Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that (1) Respondent Randell E. Aultman be found guilty of violating Sections 470.036(1)(e) and (o) on three occasions by reason of his failure to timely file death certificates and that Aultman be found guilty of violating the same statutes for failure on three occasions to timely obtain a burial-transit permit and to see that such permits accompanied the bodies when being transported out-of-state, and (2) Respondent The American Funeral Home be found guilty of violating Subsections 470.036(1)(e) and (o) on four occasions by reason of its failure to timely file death certificates, and that American be found guilty of violating the same statutes for failure to timely obtain burial- transit permits on five occasions and to see that such permits accompanied the bodies when being transported out-of-state. It is further RECOMMENDED that Respondent Aultman be given a public reprimand and that Respondent The American Funeral Home be given a public reprimand and required to make six monthly filings as set forth in the Conclusions of Law portion of this order. DONE and ENTERED this 5th day of April, 1982, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of April, 1982.
Findings Of Fact At all times relevant hereto Respondent was licensed as a funeral director and embalmer as alleged. Respondent sold preneed burial services without being registered to do so by the Commissioner of Insurance, and he failed to maintain 100 percent of the funds received for the sale of such services as required by Chapter 639, Florida Statutes. When removed from the operations of the North Fort Myers Funeral Home, Respondent refunded all payments, plus interest, received for such preneed burial services. In 1978 Respondent was employed as funeral director at the North Fort Myers Funeral Home which is owned by Eugene White, a first cousin of Respondent. White, who is not licensed, had earlier bought out his original partner and needed a licensed funeral director to run the establishment. He employed Respondent and agreed to turn 25 percent ownership of the funeral home over to Respondent when the debt to his former partner, resulting from the purchase of his interest, was paid off from the profits of the funeral home. White's principal business is the operation of a furniture store in Fort Myers. In this furniture store White employed, during the winter months, Glen Downing as a salesman. Downing had been coming down to Fort Myers during the winter from Ohio for the past few years and while in Fort Myers, worked as a salesman at White Furniture Store. In 1978 Downing's wife died in Fort Myers and her body was delivered to the North Fort Myers Funeral Home for embalming and shipment to Ohio where the funeral services were held. Downing agreed with North Fort Myers Funeral Home that they would prepare the body and ship it to Ohio for a certain sum, that they would bill the Ohio funeral home for these services and that Downing would pay the total cost of the services to the Ohio funeral home. The latter forwarded their check dated January 16, 1978, in the amount of $544 to the North Fort Myers Funeral Home. This check was endorsed by Respondent and either cashed or deposited in the funeral home account. Martha Willis was the executrix of the estate of Jacob Gaberman who died October 30, 1980 and whose funeral arrangements were handled by North Fort Myers Funeral Home. Following his funeral she paid $780 to the North Fort Myers Funeral Home by check dated July 7, 1981 (Exhibit 9), and received satisfaction and release of claim (Exhibit 10). This check was endorsed by Respondent and cashed at the Flagship Bank in Fort Myers. Helen Blow's husband died October 9, 1981 and his funeral services were handled by North Fort Myers Funeral Home. Mrs. Blow paid for these services by check dated October 10, 1981 in the amount of $700. When Mrs. Blow delivered this check to Respondent, the payee was blank and she observed Respondent write his name in the payee space. The check was endorsed by Respondent and cashed at the Flagship Bank in Fort Myers. William T. Ballard maintained a joint checking account with his wife at the Flagship Bank of Fort Myers which he used for personal household type expenses. The North Fort Myers Funeral Home also maintained an account at the Flagship Bank of Fort Myers. Herbert Elkins was employed by Respondent as a funeral director and embalmer in 1980. He prepared and executed the contract signed by Helen Blow (Exhibit 1) in the total amount of $700 and marked this contract paid when the check was delivered. He also prepared, at the direction of Respondent, a similar contract (Exhibit 3) in the name of Blow, containing the same information as Exhibit 1 except the total price on Exhibit 3 is $505. In July 1982 the records of the North Fort Myers Funeral Home showed Blow owed $505 for these services. For the funeral services rendered to Downing, Gaberman and Blow, the books and records of the North Fort Myers Funeral Home do not reflect payment has been received for those funeral services. Exhibit 7, the North Fort Myers Funeral Home financial statement for the year ending December 31, 1979 includes under Bad Debts the Downing services in the amount of $439. White became disenchanted with Respondent when the accountant who handles the funeral home's records advised him the funeral home was accounting for funds six and seven months after services were rendered. White approached Downing after receipt of Exhibit 7 to inquire why he still owed for his wife's funeral. When Downing told White he had paid the bill in full, White asked Downing to get record evidence and instructed his accountant to inquire about all of those debtors listed as overdue accounts. When White asked Respondent about the Downing debt Respondent told him it was not a significant sum but the money had not been received. A couple of days later Respondent told White that the Ohio funeral home had just sent in the money for the Downing services-- almost two years late. White never authorized Respondent to use any of the funeral home funds for his personal use or to do anything with those funds except deposit them in the funeral home checking account, maintain all records of services rendered, accounts billed, funds received, checks written on the account and provide all of this information to the accountant.
