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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF FUNERAL DIRECTORS AND EMBALMERS vs JOSEPH G. QUINN, 03-000603PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000603PL Visitors: 11
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF FUNERAL DIRECTORS AND EMBALMERS
Respondent: JOSEPH G. QUINN
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Fort Lauderdale, Florida
Filed: Jan. 17, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 16, 2003.

Latest Update: Dec. 25, 2024
CR AIT ZA * STATE OF FLORIDA 1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION? v:, , < if ~ BOARD OF FUNERAL DIRECTORS AND EMBALMERS i) CP Be, DEPARTMENT OF BUSINESS AND Y PROFESSIONAL REGULATION, Tn ee BOARD OF FUNERAL DIRECTORS ag os AND EMBALMERS, 5 ; Petitioner, O >° Ob6 Of Cc vs. DBPR Case Number: 2001-03212 JOSEPH G. QUINN, 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 J OSEPH G. QUINN (“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-0003950. . 3. Respondent's address of record is 1551 Northeast 40th Street, Fort Lauderdale, Florida 33334. 4. Respondent is a licensed funeral director for Lynn University. 5. in or around January 2001, Respondent embalmed the body of Thomas Marnin which was received from Professional Transport Service. 1 6. * Respondent did not receive the aforementioned body from a licensed funeral establishment. 7. The paperwork releasing the aforementioned body to Respondent was substantially incomplete, including: a. Authorization release is not dated. db. Authorization release does not indicate signatory’s relationship to the deceased. 8. The deceased’s wife signed the authorization release approximately three (3) weeks after the death and cremation of Thomas Marnin. COUNT I 9. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 10. Section 470.036(1)(g), Florida Statutes, states in pertinent part that committing fraud, deceit, negligence, incompetency, or misconduct, in the practice of any of the activities regulated under this chapter constitutes grounds for disciplinary action. 11. Based upon the foregoing, Respondent has violated Section 470.036(1)(g), Florida Statutes, engaged in misconduct by taking possession of Thomas Marnin’s body based solely on the substantially incomplete authorization release form. COUNT Wf 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 13, ¥Section 470.036(1)(t), Florida Statutes, states in pertinent part that embalming a deceased human body without first having obtained written or oral permission from a legally authorized person constitutes grounds for disciplinary action. 14. Based upon the foregoing, Respondent has violated Section 470.036(1)(t), Florida Statutes, by embalming Thomas Marnin’s body based solely on the substantially incomplete authorization release form. 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 / zZ* day of Chief Professions Attorney Florida Bar Number 0909289 COUNSEL FOR DEPARTMENT: F | [ E Laura P. Gaffney Départment of Business and Professional Regulation Assistant General Counsel AGENCY CLERK Florida Bar Number 437867 Department of Business and Professional Regulation 1940 North Monroe Street cuRK Stawh Je Waban 3 pare Wo LTT eOO ® Tallahassee, Florida 32399-2202 (850) 414-8128 GSH:LPG/kms PCP: Geehins + de (oy dlauloa

Docket for Case No: 03-000603PL
Issue Date Proceedings
Nov. 14, 2003 (Proposed) Order Allowing Substitution of Counsel filed.
Nov. 14, 2003 Stipulation for Substitution of Counsel (filed by , Esquire).
Oct. 31, 2003 Motion to Withdraw as Counsel for Marcella Piasecki and Joseph Quinn and Motion to Continue Hearing filed.
May 29, 2003 Letter to W. Todd Boyd from B. Ladrie enclosing stipulation for substitution of counsel and order filed.
May 16, 2003 Order Closing File issued. CASE CLOSED.
May 14, 2003 Joint Motion for Continuance (filed via facsimile).
May 06, 2003 Motion for Extension of Time (filed by M. Montenegro via facsimile).
Mar. 12, 2003 Letter to DOAH from R. Hurley requesting subpoenas (filed via facsimile).
Mar. 11, 2003 Order of Pre-hearing Instructions issued.
Mar. 11, 2003 Notice of Hearing issued (hearing set for May 21 through 23, 2003; 9:30 a.m.; Fort Lauderdale, FL).
Mar. 06, 2003 Response to Order Granting Motion to Reopen Cases (filed by C. Pellegrini via facsimile).
Mar. 05, 2003 Respondents` Response to Order Granting Motion to Reopen Cases (filed via facsimile).
Feb. 25, 2003 Order Granting Motion to Reopen Cases issued. (consolidated cases are: 03-000596PL, 03-000597PL, 03-000598PL, 03-000599, 03-000600, 03-000601, 03-000602PL, 03-000603PL, 03-000604PL)
Jan. 17, 2003 Motion to Reopen Consolidated Cases (filed via facsimile).
Jul. 25, 2002 Administrative Complaint filed.
Jul. 25, 2002 Election of Rights filed.
Jul. 25, 2002 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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