STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL sscul gi © BOARD OF FUNERAL DIRECTORS AND EMBALMERS&. OG - o Ws frags Sy DEPARTMENT OF BUSINESS AND Gs hy PROFESSIONAL REGULATION, ( Petitioner, VS. , Case No. 2000-06039 ~ OI-139 bb RAMONA R. 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 RAMONA R. 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, Ramona R. Timmer, was a licensed direct disposer in the State of Florida, having been issued license number KA 0000301. 3. The Respondent's address of record is 460 Owasso Street, Daytona Beach, Florida 32114. . 4. Respondent acted as the supervising direct disposer for Cedar Hill Crematory ("Cedar Hill") from approximately February 2000 through June 30, 2000. 5. Subsequent to William MULLIS's (FE 000315 1) resignation from the position of supervising direct disposer at Cedar Hill in June 16, 1999, the Board of Funeral Directors and Embalmers has not received any letter designating a supervising direct disposer for Cedar Hill. 6. Beginning in approximately 1991 and ending in around June 2000, Cedar Hill 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 about June 2000, Cedar Hill employee Leroy PARENT disregpectfully disposed of cremains by scattering them from the back of a motorcycle. COUNT 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 470.019(2)(m), Florida Statutes, states in pertinent part that violating a statute or administrative rule regulating practice under this chapter constitutes grounds for the imposition of disciplinary action. 11. Based on the foregoing, Respondent has violated Section 470.019(2)(m), Florida Statutes, by violating Rule 61G8-22.006, Florida Administrative Code. QUNT II 12. Petitioner realleges and incorporates paragraphs one through seven as though fully set forth herein. 13. Section 470.025(9), Florida Statutes, states that "Each cinerator facility shall be under the general supervision of a licensed funeral director or registered direct disposer who shall be responsible for making sure the facility, its operations, and all persons employed in the facility comply with all applicable state and federal laws and rules." 14. 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. 15. Section 470.019(2)(m), Florida Statutes, states in pertinent part that violating a statute or administrative rule regulating practice under this chapter constitutes grounds for the imposition of disciplinary action. . 16. Based on the foregoing, Respondent has violated Section 470.019(2)(m), Florida Statutes, by violating Rule 61G8-22.004(4), Florida Administrative Code. COUNT IL 17. Petitioner realleges and incorporates paragraphs one through seven as though fully set forth herein. 18. Section 470.025(9), Florida Statutes, states that "Each cinerator facility shal] be under the general supervision of a licensed funeral director or registered direct disposer who shall be responsible for making sure the facility, its operations, and all persons employed in the facility comply with all applicable state and federal laws and rules." 19. — 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." 20. Section 470.019(2)(m), Florida Statutes, states in pertinent part that violating a statute or administrative rule regulating practice under this chapter constitutes grounds for the imposition of disciplinary action. 21. Based on the foregoing, Respondent has violated Section 470.019(2)(m), Florida Statutes, by violating Rule 61G8-22.004(7), Florida Administrative Code. | WHEREFORE, Petitioner respectfully requests the Board of Funeral Directors and Embalmers enter an order imposing one or hore 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 theretinder. | a“ wy . Signed this 2 7* day of — fc breac x > 2006. Agsistant General Counsel FILED Department of Business and Professional Regulation COUNSEL FOR DEPARTMENT: DEPUTY CLERK sam Peart idle. Joseph W. Malka Assistant General Counsel DaTE . 3 — |3 - -A00!| Florida Bar Number 0136514 Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2022 Case # 2000-06039 JWM/tas WP: (olenan(n a(Sullivar g-lo Eee Yo we David K. Minacci

Docket for Case No: 01-001396PL