The Issue Whether the license of Arnett P. Rogers, Funeral Directors' license number 701 and Embalmers' license number 873 and the license of House of Rogers Funeral Home Establishment Operators' license number 6700 should be revoked, suspended or annulled or whether Arnett P. Roger should be otherwise disciplined.
Findings Of Fact Arnett P. Rogers holds Funeral Directors' license number 701 and Embalmers' license number 873 and is the owner of House of Rogers Funeral Home which was issued Establishment Operating license number 6700. Respondent was charged in a complaint issued by Petitioner with violating Setion 470.12(1)(k); Section 470.12 (2)(c); and section 470.12(2)(p), Florida Statutes, in that as a licensed funeral director and embalmer he was found guilty of, after being charged with, a crime of moral turpitude in this State. More specifically, Respondent was charged with being found guilty of violating Section 409.325, Florida Statutes, which prohibits fraud in the handling of federal food stamps. The Respondent, Arnett P. Rogers, was charged with violating the terms of probation imposed upon him by final order of the State Board of Funeral Directors and Embalmers dated January 31, 1977, which adopted a recommended order dated December 1, 1976, copies of which are attached hereto and made a part hereof, after being charged and found guilty of a crime of moral turpitude in this state. Petitioner charged the Respondent, House of Rogers Funeral Home, with the violation of Section 470.12(4)(a), Florida Statutes, in that Arnett P. Rogers, the licensed funeral director in charge of and owner and operator of said funeral home committed acts in violation of Chapter 470, Florida Statutes, by being found guilty of a crime involving moral turpitude in this state. Respondent, House of Rogers Funeral Home, was charged with having violated the terms of the Order of Probation dated January 31, 1977. Upon examination of the evidence submitted and considering the testimony of a witness produced by the Petitioner, it is found that the Arnett Rogers shown in the information filed and judgment of guilt ordered September 23, 1977, which is attached hereto and made a part hereof, is one and the same person as the Respondent, Arnett P. Rogers. No evidence was offered mitigating the apparent turpitude of the offense for which Respondent Roger was found guilty. The Respondent, Rogers, violated the terms and conditions of the Final Order entered on January 31, 1977, which revoked Respondent's licenses but withheld revocation pending the satisfactory completion of a two year probation period beginning on the date the Order was entered. It is found that the conviction of Respondent by Judgment dated June 27, 1977, and filed by the Clerk of the Circuit Court, Fourth Judicial Circuit of Florida, in and for Duval County, Florida, is a violation of the requirements of Chapter 470, Florida Statutes, and is not a "satisfactory completion of a two year probationary period" required by the foregoing Final Order. The adjudication of guilt of a crime proscribed by Section 409.325, Fraud.-Florida Statutes, is a "crime of moral turpitude" and a violation of Section 470.12(2)(c) Florida Statutes. From the testimony and evidence submitted, it is found that Respondent intended to use food stamps as payment for funeral services to be rendered by him and The House of Rogers when he accepted food stamps in a negotiation for a down payment for a funeral. The proposed orders of the parties have been considered in the rendition of this order and any part thereof not directly treated is found to be without merit.
Recommendation Revoke the licenses of Arnett P. Rogers and the House of Rogers Funeral Home. DONE and ENTERED this 6th day of November, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Dewberry, Esquire 1300 Florida Title Building Jacksonville, Florida 32202 Lacy Mahon, Jr., Esquire 350 East Adams Street Jacksonville, Florida 32202
The Issue The issue presented is whether Respondent is guilty of the allegations contained in the Amended Administrative Complaint filed against him, and, if so, what action should be taken against him, if any.
