STATE OF FLORIDA 0 is DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 7 BOARD OF FUNERAL DIRECTORS AND EMBALMERS ©, Spy DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. DBPR Case Number: 2001-02934 LYNN UNIVERSITY FUNERAL SERVICE EDUCATION, 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 LYNN UNIVERSITY FUNERAL SERVICE EDUCATION (“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 centralized embalming facility in the State of Florida, having been issued license number FM-0000011 on October 30, 2000. 3. Respondent’s address of record is 3601 North Military Trail, Boca Raton, Florida 33431. 4. Marcella L. Piasecki is the funeral director in charge for Respondent. 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 the Respondent. 11, Respondent did not receive Field's body from a licensed funeral establishment. 12, The Respondent's documentation of the legally indigent status of Field's body 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. 2 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 IY 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 TI 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. Signed this ZG t day of Aout 2002. COUNSEL FOR DEPARTMENT: LAURA PATRICIA GAFFNEY Assistant General Counsel Florida Bar Number 437867 Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2022 Telephone (850) 414-8128 Facsimile (850) 414-6749 LPG/ PCP: DEAKINS AND RALPH 4/24/2002 CASE NUMBER 2001-02934 Chief Professions Attorney Florida Bar Number 909289

Docket for Case No: 02-002955