STATE OF FLORIDA et ey) DEPARTMENT OF BUSINESS AND PROFESSIONAL BOARD OF FUNERAL DIRECTORS AND EMBAL DEPARTMENT OF BUSINESS AND ara PROFESSIONAL REGULATION, am Petitioner, vs. Case No. 2000-07951 MICHAEL PATRICK WALSH, ’ Respondent. / oe ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (hereinafter “Petitioner”, files this Administrative Complaint before the Board of Funeral Directors and Embalmers MICHAEL PATRICK WALSH, (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 was licensed as a funeral director and embalmer in the State of Florida, having been issued license number FE 0003616. 3. The Respondent's address of record is 2966 Belcher Road, Palm Harbor, Florida 34683. 4. At all times material hereto, Respondent was the funeral director in charge of Abbey Parklawn Funeral Home (” Abbey Parklawn"). 5. On or about April 24, 2000, Arthur Davis signed a contract with Abbey Parklawn for cremation services for his deceased wife, Delana C. Davis. >) ) 6. At approximately 2:00 p.m. April 27, 2000, Mr. Davis arrived at Abbey Parklawn and picked up his wife's cremains. 7. Mr. Davis was provided with a receipt and certificate of cremation, signed by Respondent. 8. The box given to Mr. Davis contained his wife's name, date of cremation, and permit number 322. 9. Approximately two months later, a box of cremains were discovered, labeled with the name of Delena C. Davis, #322, date of cremation 4/27/00. 10. According to Abbey Parklawn and crematory records, Delana C. Davis’ body was cremated on April 27, 2000, between 9:25 a.m. and 12:25 a.m. COUNT I 11. Petitioner reatleges and incorporates paragraphs one through ten as though fully set forth herein. 12. Section 470,036(1)(g), Florida Statutes, states that committing fraud, deceit, " negligence, incompetency, OF misconduct, in the practice of any of the activities regulated under this chapter constitutes grounds for which disciplinary action may be taken. 13. Based on the foregoing, Respondent has violated Section 470,036(1)(g), Florida Statutes. COUNT I 14, Petitioner reallages and incorporates paragraphs one through ten as though fully set forth herein. 15, Rule 61G8-21 .007(3), Florida Administrative Code, states in part that the funeral director in charge shall be responsible for making sure the funeral establishment and all persons employed in the establishment comply with all applicable laws and rules of the Board. 16. Section 470.036(1)(h), Florida Statutes, states in that a violation of this chapter of of part I of chapter 455 and any rules promulgated pursuant thereto constitutes grounds for which disciplinary actions may be taken. 17. Based on the foregoing, Respondent has violated Section 470.036(1)(h), Florida Statutes, by violating Rule 61G8-21.007(3), Florida 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 repnmand, 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. iz Signed this —___ day of 2001. avid K. Mirdéci Assistant General Counsel COUNSEL FOR DEPARTMENT: F | L E « Nation Joseph W. Malka Department of Business and Professional Regt Assistant General Counsel Florida Bar Number 0136514 MM L dd Department of Business and Puardn ’ Professional Regulation 1940 North Monroe Street DATE G - \ \ ~ 200\ Tallahassee, FL 32399-2022 Case # 2000-07951 PCP: S-1L-O| JWM