D§- ATS 7 STATE OF FLORIDA go on DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ; DARD OF FUNERAL DIRECTORS AND EMBALMERS | *° /), “I, Te tr. DEPARTMENT OF BUSINESS AND pe ve PROFESSIONAL REGULATION, ke BOARD OF FUNERAL DIRECTORS 5S AND EMBALMERS, Petitioner, vs. DBPR Case Number: 2001-03301 LYNN UNIVERSITY FUNERAL SERVICE EDUCATION, Respondent. / ee 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 November 27, 2000 a contract was entered between Levitt Weinstein Memorial Chapel and Cemeteries and the family of Madeline Post (hereinafter, "Post") for the provision of funeral and burial services for Post. 6. On the document entitled "Statement of Funeral Goods and Services Selected" there was no indication that embalming was selected or authorized for Post. 7. There was no embalming approved for Post by any authorized person. 8. On or about December 7, 2000 Respondent accepted Post's body for embalming from Professional Transport Service (hereinafter, "PTS"). 9. PTS received $110 for transportation of Post's body to Respondent. 10, Respondent did not receive Post's body from a licensed funeral establishment. 11. Respondent's "Embalming Release" form for Post was substantially incomplete, , including: a. Funeral home name is blank. b. Signature of removal service is unsigned and undated. c. Signature of funeral home is illegible. d. Signature of funeral home is dated five (5) days after Respondent’s signature. 12, The Respondent's failure to verify the authorization for embalming for Post's body constitutes negligence or misconduct. COUNT I 13. Petitioner hereby realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 14, Based upon the foregoing, the Respondent has violated Subsection 470.036(1)(g), Florida Statutes, by committing fraud, deceit, negligence, incompetence or misconduct. COUNT DT 15. Petitioner hereby realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 16, 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 DT 17, Petitioner hereby realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 18. 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 Z —_day of Aorod 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 2001-03301 Chief Professions Attorney Florida Bar Number 0909289 F \ sonal Regulation ines and Profession mit of a EPU TY CLERK

Docket for Case No: 02-002957