmie Jones,
the training provider, Robert Short, stated that he did not provided OSHA training for either
Charles Robinson or Jimmie Jones.
57. Lisa Speights knowingly caused to be submitted to the Department fraudulent
OSHA training certificates for both Charles Robinson and Jimmie Jones when she knew or
should have known Charles Robinson and Jimmie Jones had not completed an OSHA training
course and that the OSHA training certificates were not valid.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
18
(a) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
(b) “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” | [Section 497.152(1)(a),
Florida Statutes]
COUNT TEN
58. The above general allegations are hereby realleged and fully incorporated herein
by reference.
59. On or about January 8, 2008, Charles Robinson, as operational personnel, on
behalf of Morning Glory St. Petersburg, signed for the release of the body of L.W. and removed
and transported the body of L.W. from University Community Hospital located in Tampa,
Florida.
60. Charles Robinson removed and transported the body of L.W. without having
completed a Board approved course in communicable diseases as required by the Act and the
Florida Administrative Code.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PTERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “All individuals not licensed under this chapter who intend to be employed as
operational personnel . . . as well as unlicensed individuals who intend to be involved in the
removal or transportation of human remains on behalf of a funeral establishment ... shall
complete one course approved by the licensing authority on communicable diseases, within ten
19
(10) days after the date that they began functioning as operational personnel on behalf of any
entity that is regulated by this chapter.” [Section 497.162, Florida Statutes]
(b) “AI non-licensed persons who will be involved in the removal or transportation
of human remains for a funeral establishment must also successfully complete one Board
approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla, Admin. Code]
(c) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
(d) “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT ELEVEN
61. The above general allegations are hereby realleged and fully incorporated herein
by reference.
62. On or about January 9, 2008, Charles Robinson, as operational personnel, on
behalf of Morning Glory St. Petersburg, signed for the release of the body of L.H. and removed
and transported the body of L.H. from the Medical Examiner Department located in
Hillsborough, Florida
63. Charles Robinson removed and transported the body of L.H. without having
completed a Board approved course in communicable disease as required by the Act and the
Florida Administrative Code.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PTERSBURG has
violated or is accountable under the following provisions of the Act:
20
(a) “All individuals not licensed under this chapter who intend to be employed as
operational personnel . . . as well as unlicensed individuals who intend to be involved in the
removal or transportation of human remains on behalf of a funeral establishment ... shall
complete one course approved by the licensing authority on communicable diseases, within ten
(10) days after the date that they began functioning as operational personnel on behalf of any
entity that is regulated by this chapter.” [Section 497.162, Florida Statutes]
(b) “All non-licensed persons who will be involved in the removal or transportation
of human remains for a funeral establishment must also successfully complete one Board
approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla. Admin. Code]
(c) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
(d) “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT TWELVE
64. The above general allegations are hereby realleged and fully incorporated herein
by reference.
65. On or about January 15, 2008, Charles Robinson, as operational personnel, on
behalf of Morning Glory St. Petersburg, signed for the release of the body of L.P. and removed
and transported the body of L.P. from St. Joseph Hospital.
66. Charles Robinson removed and transported the body of L.P. without having
completed a Board approved course in communicable disease as required by the Act and the
21
Florida Administrative Code.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “All individuals not licensed under this chapter who intend to be employed as
operational personnel . . . as well as unlicensed individuals who intend to be involved in the
removal or transportation of human remains on behalf of a funeral establishment... shall
complete one course approved by the licensing authority on communicable diseases, within ten
(10) days after the date that they began functioning as operational personnel on behalf of any
entity that is regulated by this chapter.” [Section 497.162, Florida Statutes]
(b) “All non-licensed persons who will be involved in the removal or transportation
of human remains for a funeral establishment must also successfully complete one Board
approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla. Admin. Code]
(c) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida .
Statutes]
(d) “Violating any provisions of this chapter or lawful order of the board or
department or the statutory predecessors to the board or department.” [Section 497,152(1)(a),
Florida Statutes]
COUNT THIRTEEN
67. The above general allegations are hereby realleged and fully incorporated herein
by reference.
68. On or about February 12, 2008, the Department conducted an inspection to
determine if previously cited violations had been corrected from a prior Department inspection
22
conducted on September 21, 2007.
69. On February 12, 2008, a Department examiner observed that biomedical waste
was not picked up.
70. A Department examiner made a finding during this same inspection that Morning
Glory St. Petersburg did not provide health and safety education to Charles Robinson.
71. A Department examiner also observed that two embalmed bodies in the casket
display room and one body in the preparation room had toe tags as the only identification placed
on deceased.
72. A Department examiner also observed that the preparation room’s linoleum floor
was torn and expositig the porous concrete floor underneath the linoleum. The preparation room
did not have sheets and towels as required by the Act.
73. The funeral establishment did not have a current copy of the inspection rules
available. .
