Findings Of Fact The Respondent is a licensed funeral director and embalmer holding license numbers 1231 and 1250 respectively. Clarence Quinn, a policeman employed by the Delray Beach Police Force testified that he has known the Respondent for approximately 35 years and at one time lived with the Respondent for an extended period of time. He testified that during the funeral of his mother on or about May 20, 1976, he encountered numerous problems in attempting to make the necessary funeral arrangements. He testified that the Respondent stayed in a drunken state for a two day period beginning May 21 and that due to his inability to make satisfactory arrangements with the Respondent, he had to remove his mother's body to another funeral home to make the necessary embalming and funeral arrangements. Messr. Quinn encountered similar problems with the Respondent during the funeral of his nephew during 1972. Lillian Rohming, Respondent's sister, also corroborated the testimony of Quinn and testified that he is suffering from an alcoholic problem which is, in her opinion, destroying him as a person and impairing his ability to function as a funeral director and embalmer. Messr. Hamon Thompson, presently employed by Meking Industries, was formerly employed by Respondent for approximately 8 or 9 years. During this period of time, he assisted the Respondent in making funeral arrangements and performed general staff duties 3 to 4 hours daily during afternoon and evening hours. He testified that it was not uncommon for the Respondent to remain in an intoxicated state frequently for periods lasting 3 to 4 days. To the best of his ability, he discouraged the Respondent and others from bringing alcohol on the premises. This was done, based on his observation of the Respondent's performance and/or lack thereof when he imbibed alcohol. He testified that without question, the Respondent is one of the more excellent embalmers and funeral directors in the area while sober but that within the last few years, he consumes alcohol excessively which has been detrimental to his performance as an embalmer and funeral director. He, like other witnesses who testified, including Lauren Braxton, Respondent's sister, Joseph Harrington, an acquaintance of Respondent's for approximately 20 years and Joe Poiter Jerkins, another of Respondent's sisters, all testified as to the severity of Respondent's alcoholic problems. The evidence is that while drinking alcohol, the Respondent is generally unresponsive to the requests of families during funerals; he occasionally lies down in empty caskets; he blows the siren while mourners including family members are viewing bodies and he occasionally interrupts funerals when, in the Respondent's opinion, the funeral ceremony lasts too long. James E. Shelton, an assistant of Respondent for numerous years, testified that based on his relationship with the Respondent, he (Respondent) has conducted himself in a mannerable fashion and that alcoholism is in no way a problem which affects the Respondent's ability to function as an embalmer or funeral director. He testified that although it is true that the Respondents business has fallen off recently, he attributes this decline due to conflicts respecting the ownership of the business. Based on the foregoing findings, I am constrained to conclude that the evidence compiled herein necessarily compels a conclusion that the Respondent is an habitual drunkard as alleged in the administrative complaint filed herein and I shall so recommend. Consideration was given to the contrary testimony of witness Shelton and Respondent's wife, Ester B. Poitier. However, on balance, the weight of evidence supports a finding that the Respondent is suffering from an alcoholic problem which has hampered his ability to function as a licensed embalmer and funeral director. I shall so recommend.
Recommendation Based on the foregoing findings of fact and conclusions of law, I hereby recommend that the Respondent's license to practice as a licensed embalmer and funeral director be revoked. ENTERED this 17th day of March, 1978, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Michael J. Dewberry, Esquire Rogers, Towers, Bailey, Jones & Gay Florida Title Building Jacksonville, Florida 32202 Hartman Delano Poitier 379 South Dixie Highway Deerfield Beach, Florida 33441 Ronald T. Giddens, Secretary-Treasurer State Board of Funeral Directors and Embalmers 6501 Arlington Expressway, Suite 208 Jacksonville, Florida 32211
The Issue Whether or not the Respondent, Franklin D. Zeigler, as a licensed embalmer violated Section 470.l2(1)(c), Florida Statutes, in that he has been found guilty by a jury in the United States District Court for the Middle District of Tennessee, Docket No. 76-227-NA-CR, after allegedly being charged with a crime involving moral turpitude; specifically, the convictions pertain to violations of 18 U.S.C. 371 (conspiracy to commit offense or to defraud the United States), 18 U.S.C. 1341 (mail fraud), 18 U.S.C. 1342 (fraudulent use of a fictitious name) and 18 U.S.C. 1343 (fraud by wire, radio, or television) Whether or not the Respondent, Franklin D. Zeigler, as a licensed funeral director violated Section 470.12(2)(c), Florida Statutes, in that he has been found guilty by a jury in the United States District Court for the Middle District of Tennessee, Docket No. 76-227-NA-CR, after allegedly being charged with a crime involving moral turpitude; specifically, the convictions pertain to violations of 18 U.S.C. 371(conspiracy to commit offense or to defraud the United States), 18 U.S.C. 1341 (mail fraud), 18 U.S.C. 1342(fraudulent use of a fictitious name) and 18 U.S.C. 1343 (fraud by wire, radio or television). Whether or not the Respondent, Franklin D. Zeigler, as a licensed embalmer violated Section 470.12(1)(k), Florida Statutes, in that he has been found guilty by a jury in the United States District Court for the Middle District of Tennessee, Docket No. 76-227-NA-CR, after allegedly being charged with a crime involving moral turpitude; specifically, the convictions pertain to violations of 18 U.S.C. 371 (conspiracy to commit offense or to defraud the United States), 18 U.S.C. 1341 (mail fraud), 18 U.S.C. 1342 (fraudulent use of a fictitious name) and 18 U.S.C. 1343 (fraud by wire, radio, or television). Whether or not the Respondent, Franklin D. Zeigler, as a licensed funeral director violated Section 470.12(2)(p), Florida Statutes, in that he has been found guilty by a jury in the United States District Court for the Middle District of Tennessee, Docket No. 76-227-NA-CR, after allegedly being charged with a crime involving moral turpitude; specifically, the convictions pertain to violations of 18 J.S.C. 371 (conspiracy to commit offense or to defraud the United States), 18 U.S.C. 1341 (mail fraud), 18 U.S.C. 1,342 (fraudu1ent use of a fictitious name) and 18 U.S.C. 1343 (fraud by wire, radio, or television).
