; 4, STATE OF FLORIDA 2, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, - Petitioner, vs. Case No. 2000-06049 ~ 01-1289 CEDAR HILL CREMATORY, + Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSJONAL REGULATION (hereinafter "Petitioner"), files this Administrative Complaint before the Board of Funeral Directors and Embalmers against CEDAR HILL CREMATORY, (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, Cedar Hill Crematory, was a licensed cinerator facility in the State of Florida, having been issued license number FC 0000034. 3, The Respondent's address of record is 1428 Bellevue Avenue, Daytona Beach, Florida 32114. 4, Beginning in October 31, 1998, William MULLIS (FE 0003151), acted as the supervising direct disposer for Respondent, until his resignation on June 16, 1999. 5. Board of Funeral Directors and Embalmer records indicate that there was no letter filed with the Board designating a supervising direct disposer who would take over Mr. MULLIS's responsibilities at Respondent's facility. 6. Beginning in approximately 1991 and ending in around June 2000, employee Leroy PARENT removed gold teeth and gold fillings from cremains and then sold them. 7. On occasion throughout his employment from approximately 1991 until June 2000, employee Leroy PARENT disrespectfully disposed of cremains by scattering them from the back of a motorcycle. co I 8. Petitioner realleges and incorporates paragraphs one through seven as though fully set forth herein. 9. Rule 61G8-22.006, Florida Administrative Code, states in pertinent part that each cinerator facility shall designate in writing a supervising direct disposer withing 20 days of any changes in such supervising direct disposer. 10. 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. 11. Based on the foregoing, Respondent has violated Section 470.036(1)(h), Florida Statutes, by violating Rule 61G8-22,006, Florida Administrative Code. COUNT D 12. Petitioner realleges and incorporates paragraphs one through seven as though fully set forth herein. 13. Rule 61G8-22,004(4), Florida Administrative Code, states in pertinent part that personal effects shall not be removed from the deceased without express written consent from the authorized person. 14, 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. 15. Based on the foregoing, Respondent has violated Section 470.036(1)(h), Florida Statutes, by violating Rule 61G8-22.004(4), Florida Administrative Cade. COUNT IT 16. Petitioner realleges and incorporates paragraphs one through seven as though fully set forth herein. . 17. Rule 61G8-22.004(7), Florida Administrative Code, states: "The residual or cremated remains and the separate container shall be disposed of according to the express written instruction of the legally authorized person. If no instructions are given, the residual or cremated remains shall be disposed of in a dignified and humane manner as authorized by law." 18. Section 470,036(1)(h), Florida Statutes, states that a violation or repeated violation of this chapter or of part 1 of chapter 455 and any rules promulgated pursuant thereto constitutes grounds for which disciplinary action may be taken. 19. Based on the foregoing, Respondent has violated Section 470,036(1)(h), Florida Statutes, by violating Rule 61G8-22,004(7), /lorida Administrative Code. 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. : : mn” Signed this 27 dayof_feb- vary , 2001. ay ese David K. Minacci Assistant General Counsel FILED Departmant of Business and Professianal Regulation DEPUTY CLERK COUNSEL FOR DEPARTMENT: MN ¥/; curr 1 taareton Tlcchole. Joseph W, Malka 3 _ I3- 200 Assistant General Counsel DATE | Florida Bar Number 0136514 Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2022 Case # 2000-06049) JWM/tas RP: Colinan| Sullivan Aoi

Docket for Case No: 01-001387