IT IS THEREFORE CHARGED that MORNING GLORY ST. PTERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “Every funeral establishment licensed under this chapter shall at all times be
subject to the inspection of all its buildings, grounds, and vehicles used in the conduct of its
business, by the department or any of its designated representatives or agents, or local or
| Department of Health inspectors. The licensing authority shall by rule establish requirements for
inspection of funeral establishments.” [Section 497.380(10), Florida Statutes]
(b) “The Department shall inspect funeral establishments on the basis of ... sanitary
floors with non-porous surface...”. [Rule 69K-21.003(1)(c), Fla. Admin. Code]
(c) “The current establishment license and the license of any funeral director or
23
embalmer employed in the establishment shall be displayed for public inspection, in a
conspicuous place inside the establishment in such a manner as to make them visible to patrons
of the establishment and facilitate inspection by the Department. The following documents must
be readily available, upon demand, for public inspection at all times: .... Current copy of
inspection rules and inspection criteria adopted by the Board or Department.” [Rule 69K-~
21.005(1)(c), Fla. Admin. Code]
(d) “Preparation room shall meet the requirements of the Department of Health
Chapter 64E-16, F.A.C., which prescribes minimum sanitary practices relating to the
management of biomedical waste, including segregation, handling, labeling, storage, transport
and treatment. Room shall be maintained in a clean and sanitary manner.” [Rule 69K-21.003(5),
Fla. Admin. Code]
(ec) “All individuals not licensed under this chapter who intend to be employed as
operational personnel .. . as well as unlicensed individuals who intend to be involved in the
removal or transportation of human remains on behalf of a funeral establishment... shall
complete one course approved by the licensing authority on communicable diseases, within ten
(10) days after the date that they began functioning as operational personnel on behalf of any
entity that is regulated by this chapter.” [Section 497.162, Florida Statutes]
(f) “All non-licensed persons who will be involved in the removal or transportation
of human remains for a funeral establishment must also successfully complete one Board
approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla. Admin. Code]
(g) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
24
(h) “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT FOURTEEN
74, The above general allegations are hereby realleged and fully incorporated herein
by reference.
75. On or about June 24, 2008, Harold Jones and Lisa Speights met with family
members of the decedent K.P. to make funeral arrangements for K.P.
76. Neither a general price list nor a contract for funeral services was provided to the
family members of K.P. during meeting for funeral arrangements.
77. A check was made payable to Lisa Speights in the amount of $100 and another
$100 cash payment was given to Lisa Speights during a meeting with the family for a down
payment for K.P.’s funeral arrangements.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “Failing to furnish, for retention, to anyone who inquires in person about burial
rights, burial or funeral merchandise, or burial or funeral services, before any discussion of
selection, a printed or typewritten list specifying the range of retail prices for such rights,
merchandise, or services. At a minimum, the list shall itemize the highest and lowest priced
product and service regularly offered and shall include the name, address, and telephone number
of the licensee and statements that the customer may choose only the items the customer desires,
that the customer will be charged for only those items selected, and that there may be other
charges for other items or other services.” [Section 497.152(12)(b), Florida Statutes]
25
(b) “Failing to furnish, for retention, to each purchaser of burial rights, burial or
funeral merchandise, or burial or funeral services a written agreement, the form of which has
been previously approved if and as required by this chapter, that lists in detail the items and
services purchased together with the prices for the items and services purchased; the name,
address, and telephone number of the licensee; the signatures of the customer and the licensee or
her or his representative; and the date signed.” [Section 497.152(11)(a), Florida Statutes]
(c) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
(d) “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT FIFTEEN
78. The above general allegations are hereby realleged and fully incorporated herein
by reference.
79. On or about June 24, 2008, Lisa Speights, on behalf of Morning Glory St.
Petersburg, signed a permit for the release of the body of K.P.
80. On or about June 25, 2008, Harold Jones, as operational personnel on behalf of
Morning Glory St. Petersburg, signed a receipt for the body of K.P. and removed and transported
the body of K.P. from the Office of the District 10 Medical Examiner.
81. | Harold Jones removed and transported the body of K.P. without completing a
Board approved course in communicable diseases as required by the Act and the Florida
Administrative Code.
26
IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “All individuals not licensed under this chapter who intend to be employed as
operational personnel . . . as well as unlicensed individuals who intend to be involved in the
removal or, transportation of human remains on behalf of a funeral establishment ... shall
complete one course approved by the licensing authority on communicable diseases, within ten
(10) days after the date that they began functioning as operational personnel on behalf of any
entity that is regulated by this chapter.” [Section 497.162, Florida Statutes]
(b) “ATI non-licensed persons who will be involved in the removal or transportation
of human remains for a funeral establishment must also successfully complete one Board
approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla. Admin. Code]
(c) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
(d) “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT SIXTEEN
82. The above general allegations are hereby realleged and fully incorporated herein
by reference.
