LA- APA Pe. STATE OF FLORIDA 2 pe DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONS oe BOARD OF FUNERAL DIRECTORS AND EMBALMERS.,.. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. DBPR Case Number: 2001-03308 MARCELLA L. PIASECKI, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION , (“Petitioner”) files this Administrative Complaint before the Board of Funeral Directors and Embalmers (“Board”) against MARCELLA L. PIASECKI (“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, Respondent was licensed as a funeral director and embalmer in the State of Florida, having been issued license number FE-0004273 on August 14, 1997. 3. Respondent’s address of record is 428 Ashwood Place-Windwood, Boca Raton, Florida 33431. . 4, Respondent is the licensed funeral director in charge of record for Lynn University (hereinafter, "Lynn"), a licensed centralized embalming facility. 5. On or about December 1, 2000 a contract was entered between Eternal Light Funeral Chapel and the family of Ruth Field (hereinafter, "Field") for the provision of funeral and burial services for Field. 6. On the document entitled "Statement of Funeral Goods and Services Selected" there was no indication that embalming was selected or authorized for Field. 7. The aforementioned "Statement of Funeral Goods and Services Selected" includes a limousine and driver, a bronze urn, and a Rabbi honorarium - items not typically associated with disposal of indigent remains. 8. There was no embalming approved for Field by any authorized person. 9. On or about December 5, 2000, Respondent accepted Field's body for embalming from Professional Transport Service (hereinafter, "PTS"). 10. PTS received $110 for transportation of Field's body to Lynn. 11. Respondent did not receive Field's body from a licensed funeral establishment. 12. | The Lynn University documentation of the legally indigent status of Field's body, which was signed by the Respondent, was substantially incomplete, including: a. Funeral home is not identified. b. Signature of removal service is illegible. c. Signature of funeral home is blank and undated. d. Respondent’s signature is undated. 13. The Respondent's failure to verify the authorization for embalming for Field's body constitutes negligence or misconduct. COUNT I 14. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through thirteen (13), as though fully set forth herein, 15, Based upon the foregoing, the Respondent has violated Subsection 470.036(1)(g), Florida Statutes, by committing fraud, deceit, negligence, incompetence, or misconduct. COUNT Ti 16, Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through thirteen (13), as though fully set forth herein. 17. Based upon the foregoing, the Respondent has violated Subsection 470.036(1)(r), Florida Statutes, by taking possession of a dead human body without first having obtained written or oral permission from a legally authorized person. COUNT Mf 18. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through thirteen (13), as though fully set forth herein. 19. Based upon the foregoing, the Respondent has violated Subsection 470.036(1)(t), Florida Statutes, by embalming a deceased human body without first having obtained written or oral permission from a legally authorized person. 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. te . Signed this WI “day of Penk 2002. Sf He aid Scott-Hill Chief Professions Attorney Florida Bar Number 909289 COUNSEL FOR DEPARTMENT: LAURA PATRICIA GAFFNEY’ ED pation Assistant General Counsel \ Ls Florida Bar Number 437867 sant gusnete CLERK Department of Business and dep 1) Micrel Tallahassee, Florida 32399-2022 poe Telephone (850) 414-8128 pATE Facsimile (850) 414-6749 Professional Regulation fi 1940 North Monroe Street aa to \0 3002 LPG/ PCP: DEAKINS AND RALPH 4/24/2002 CASE NUMBER 2001-03308

Docket for Case No: 02-002952PL