STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUL Ho BOARD OF-FUNERAL DIRECTORS AND EMBALME DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No, 2000-06443 ° Ol- \2a4eL WILLARD IVAN TIMMER, ’ Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (hereinafter "Petitioner"), files this Administrative Complaint before the Board of Funeral Directors and Embalmers against WILLARD IVAN TIMMER, (hereinafter “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 the Respondent, Willard Ivan Timmer, was a licensed direct disposer in the State of Florida, having been issued license number KA 0000094. 3. The Respondent's address of record is 2966 Belcher Road, Palm Harbor, Florida 34683. 4. At all times material hereto, Respondent was the owner of Bellevue-Cedar Hill Memory Gardens Funeral Home ("Bellevue"). 5. At all times material hereto, Respondent was the owner of Cedar Hill Crematory ("Cedar Hill"). ) 6. Board of Funeral Directors and Embalmers records indicate that Bellevue did not have a funeral director in charge from approximately February 13, 2000 until approximately April 7, 2000. 7. In April 2000, Thomas MOORE (FE 0001819), Funeral Director in Charge of Bellevue, was called by an employee who wanted to know what to do with excessive cremains that would not fit in an urn meant for an infant. . 8. Upon arrival at Bellevue, Thomas MOORE was shown a two and one-half pound bag of cremains that were marked as being the cremains of infant Eva BOROS. 9. Infant cremains should weigh approximately two ounces. 10. | MOORE informed Respondent about the excessive cremains. 11. Respondent questioned Bellevue employees, Edwin TIMMER and Ramona TIMMER regarding the excessive cremains. 12. | Edwin TIMMER and/or Ramona TIMMER acknowledged to Respondent that the cremains were probably not those of infant Eva BOROS and that instead, BOROS had most likely been buried. 13. Respondent did not notify the Board of Funeral Directors and Embalmers about the situation. COUNT I 14. Petitioner realleges and incorporates paragraphs one through thirteen as though fully set forth herein. 15. Section 470.024(7), Florida Statutes, states in pertinent part that each licensed funeral establishment shall have one full-time funeral director in charge and shall have a licensed funeral director reasonably available to the public during normal business hours for that establishment. . 16. Section 470.036(1)(h), Florida Statutes, states that a violation or repeated violation of this chapter or of part I of chapter 455 and any rules promulgated pursuant thereto constitutes grounds for which disciplinary action may be taken. 17. Based on the foregoing, Respondent has violated Section 470.036(1)(h), Florida Statutes, by violating Section 470.024(7), Florida Statutes. COUNT II 18. Petitioner realleges and incorporates paragraphs one through thirteen as though fully set forth herein. ~ 19. Section 455.227(1)(i), Florida Statutes, states that failing to report to the department any person who the licensee knows is in violation of this part, the chapter regulating the alleged violator, or the rules of the department or the board constitutes grounds for which _disciplinary action may be taken. 20. Section 470.036(1)(a), Florida Statutes, states that a violation of any provision of s. 455.227(1) or s. 470/.031 constitutes grounds for which disciplinary action may be taken. 21. Based on the foregoing, Respondent has violated Section 470.036(1)(a), Florida Statutes, by violating Section 455.227(1)(i), Florida Statutes. COUNT I 22. Petitioner realleges and incorporates paragraphs one through thirteen as though fully set forth herein. 23. Section 470.036(1)(g), Florida Statutes, states that committing fraud, deceit, negligence, incompetency, or misconduct, in the practice of any of the activities regulated under this chapter constitutes grounds for which disciplinary action may be taken. 24. Based on the foregoing, Respondent has violated Section 470.036(1)(g), Florida Statutes. 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 ofthe 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 97 77 day of Ke bevae x 2001. ‘\ S ye Vn David K. Minacci Assistant General Counsel COUNSEL FOR DEPARTMENT: Joseph W. Malka F | L E D sation Assistant General Counsel Department of Business and Professional Rag Florida Bar Number 0136514 DEPUTY CLER Department of Business and mH) , : l J Professional Regulation Pyardon , 1940 North Monroe Street CLERK % | 2 _ 2 Tallahassee, FL 32399-2022 DATE ~ Case # 2000-06443 JIWM/tas Pep: (pA nian Grl vac A-N-Ol

Docket for Case No: 01-001384PL