83. On or about June 25, 2008, Lisa Speights, on behalf of Moring Glory St.
Petersburg, embalmed the body of K.P. as indicated on the June 2008 Bodies Handled Report
filed with the Department for Morning Glory of St. Petersburg.
27
84. Neither Morning Glory St. Petersburg nor Lisa Speights had received permission
from a legally authorized person before Lisa Speights embalmed the body of K.P.
IT IS THEREFORE CHARGED that MORNING GLORY ST, PETERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “Embalming human remains without first having obtained written or oral
permission from a legally authorized person; however, washing and other public health
procedures, such as closing of the orifices by placing cotton soaked in a disinfectant in such
orifices until authorization to embalm is received, shall not be precluded. If oral permission is
granted, the licensee shall obtain written permission within a reasonable time as established by
board rule.” [Section 497.4528), Florida Statutes]
(b) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
(c) “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT SEVENTEEN
85. The above general allegations are hereby realleged and fully incorporated herein
by reference.
86. On or about June 26, 2008, family members, of the late K.P., contacted another
funeral home to provide funeral services for K.P.
28
87. Family members, of the decedent, K.P., went to Morning Glory Funeral Chapel
located at 3004 N. 22" Street in Tampa, Florida and met with Harold Jones, an unlicensed
individual.
88. Harold Jones informed the family members that the body of K.P. was located in
the St. Petersburg’s location of Morning Glory.
89. While at this Tampa location the family members of the late K.P. observed two
separate funeral viewings taking place with only Harold Jones, an unlicensed individual, present
at this location of 3004 N, 22™ Street in Tampa, Florida.
90. Lisa Speights, on behalf of Morning Glory St. Petersburg is assisting Harold
Jones, in the unlicensed practice of funeral directing and Morning Glory of Tampa in the
operation of a funeral establishment which is regulated by this chapter when her license had been
transferred to Morning Glory St. Petersburg on June 26, 2007.
IT IS THEREFORE CHARGED that MORNIG GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “Aiding, assisting, procuring, employing, or advising any person or entity to
practice a profession or occupation regulated by this chapter without required licensure under
this chapter..” [Section 497.152(5)(d), Florida Statutes]
(b) “Aiding, assisting, procuring, employing, or advising any person or entity to
operate or in operating an establishment regulated by this chapter without the required licensure
under this chapter.” [Section 497.152(5)(e), Florida Statutes]
(c) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
29
(d) “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT EIGHTEEN
91. The above general allegations are hereby realleged and fully incorporated herein
by reference.
92. Between June 26, 2008 and June 30, 2008, family members of K.P. requested to
see the body of K.P.
93. During this time, family members of K.P. were not allowed to see the body of
K.P.
94. On or about June 30, 3008, Lisa Speights refused to surrender the body of K.P.
until after payment of an additional $800 was received by her.
95. On or about June 30, 2008, Mr. Lawrence Epps, Funeral Director of Epps
Mortuary, paid Lisa Speights, on behalf of Morning Glory of St. Petersburg, $800 before Lisa
Speights would release the body of K.P.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “Refusing to surrender promptly the custody of a dead human body upon the
express order of the person legally authorized to its custody.” [Section 497.152(8)(b), Florida
Statutes]
(b) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
30
(c) | “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT NINETEEN
96. The above general allegations are hereby realleged and fully incorporated herein
by reference.
97. On or about July 1, 2008, a viewing of the body of K.P. took place at Morning
Glory St. Petersburg.
98. Family members of the deceased K.P. provided the Department with sworn
affidavits stating that in the viewing of his body at the funeral home of Morning Glory St.
Petersburg on July 1, 2008, they observed “maggots on the face” of the deceased.
99. Family members also stated in their sworn affidavits that during this same
viewing a foul odor permeated around the body of K.P.
100. The appearance of maggots on the face of K.P. is clear evidence of Morning
Glory St. Petersburg’s failure to comply with the requirements for proper refrigeration and/or
embalming of bodies.
101. The body of K.P. was not treated with dignity and respect based on the conditions
the body of K.P. was observed by family members of the deceased,
102. Morning Glory St. Petersburg practiced below the standards of acceptable funeral
establishment standards within the funeral establishment industry.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
31
(a) “A dead human body may not be held in any place or in transit over 24 hours after
death or pending final disposition unless the body is maintained under refrigeration at a
temperature of 40 degrees Fahrenheit or below or is embalmed or otherwise preserved in a
manner approved by the licensing authority in accordance with the provisions of this chapter.”
[Section 497.386(2), Florida Statutes]
(b) “The licensing authority shall establish by rule the minimal ‘standards of
acceptable and prevailing practices for the handling and storing of dead human bodies, provided
that all human remains transported or stored must be completely covered and at all times treated
with dignity and respect.” [Section 497.386(4), Florida Statutes]
(c) “There shall be 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 equipped with sanitary floors with non-porous surface;” [Rule 69K-21,003(1)(c), Fla.