Findings Of Fact At all times pertinent to the complaint Franklin D. Zeigler held Funeral Director's license no. 1789 and Embalmer's license no. 1986, held with the State of Florida, Department of Professional and Occupational Regulation, State Board of Funeral Directors and Embalmers. On July 29, 1977, the Respondent was sentenced to four years in prison for violations of Title 18 U.S.C. 371, 1341, 1342 and 1343. This judgement and sentence was entered in the United States District Court for the Middle District of Tennessee based on a verdict of guilty, arrived at in Docket No. 76-227-NA- CR. A copy of this judgement and commitment order may be found as Petitioner's Exhibit 1, admitted into evidence. These federal crimes specifically pertain to the following: 18 U.S.C. 371 (Conspiracy to commit an offense or to defraud the United States) 18 U.S.C. 1341 (Mail fraud) 18 U.S.C. 1342 (Fraudulent use of a fictitious name) 18 U.S.C. 1343 (Fraud by wire, radio, or television) Based on the action taken in the United States District Court for the Middle District of Tennessee, the Petitioner has charged the Respondent with violations of Chapter 470, Florida Statutes, pertaining to both his Funeral Director's and Embalmer's license. The action taken against his Embalmer's license is under Sections 470.12(1)(c)and (1)(k), Florida Statutes; and the action taken against the Funeral Director's license is in accordance with Sections 470.12(2)(c) and (2)(p), Florida Statutes. Section 470.12(1)(c), Florida Statutes, holds that it is a violation for an Embalmer to have been found guilty by a jury after being charged with a crime involving moral turpitude, and this is without regard as to whether a judgement of conviction has been entered by the court having jurisdiction in the case. Likewise, Section 470.12(2)(c), Florida Statutes, sets forth the violation in the same language as found in Section 470.12(1)(c) , Florida Statutes, the only difference being that this violation pertains to the license held by a Funeral Director. An examination of the nature of the judgement and commitment order for the United States District Court for the Middle District of Tennessee demonstrates that a jury or a court acting as the trier of the fact has found the Respondent guilty of crimes involving moral turpitude, and those findings establish a violation of Section 470.12(1)(c) and (2)(c) , Florida Statutes. The Petitioner failed to make any other presentation in terms of a factual allegation. Therefore, the allegations against the Respondent's license as an Embalmer and Funeral Director respectively, under the conditions set forth in Section 470.12(1)(k) and (2)(p), Florida Statutes, have not been shown because those two substantive violations are premised upon the finding that the licensee has violated any provision of the Chapter and may only be read to pertain to provisions not already addressed factually and by allegation in some other part of the complaint. In this case there was a contemporaneous allegation of violation of Sections 470.12(1)(c) and (2)(c) , Florida Statutes. Therefore, proof of a violation of Sections 470.12(1)(k) and (2)(p), Florida Statutes, does not lie.
Recommendation In the course of the hearing before the undersigned the parties were given the opportunity to present matters in aggravation and mitigation, and availed themselves of such opportunity. Having considered those representations in view of the facts in this cause, and in particular the fact that the Respondent had been held in violation of the laws of the Petitioner by a final order of December 17, 1976; which violation was similar in nature to the violation herein, and further for which violation the Respondent was given a suspended sentence; it is recommended that the licenses of the Respondent, Franklin D. Zeigler, Funeral Director's license no. 1789 and Embalmer's license no. 1986, be revoked. DONE AND ENTERED this 18th day of April, 1978, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Michael J. Dewberry, Esquire 1300 Florida Title Building Jacksonville, Florida 32202 John London Arnold, Esquire 919 East Adams Street Jacksonville, Florida 32202
The Issue Whether the Respondent committed the offenses alleged in the Administrative Complaint and the penalties, if any, that should be imposed.
