IA- 9IS& STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL necuLarion,, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF FUNERAL DIRECTORS AND EMBALMERS, Petitioner, vs. DBPR Case Number: 2001-03210 LYNN UNIVERSITY FUNERAL SERVICE EDUCATION, Respondent. / Ure 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. 1 5. On or about January 15, 2001 a contract was entered between AAN Eternal Star Cremation Society, Inc. and the family of Thomas Marnin (hereinafter, "Marnin") for the provision of cremation services for Marnin. 6. On the document entitled "Statement of Goods and Services Selected" there is no indication that embalming was selected or authorized for Marnin. 7. At the time of embalming, there was no embalming approved for Marnin by any authorized person. 8. On or about January 15, 2001 Respondent accepted Marnin's body for embalming from Professional Transport Service (hereinafter, "PTS"). 9. PTS received $110 for transportation of Marnin’s body to Respondent. 10. Respondent did not receive Marnin's body from a licensed funeral establishment. 11. The "Authorization Release" releasing Mamin’s body to Respondent was substantially incomplete, including: a. Authorization release is not dated. b. Authorization release does not indicate signatory’s relationship to the deceased. 12, The deceased’s wife signed the authorization release approximately three (3) weeks after the death and cremation of Thomas Marnin. 13. Respondent's failure to verify the authorization for embalming for Marnin's body constitutes negligence or misconduct. COUNTI 14. Petitioner hereby realleges and incorporates paragraphs one (1) through thirteen (13) as if 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 16. Petitioner hereby realleges and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. 17. Based upon the foregoing, the Respondent has violated Subsection 470.036(1)(1), Florida Statutes, by taking possession of a dead human body without first having obtained written or oral permission from a legally authorized person. COUNT 18. Petitioner hereby realleges and incorporates paragraphs one (1) through thirteen (13) as if 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. w ) . Signed this J4 “day of 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, FL 32399-2022 Tel. (850) 414-8128 Fax (850) 414-6749 LPG/ PCP: DEAKINS AND RALPH 4/24/2002 CASE NUMBER 2001-03210 ali Scott-Hill Chief Professions Attorney Florida Bar Number 0909289

Docket for Case No: 02-002956