Admin, Code]
(ad) “Preparation room shall meet the requirements of the Department of Health
Chapter 64E-16, F.A.C., which prescribes minimum sanitary practices relating to the
management of biomedical waste, including segregation, handling, labeling, stotage, transport
and treatment. Room shall be maintained in a clean and sanitary manner.” [Rule 69K-~21.003(5),
Fla. Admin. Code}
(ec) “Failing to adopt and implement standards for the proper investigation and
resolution of claims and complaints received by a licensee relating to the licensee's activities
regulated by this chapter.” [Section 497.152(14)(a), Florida Statutes]
(63) “Embalming human remains without first having obtained written or oral
permission from a legally authorized person; however, washing and other public health
32
procedures, such as closing of the orifices by placing cotton soaked in a disinfectant in such
orifices until authorization to embalm is received, shall not be precluded. If oral permission is
granted, the licensee shall obtain written permission within a reasonable time as established by
board rule.” [Section 497.152(8)(d), Florida Statutes]
(g) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
(h) “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT TWENTY
103. The above general allegations are hereby realleged and fully incorporated herein
by reference. |
104, On or about January 21, 2008, Palm State Crematory notified the Department that
they no longer would be providing removal, refrigeration, and cremation services for Morning
Glory St. Petersburg.
105. Palm State Crematory notified Morning Glory St. Petersburg that they would no
longer provide refrigeration and cremation services to Morning Glory St. Petersburg.
106. On or about July 9, 2008, the Department received the June 2008 report for bodies
handled by Morning Glory St. Petersburg which clearly indicates “Palm State Crematory
Services” as the facility used to refrigerate and cremate bodies for Morning Glory St. Petersburg.
107. Palm State Crematory did not provide refrigeration or cremation services to
Morning Glory St. Petersburg as indicated on the June 2008 report filed with the Department.
33
108. Lisa Speights, on behalf of Morning Glory St. Petersburg, signed the June 2008
report for the bodies handled by Morning Glory St. Petersburg which contained false information
by indicating “Palm State Crematory Services” as the facility used to refrigerate and cremate
bodies for Morning Glory St. Petersburg.
109. Lisa Speights, on behalf of Morning Glory St. Petersburg, knew or should have
known Palm State Crematory Services did not provide refrigeration nor cremation services for
the reported bodies handled by Morning Glory St. Petersburg in the month of June 2008 when
six month earlier, in January 2008, Palm State notified the Department that they would no longer
provide refrigeration and cremation services to Morning Glory St. Petersburg.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “Making or filing a report or statement to or with any government entity that the
licensee knows or has reason to know to be false; or intentionally or negligently failing to file a
report or record required to be filed with any government entity, or willfully impeding or
obstructing another person to do so, or inducing another person to impede or obstruct such
filing.” [Section 497,152(4)(g), Florida Statutes]
(b) “Committing fraud, deceit, negligence, incompetency, or misconduct in, the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
(c) “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT TWENTY-ONE
34
110. The above general allegations are hereby realleged and fully incorporated herein
by reference.
111. On or about August 11, 2008, the Department conducted an inspection of
Morning Glory St. Petersburg and a Department examiner indicated the deficiencies and
violations of the Act in a report. Lisa Speights, on behalf of Morning Glory St. Petersburg, was
provided a copy of this report.
112. Asa result of this Department inspection it was found that an advertisement was
run in the Polk County Advertiser for Morning Glory St. Petersburg that did not include the
name of the funeral establishment, as required by the Act.
113. During the inspection conducted on August 11, 2008, a Department examiner
observed the following deficiencies:
Body fluids and hair on the preparation room sink
The linoleum floor torn completely through to the concrete subflooring in the
preparation room
The casket price list did not include the name “Morning Glory, St. Petersburg” and the
address “3301 5" Avenue, St. Petersburg, Florida.”
Operational personnel, Norris Mallory, had not completed an approved health and
safety training course.
No written procedures for handling complaints were maintained by Morning Glory
St. Petersburg. :
Lisa Speights, on behalf of Morning Glory St. Petersburg, did not obtain written
permission to embalm the body of E.Q from a legally authorized person prior to the
interment.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
35
(a) “Every funeral establishment licensed under this chapter shall at all times be
subject to the inspection of all its buildings, grounds, and vehicles used in the conduct of its
business, by the department or any of its designated representatives or agents, or local or
Department of Health inspectors. The licensing authority shall by rule establish requirements for
inspection of funeral establishments.” [Section 497.380(10), Florida Statutes]
(b) “There shall be 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 equipped with sanitary floors with non-porous surface;” [Rule 69K-21.003(1)(0), Fla.