Findings Of Fact At all times pertinent to this proceeding, Respondent, Rolle-Tillman Funeral Home, has been a licensed funeral establishment in the State of Florida. Respondent's license number is FH 0002111. The owners of Rolle-Tillman Funeral Home, Harry Rolle and Bobby Tillman, have not been licensed by Petitioner. At times pertinent to this proceeding prior to January 1, 1995, Cleon D. Mosley, a licensed funeral director, was the funeral director in charge of Respondent. Mr. Mosley notified Respondent and the Petitioner that effective January 1, 1995, he was terminating his relationship with Respondent to become the funeral director in charge of another funeral home. Upon Mr. Mosley's departure, the Respondent continued to operate as a funeral establishment without a licensed funeral director in charge. On February 14, 1995, Reuben Rolle, Jr., died and his body was released to the Respondent for final disposition. Harry Rolle, the unlicensed co-owner of Respondent, helped plan, arrange, and take vital information in order to effectuate the final disposition of the decedent. Manker's Funeral Home, a licensed establishment, embalmed the body of the decedent, but all other services were performed by Respondent without the benefit of a funeral director in charge. On February 15, 1995, James Cooper, died and his body was released to the Respondent for final disposition. Harry Rolle, the unlicensed co-owner of Respondent, helped plan, arrange, and take vital information in order to effectuate the final disposition of the decedent. Manker's Funeral Home, a licensed establishment, embalmed the body of the decedent, but all other services were performed by Respondent without the benefit of a funeral director in charge. On March 7, 1995, Maggie Bullard died and her body was released to the Respondent for final disposition. Harry Rolle, the unlicensed co-owner of Respondent, helped plan, arrange, and take vital information in order to effectuate the final disposition of the decedent. Manker's Funeral Home, a licensed establishment, embalmed the body of the decedent, but all other services were performed by Respondent without the benefit of a funeral director in charge. On March 8, 1995, Essie Thomas Bullard died and her body was released to the Respondent for final disposition. Bobby Tillman, the unlicensed co-owner of Respondent, helped plan, arrange, and take vital information in order to effectuate the final disposition of the decedent. Manker's Funeral Home, a licensed establishment, embalmed the body of the decedent, but all other services were performed by Respondent without the benefit of a funeral director in charge. On March 16, 1995, Guillermo Tejeda, an investigator employed by Petitioner, began an investigation of Respondent. On that date, Mr. Tejeda observed posted near the front door of Respondent's facilities a sign with the following inscription: Cleon D. Mosley Licensed Funeral Director This sign would lead the public to believe that Mr. Mosley was still acting as the funeral director in charge for Respondent. 1/ On March 31, 1995, three investigators and an inspector employed by Petitioner inspected the Respondent's premises. The inspector asked for the funeral director in charge, but Respondent could not make available any licensed funeral director. At the time of this inspection, the Respondent did not have on site or immediately available a sealed container of a type required for the transportation of human bodies that may be contagious as the result of disease. At the time of the inspection on March 31, 1995, the embalmed body of Essie L. Thomas was found in the preparation/embalming room of the Respondent and the cremains of Reuben Rolle, Jr., were found in a desk. Respondent failed to submit to Petitioner a required report entitled "Cases Embalmed or Bodies Handled" for the months of December 1994 through March 1995.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order that adopts the findings of fact and conclusions of law contained herein and which imposes an administrative fine against Respondent in the total amount of $2,200 and places Respondent's licensure on probation for a period of three years. DONE AND ENTERED this 4th day of October, 1996, in Tallahassee, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 4th day of October, 1996.
Findings Of Fact Respondent is a licensed Funeral Director and Embalmer. Respondent was a full-time employee of State Society for Cremation, Inc.; hereinafter referred to as the Society. Respondent's duties included picking up the deceased, transporting the deceased to the crematory, placing the deceased in a lined (container), placing the deceased in refrigerated storage for 48 hours as required by law, contacting the family, preparing paper work, signing death certificates, obtaining cremation permit, supervision cremation and disposal of the remains. Respondent's picture together with information about the Society was published in a local paper as an advertisement. (See Plaintiff's' Exhibit D.) Respondent did sign death certificates in block 25b; FUNERAL DIRECTOR, and the name of State Society for Cremation, Inc., was entered in block 25a, FUNERAL HOME - NAME AND ADDRESS. Respondent called upon Mabel Jensen and Leonard Jensen and obtained their signatures on two contracts upon payment of $22 each, however, according to the Society's President, the Society never used door to door solicitation. The Society maintains a specific location for the preparation and maintenance of dead human bodies prior to cremation and for its crematorium. The Society did actively seek business by various means of directly contacting individual members of the public to include direct mailings and telephone solicitation, although telephone solicitation was stopped in October 1975.
Recommendation The Hearing Officer based on the foregoing findings of fact and conclusions of law recommends that the Respondent's license be revoked with consideration for reinstatement in six months. DONE and ORDERED this 14th day of June, 1976. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Douglas R. Evenue 4114 11th Street North St. Petersburg, Florida 33701 Mr. R. C. Blanton, Jr. Executive Secretary State Board of Funeral Directors and Embalmers Kenneth F. Hoffman, Esquire Post Office Box 1872 Tallahassee, Florida 32302 G. Kenneth Norrie, Esquire 1300 Florida Title Building Jacksonville, Florida 32202
