L274 7 zh STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF FUNERAL DIRECTORS AND EMBALMERS Final Order No. BPR-97-03655 Date 4-18-7 “3 DEPARTMENT OF BUSINESS AND FILED sonal Revulation?” Dept. of Business and Professional Regulatio PROFESSIONAL REGULATION, nese CY CLERK Sarah Wachman, Agency Clerk Petitioner, “4 By: estan PO ae vs. D CASE NOS.: 95-03716, 95-03725 95-03726, 95-06059 95-07329 DOAH CASE NOS.: 96-3872, 96-3873 96-3874 Nn -! 2. JAMES B. KERNEY, JR., mM W U CW 5 eo KERNEY FUNERAL HOME, Be € By OD Respondent. OE a LO, np Ss BE / Owe: . ae ¥ FINAL ORDER THIS MATTER came before the Board of Funeral Directors and Embalmers (hereinafter referred to as the “Board”) pursuant to Section 120.57(1)(j), Florida Statutes, on March 11, 1997, in Miami, Florida, for consideration of the Recommended Order (a copy of which is attached hereto and incorporated herein by reference). The Petitioner was represented by Leon M. Biegalski, Esquire. The Respondent was duly notified of the hearing but was neither present nor represented by counsel at the Board meeting. Upon consideration of the Administrative Law Judge's Recommended Order, and the arguments of the parties and after a review of the complete record in this matter, the Board makes the following findings: EINDINGS OF FACT 14. The Administrative Law Judge’s Findings of Fact are hereby approved and adopted and incorporated herein by reference. 2. There is competent, substantial evidence to support the Administrative Law Judge’s Findings of Fact. CONCLUSIONS OF LAW 14. The Board has jurisdiction of this matter pursuant to the provisions of Section 120.57(1), and Chapter 470, Florida Statutes. 2. The Administrative Law Judge’s Conclusions of Law, are hereby approved and adopted in toto. 3. Respondent is guilty of violating various violations of Chapter 470, Florida Statutes and Chapter 61G8-21, Florida Administrative Code. 4. The penalties recommended by the Administrative Law Judge is hereby approved and adopted in toto. 5. There is competent substantial evidence to support the Board's findings and conclusions. 6. The Board is permitted and entitled to impose costs in this case pursuant to Section 455.227(3), Florida Statutes. THEREFORE, IT |S HEREBY ORDERED AND ADJUDGED: 1. Respondents, James B. Kerney and Kerney Funeral Home’s licenses shall be suspended for a period of one year. 2. The licenses of James B. Kerney and Kerney Funeral Home shall be fined $500.00 each; and that as a condition of reinstatement after suspension, Kerney Funeral Home must demonstrate that Mr. Kerney or another appropriate licensed individual is willing and capable of performing the function of director in charge. 3. In addition to said fine of $500.00 each by Respondents, costs of $1,707.10 shall be paid within thirty (30) days to the Board. Pursuant to Section 120.68, Florida Statutes, the Parties are hereby notified that they may appeal this Final Order by filing one copy of a Notice of Appeal with the Clerk of the Department of Business and Professional Regulation, Northwocd Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399-0792, and by filing the filing fee and one copy of the Notice of Appeal with the District Court of Appeal within thirty (30) days of the effective date of this Final Order. This Order shall become effective upon filing with the Clerk of the Department of Business and Professional Regulation. Hp Ape | DONE AND ORDERED this \? day of [M1 | _, 1997. XA. beet — A. B. COLEMAN CHAIRMAN Board of Funeral Directors and Embalmers CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to James B. Kerney, Jr., and Kerney Funeral Home, d/b/a Kerney Funeral Home, 714 North Highlands Avenue, Sebring, Florida 3387 1- 3437, and by United States Mail to the Board Clerk, Department of Business and Professional Regulation and to Leon M. Biegalski, Esquire, Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida 32399-0792, on or before 5:00 p.m., this igth day of April 1997. five le SUSAN J. FOSTER EXECUTIVE DIRECTOR STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF FUNERAL DIRECTORS AND EMBALMERS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. DBPR CASE NO. 95-03716 95-03726 95-06059 95-07329 95-07325 James B. Kerney, Jr. and Kerney Funeral Home, Respondent. / MOTION FOR FINAL ORDER ADOPTING RECOMMENDED ORDER Petitioner, Department of Business and Professional Regulation, by and through the undersigned attorney, files this Motion for Final Order Adopting Recommended Order before the Board of Funeral Directors and Embalmers, and as grounds, therefore, states as follows: 1. On December 19, 1995 and October 18, 1995, Administrative Complaints were filed against the Respondent charging allegations of violation of Chapter 470, Florida Statutes. A copy of the aforementioned Administrative Complaints were mailed via certified mail along with an Election of Rights and an Explanation of Rights form. 2. On October 23, 1995 and January $, 1996, Respondent was served with the aforementioned Administrative Complaints and accompanying documents. 3. A Recommended Order was entered in Tallahassee, Leon County, Florida on January 27, 1997. 001103 4. Petitioner attaches a copy of the Recommended Order, Formal Hearing Exhibits, Transcipt and Administrative Complaints in support of this motion. Wherefore, Petitioner requests that the Board of Funeral Directors and Embalmers enter a Final Order in this matter adopting the terms of the Recommended Order. (set he, a, on M. Biegalskt Senior Attorney Florida Bar Number 974943 Department of Business and Professional Regulation 1940 North Monroe St., Ste. 60 Tallahassee, FL 32399-0792 (904) 487-9638 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing Motion for Final Order Adopting Recommended Order has been provided U.S. mail to James B. Kerney and Kerney Funeral Home, 714 North Highlands Averue .O. Box 562, Sebring, Florida 33871-3437 this 2 day of __, 1997. = < Saath Expabhe eon M. BiegalSki Senior Attorney 0011047

Docket for Case No: 96-003873

Orders for Case No: 96-003873