Admin. Code]
(c) “Preparation room shall meet the requirements of the Department of Health
Chapter 64E-16, F.A.C., which prescribes minimum sanitary practices relating to the
management of biomedical waste, including segregation, handling, labeling, storage, transport
and treatment. Room shall be maintained in a clean and sanitary manner.” [Rule 69K-21.003(5),
Fla. Admin. Code]
(d) “Failing to furnish, for retention, to anyone who inquires in person about burial
rights, burial or funeral merchandise, or burial or funeral services, before any discussion of
selection, a printed or typewritten list specifying the range of retail prices for such rights,
merchandise, or services. At a minimum, the list shall itemize the highest and lowest priced
product and service regularly offered and shall include the name, address, and telephone number
of the licensee and statements that the customer may choose only the items the customer desires,
that the customer will be charged for only those items selected, and that there may be other
charges for other items or other services.” [Section 497.152(12)(b), Florida Statutes]
36
(e) “All individuals not licensed under this chapter who intend to be employed as
operational personnel . . . as well as unlicensed individuals who intend to be involved in the
removal or transportation of human remains on behalf of a funeral establishment ... shall
complete one course approved by the licensing authority on communicable diseases, within ten
(10) days after the date that they began functioning as operational personnel on behalf of any
entity that is regulated by this chapter.” [Section 497.162, Florida Statutes]
(i “All non-licensed persons who will be involved in the removal or transportation
of human remains for a funeral establishment must also successfully complete one Board
approved course on communicable diseases.” [Rule 69K-17.0035(1), Fla. Admin. Code]
(g) “Failing to adopt and implement standards for the proper investigation and
resolution of claims-and complaints received by a licensee relating to the licensee's activities
regulated by this chapter.” [Section 497.152(14)(a), Florida Statutes]
(hb) “Embalming human remains without first having obtained written or oral
permission from a legally authorized person; however, washing and other public health
procedures, such as closing of the orifices by placing cotton soaked in a disinfectant in such
orifices until authorization to embalm is received, shall not be precluded. If oral permission is
granted, the licensee shall obtain written permission within a reasonable time as established by
board rule.” [Section 497.152(8)(d), Florida Statutes]
(9) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
37
@ “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT TWENTY-TWO
114, The above general allegations are hereby realleged and fully incorporated herein
by reference.
115. On or about December 1, 2008, the funeral establishment license of Morning
Glory St. Petersburg expired for non-renewal.
116. According to the December 2008 Bodies Handled Report filed with the
Department, Morning Glory St. Petersburg operated a funeral establishment without a valid
funeral establishment license.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “No person or entity shall engage in any activity for which a license is required
under this chapter, without holding such licensure in good standing.” [Section 497.157(1)(a),
Florida Statutes}
(b) “A funeral establishment license shall be renewable biennially pursuant to
procedures, and upon payment of a non-refundable fee not to exceed $500, as set by licensing
authority rule.” [Section 497.380(5), Florida Statutes]
(c) “Practicing or attempting to practice with a revoked, suspended, or delinquent
license.” [Section 497.152(5)(b), Florida Statues]
38
(c) “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
COUNT TWENTY-THREE
117. The above general allegations are hereby realleged and fully incorporated herein
by reference.
118. On January 8, 2009, the Department’s Division of Funeral, Cemetery and
Consumer Services became aware of a consumer complaint against Morning Glory St.
Petersburg and opened an investigation regarding that complaint on that date.
119. In the conduct of its investigation, Department examiners obtained sworn
affidavits from family members of the deceased D.W. stating that in the viewing of her body at
the funeral home of Morning Glory St. Petersburg on December 28, 2008, they observed
“maggots on the face” of the deceased.
120. On December 28, 2008, Lisa Speights was alerted to the presence of maggots on
the face of the deceased prior to the viewing and Lisa Speights removed the maggots by hand on
two separate occasions and sprayed the decedent’s face with disinfectant.
121. Lisa Speights did not remove the body to address the problem as dictated by
industry customs and professional standards, Lisa Speights instead attempted to prevent family
members from viewing the body by locking the doors of the funeral home.
122. The appearance of maggots on the face of D.W. are clear evidence of Morning
Glory St. Petersburg and Lisa Speights failure to comply with the requirements for proper
refrigeration and/or embalming of bodies.
39
123. The disregard for the laws of this state regarding the proper, respectful handling
of dead bodies and the lack of comprehension of the emotional fragility of the families they serve
displayed by Morning Glory St. Petersburg demonstrate practices below the standards of
acceptable funeral establishment standards within the funeral establishment industry.
IT IS THEREFORE CHARGED that MORNING GLORY ST. PETERSBURG has
violated or is accountable under the following provisions of the Act:
(a) “No person or entity shall engage in any activity for which a license is required
under this chapter, without holding such licensure in good standing.” [Section 497.157(1)(a),
Florida Statutes]
(b) “A dead human body may not be held in any. place or in transit over 24 hours after
death or pending final disposition unless the body is maintained under refrigeration at a
temperature of 40 degrees Fahrenheit or below or is embalmed or otherwise preserved in a
manner approved b the licensing authority in accordance with the provisions of this chapter.”
[Section 497.386(2), Florida Statutes]
(b) “The licensing authority shall establish by rule the minimal standards of
acceptable and prevailing practices for the handling and storing of dead human bodies, provided
that all human remains transported or stored must be completely covered and at all times treated
with dignity and respect.” [Section 497.386(4), Florida Statutes]
(c) “There shall be 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 equipped with sanitary floors with non-porous surface.” [Rule 69K-21.003(1)(c), Fla.
Admin. Code]
(d) “Preparation room shall meet the requirements of the Department of Health
40
Chapter 64E-16, F.A.C., which prescribes minimum sanitary practices relating to the
management of biomedical waste, including segregation, handling, labeling, storage, transport
and treatment. Room shall be maintained in a clean and sanitary manner.” [Rule 69K-21.003(5),
Fla. Admin. Code]
(f) “Failing to adopt and implement standards for the proper investigation and
resolution of claims and complaints received by a licensee relating to the licensee's activities
regulated by this chapter.” [Section 497.152(14)(a), Florida Statutes]
(g) “Embalming human remains without first having obtained written or oral
permission from a legally authorized person; however, washing and other public health
procedures, such as closing of the orifices by placing cotton soaked in a disinfectant in such
orifices until authorization to embalm is received, shall not be precluded. If oral permission is
granted, the licensee shall obtain written permission within a reasonable time as established by
board rule.” [Section 497.152(8)(d), Florida Statutes]
(h) “Committing fraud, deceit, negligence, incompetency, or misconduct in the
practice of any of the activities regulated under this chapter.” [Section 497.152(1)(b), Florida
Statutes]
(i) “Violating any provision of this chapter or lawful order of the board or
department of the statutory predecessors to the board or department.” [Section 497.152(1)(a),
Florida Statutes]
WHEREFORE, the Petitioner respectfully request that the Board of Funeral, Cemetery
and Consumer Services to enter an order imposing one or more of the following penalties:
revocation or suspension of Morning Glory St. Petersburg’s funeral establishment license,
restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement
41
of Morning Glory St. Petersburg’s license on probation, corrective action, refund of fees billed or
collected, remedial education and/or any other relief that the Board deems appropriate under the
provisions of subsection 497.153(5), Florida Statutes, and Fla. Admin. Code R. 61G8-30 as re-
enacted by Fla. Admin. Code R. 69K-30.
NOTICE REGARDING ASSESSMENT OF COSTS: Licensee/Respondent is placed on
notice that the Department has incurred costs related to the investigation and prosecution of this
matter. Pursuant to Section 497.153(5)(b), Florida Statutes, the Board may assess costs related
to the investigation and prosecution of a disciplinary matter, including attorney related time and
costs, on the Licensee/Respondent in addition to any other discipline imposed.
NOTICE OF RIGHTS
Pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-106, Florida
Administrative Code, you have the right to request a proceeding to contest this action by the
Department of Financial Services ("Department"). The proceeding request must be in writing,
signed by you, and must be filed with the Department within twenty-one (21) days of your
receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition
for administrative hearing will suffice as a written request. The request must be filed with the
General Counsel acting as Agency Clerk, at the Florida Department of Financial Services, 612
Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written
response must be received by the Department no later than 5:00 p.m. on the twenty-first day after
your receipt of this notice. Mailing the response on the twenty-first day will not preserve your
right to a hearing.
YOUR FAILURE TO RESPOND IN WRITING WITHIN
TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS
NOTICE WILL CONSTITUTE A WAIVER OF YOUR
‘RIGHT TO REQUEST A PROCEEDING ON THE
MATTERS ALLEGED HEREIN AND AN ORDER OF
42
SUSPENSION OR REVOCATION WILL BE ENTERED
AGAINST YOU.
If you request a proceeding, you must provide information that complies: with the
requirements of Rule 28-106.2015, Florida Administrative Code. As noted above, completion of
the attached Election of Proceeding form conforms to these requirements. Specifically, your
response must contain:
(a) The name, address, and telephone number, and facsimile number (if any) of the
respondent (for the purpose of requesting a hearing in this matter, you are the “respondent").
(b) The name, address, telephone number, facsimile number of the attorney or
qualified representative of the respondent (if any) upon whom service of pleadings and other
papers shall be made.
(c) A statement requesting an administrative hearing identifying those material facts
that are in dispute. If there are none, the petition must so indicate.
(d) A statement of when the respondent received notice of the administrative
complaint.
(e) A statement including the file number to the administrative complaint.
If a hearing of any type is requested, you have the right to be represented by counsel or
other qualified representative at your expense, to present evidence and’ argument, to call and
cross-examine witnesses, and to compel the attendance of witnesses and the production of
documents by subpoena.
If a proceeding is requested and there is no dispute of material fact, the provisions of
Sections 120.57(2) and 497.153(4)(b), Florida Statutes, apply. You may either submit a written
statement and documentary evidence to the Board in lieu of a hearing, or personally attend a
hearing conducted by the Board at the location of a regularly scheduled Board meeting.
43
However, if you dispute material facts that are the basis for the Department’s action, you
must request an adversarial proceeding pursuant to Sections 120,569 and 120.57(1), Florida
Statutes. These proceedings are held before a State Administrative Law Judge of the Division of
Administrative Hearings. Unless the majority of witnesses are located elsewhere, the
Department will request that the hearing be conducted in Tallahassee, Florida.
Failure to follow the procedure outlined with regard to your response to this notice may
result in the request being denied. All prior oral communication or correspondence in this matter
shall be considered freeform agency action, and no such oral communication or correspondence
shall operate as a valid request for an administrative proceeding. Any request for an
administrative proceeding received prior to the date of this notice shall be deemed abandoned
unless timely renewed in compliance with the guidelines as set out above.
Mediation of this matter pursuant to Section 120.573, Florida Statutes, is not available.
No Department attorney will discuss this matter with you until the response has been received by
the Department.
DATED and SIGNED this 3 day of February, 2009.
—y nntiors
TAMMY TESTON
Deputy Chief Financial Officer
44
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing ADMINISTRATIVE COMPLAINT
and ELECTION OF PROCEEDING FORM has been furnished by U.S. Certified Mail, return
receipt requested this Fy of February, 2009, to:
Morning Glory Funeral Chapel of St. Petersburg
c/o Lisa Speights, FDIC and Owner
3301 5" Avenue South
St. Petersburg, Florida 33712
Asst. General Counsel
Fla. Bar. No.: 0230560
Florida Department of Financial Services
200 E. Gaines St.
Tallahassee, FL 32399-4247
Phone (850) 413-4180
Fax: (850) 488-0697
Counsel for the Department
45
STATE OF FLORIDA
BOARD OF FUNERAL, CEMETERY AND CONSUMER SERVICES
IN THE MATTER OF:
MORNING GLORY FUNERAL CHAPEL CASE NO.: 102557-09-FC
OF ST. PETERSBURG, INC. ,
FO40186
/
ELECTION OF PROCEEDING
I have received and have read the Administrative Complaint filed by the Florida Department of Financial Services
("Department") against me, including the Notice of Rights contained therein, and I understand my options: I am requesting
disposition of this matter as indicated below. (CHOOSE ONE)
1t]
3.0]
I do not dispute any of the Departments factual allegations and 1 do not desire a hearing. I understand that by waiving
my right to a hearing, the Board of Funeral, Cemetery and Consumer Services (“Board”) may enter a final order that
adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my license(s)
as may be appropriate.
I do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in
accordance with Sections 120.57(2) and 497, 153(4)(b), Florida Statutes, In this regard, I desire to (CHOOSE ONE):
{J Submit a written statement and documentary evidence to the Board in lieu of a hearing;
or
{] Personally attend a hearing conducted by the Board at the location of a regularly scheduled Board
meeting,
I do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to Section
120,57(1), Florida Statutes, to be held before the Division of Administrative Hearings. I have attached to this election
form the information required by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (c) of
the Notice of Rights. Specifically, I have identified the disputed issues of material fact in the response attached hereto.
TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE
DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE
ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN
5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT.
The address for filing is: General Counsel acting as Agency Clerk, Florida Department of Financial Services, 612
Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333.
Signature Print Name
Date: Address:
Date Administrative
Complaint Received:
If you are represented by an attorney or qualified Phone No.:
representative, please attach to this election form his
or her name, address, telephone and fax numbers Fax No.:
Docket for Case No: 09-002848
Issue Date |
Proceedings |
Jul. 15, 2010 |
Consent Order (filed in Case No. 09-002848).
|
Jul. 15, 2010 |
Consent Order filed.
|
Apr. 14, 2010 |
Order Closing Files. CASE CLOSED.
|
Apr. 12, 2010 |
Motion to Relinquish Jurisdiction filed.
|
Mar. 12, 2010 |
Order Denying Respondents` Motion to Dismiss Action.
|
Mar. 11, 2010 |
Department's Response to Respondents' Notice of Voluntary Relinquishment and Motion to Dismiss Action filed.
|
Mar. 04, 2010 |
Notice of Voluntary Relinquishment and Motion to Dismiss Action filed.
|
Feb. 09, 2010 |
Notice of Hearing (hearing set for April 20 through 23, 2010; 9:30 a.m.; Largo, FL).
|
Feb. 09, 2010 |
Order Granting Petitioner`s Motion to Compel Production and Denying Respondents` Motion to Stay Discovery.
|
Feb. 08, 2010 |
Respondents' Motion to Stay Discovery Pending Settlement Negotiations filed.
|
Feb. 05, 2010 |
Motion to Compel, Production to Department's Third and Fourth Requests for Production filed.
|
Feb. 04, 2010 |
Order Denying Motion to Enforce Court Order.
|
Feb. 04, 2010 |
CASE STATUS: Motion Hearing Held. |
Jan. 20, 2010 |
Reply to Petitioners' Response to Motion to Enforce Court Order filed.
|
Jan. 20, 2010 |
Department's Response to Respondent's Motion to Enforce Court Order filed.
|
Jan. 19, 2010 |
Motion to Enforce Court Order filed.
|
Jan. 19, 2010 |
Case Conference Status filed.
|
Jan. 05, 2010 |
Order Granting Continuance (parties to advise status by January 15, 2010).
|
Jan. 05, 2010 |
Motion for Continuance and Request for Emergency Hearing on this Matter filed.
|
Dec. 11, 2009 |
Order Denying Respondent`s Motion to Strike.
|
Dec. 11, 2009 |
Petitioner's Reply to Respondent's Motion to Strike Petitioner's Untimely Witness List filed.
|
Dec. 09, 2009 |
Motion to Strike Petitioners' Untimely Witness List filed.
|
Dec. 02, 2009 |
Petitioner's Motion to Allow Belated Filing of Witness List Including Two Expert Witnesses filed.
|
Dec. 01, 2009 |
Respondents' Witness List filed.
|
Nov. 30, 2009 |
Notice of Service of Department's Second Set of Interrogatories to Lisa Speights and Morning Glory Funeral Chapel of St. Petersburg filed.
|
Oct. 16, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for January 27 and 28, 2010; 9:00 a.m.; Largo, FL).
|
Oct. 16, 2009 |
Order on Pending Motions.
|
Oct. 16, 2009 |
Department's Second Request for Production filed.
|
Oct. 12, 2009 |
CASE STATUS: Motion Hearing Held. |
Oct. 09, 2009 |
Motion for Continuance filed.
|
Oct. 09, 2009 |
Motion to Compel Answers to Department's First Set of Interrogatories to Lisa Speights and Morning Glory Funeral Chapel of St. Petersburg and Department's First Request for Production filed.
|
Oct. 07, 2009 |
Motion for Withdrawal of Technical Admissions filed.
|
Sep. 25, 2009 |
Petitioner Department of Financial Services' Motion for Leave to File Second Administrative Complaints filed.
|
Sep. 10, 2009 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 28, 2009; 9:00 a.m.; St. Petersburg and Tallahassee, FL).
|
Sep. 09, 2009 |
(Proposed) Order on Agreed Motion for Continuance of Deposition and Trial filed.
|
Sep. 04, 2009 |
Agreed Motion for Continuance of Deposition and Trial filed.
|
Sep. 04, 2009 |
Notice of Appearance (filed by D. Cohen).
|
Jul. 10, 2009 |
Order Granting Withdrawal of Counsel.
|
Jul. 09, 2009 |
Notice of Serving Termination Letter in Support for Withdrawal as Attorney filed.
|
Jul. 08, 2009 |
(Proposed) Order Permitting Attorney to Withdraw filed.
|
Jul. 08, 2009 |
Motion for Withdrawal as Attorney (Ronald L. Nelson) filed.
|
Jun. 30, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for September 29, 2009; 9:00 a.m.; Largo, FL).
|
Jun. 30, 2009 |
Order Granting Motion for Leave to Amend the Administrative Complaints.
|
Jun. 25, 2009 |
Joint Motion for Continuance filed.
|
Jun. 23, 2009 |
Petitioner Department of Financial Services' Motion for Leave to Amend the Administrative Complaints filed.
|
Jun. 05, 2009 |
Order of Pre-hearing Instructions.
|
Jun. 05, 2009 |
Notice of Hearing (hearing set for July 24, 2009; 9:00 a.m.; St. Petersburg, FL).
|
Jun. 05, 2009 |
Order of Consolidation (DOAH Case Nos. 09-2808PL and 09-2848).
|
May 28, 2009 |
Joint Response to Initial Order filed.
|
May 22, 2009 |
Initial Order.
|
May 22, 2009 |
Answers of Morning Glory Funeral Chapel of St. Petersburg, Inc. filed.
|
May 22, 2009 |
Agency referral
|
May 22, 2009 |
Election of Proceeding filed.
|
May 22, 2009 |
Administrative Complaint filed.
|
|
CASE STATUS: Motion Hearing Held. |