Findings Of Fact At all times material hereto, Respondent Michael W. Thomas has been a licensed funeral director and embalmer in the state of Florida, having been issued license number FE0003256. In November of 1993, Richard Hector was extremely ill and dying at A Better Way in Christ Mission in Ft. Pierce, Florida, a homeless shelter for men where he had lived and worked. In his final days, he was attended by a hospice agency. The Mission employees summoned Lena Cohens, Hector's sister, to travel from New York where she lived to Ft. Pierce to be with her brother. The St. Lucie County Department of Human Services maintains a rotation list for the funeral homes in the area to be responsible to care for the remains of indigents. Respondent was the designated business for the month of November, 1993. Under local ordinances, if there is no next of kin or if the next of kin files for indigency, the County will determine if the death is a County case and eligible for payment of burial expenses by the County. On November 15, 1993, at 2:40 p.m., Hector died at the Mission. The hospice employees advised the Mission employees that hospice would make arrangements to have his remains transported to a funeral home, and a Mission employee went to the motel where Cohens was staying to bring her back to the Mission. Someone contacted Respondent who dispatched a removal service, Tri- County Mortuary Services, to pick up the body of Hector at the Mission and transport it to Thomas & Sons Funeral Home. On November 16, 1993, Lena Cohens, Hector's sister, and Libby Piersall, one of the directors of the Mission and a friend of Hector, went to Thomas & Sons Funeral Home to make funeral arrangements. They took with them clothes for Hector to be used for his viewing and his burial. Respondent's mother, Eliza Thomas, was present at the funeral home when they arrived, and Respondent was not. Cohens and Piersall identified themselves to Respondent's mother and told her why they had come. They said they wanted a viewing of Hector for family and friends. Eliza Thomas told them that Hector would not need any clothes because they would just dig a hole, put the body in a box, and put the box in the ground. Cohens and Piersall became very upset at Respondent's mother's explanation of how the body would be handled and left the funeral home without authorizing Thomas & Sons Funeral Home to perform any services. Specifically, there was no discussion regarding embalming the body. Cohens and Piersall returned to the Mission and told Chuck Kramer, a Mission employee, what had happened at Thomas & Sons Funeral Home. Cohens told Kramer she wanted a different funeral home to care for her brother's remains. Kramer contacted Buddy Hobbs at Haisley-Hobbs Funeral Home and requested that he take over the arrangements so they could be handled in a better manner and so the family could have a viewing. Based upon what he was told, Hobbs advised Kramer that he could not do anything because the County would take over the arrangements. Hobbs explained to Kramer about the County's rotation list and that Thomas & Sons Funeral Home was on the list for November. The following morning, Piersall and Cohens went to the County's Department of Human Services to apply for County benefits for an indigent funeral. While they were there, Kramer began going through Hector's belongings at the Mission. Kramer found a bank statement and bank book showing that Hector had over $1,300 in the bank. As soon as Piersall and Cohens returned to the Mission, Kramer told them about the bank account. They again telephoned Hobbs, told him how much money Hector had, and Hobbs told them that he would make the arrangements for Hector's funeral for that amount of money. He made an appointment with them for 1:00 that afternoon, November 17. Cohens, Piersall, Kramer, and Reverend Ted Rice from the Mission went to the 1:00 appointment with Hobbs. Hobbs contacted Petitioner for guidance on how to handle the situation and was advised that he should prepare a release to be taken to Thomas & Sons Funeral Home. Hobbs prepared a release directed to Thomas & Sons Funeral Home which read as follows: I, LENA COHENS, sister of RICHARD HECTOR, Deceased, hereby authorize the release of the remains of my brother, RICHARD HECTOR, to Haisley-Hobbs Funeral Home of Ft. Pierce, Florida. The release was signed by Lena Cohens, witnessed by Libby Piersall and Chuck Kramer, and notarized. Cohens, Piersall, Kramer, Rice, Hobbs, and Victor Hankins, an employee of Haisley-Hobbs, then went to Thomas & Sons Funeral Home with the release to pick up the body of Richard Hector. When they arrived there, only Eliza Thomas was present. Hobbs told her who he was and then introduced everyone else. He gave her the release and advised her that they were there to pick up Hector's body. She told him she would not release the body and telephoned Respondent who came to the funeral home. When Respondent arrived, Hobbs gave Respondent the release. Respondent advised Hobbs that he would not release the body until after someone paid him $420 to reimburse him for transporting and embalming the body. Hobbs asked Respondent if Respondent understood what he was saying and that Respondent could not hold the body as ransom. Respondent told Hobbs that Hobbs could call it whatever he wanted but that Respondent would not release the body until after he was paid. Respondent then told the group to leave his place of business. Respondent's refusal and stated reason were heard by Piersall, Rice, and Kramer. Respondent stated no other reason for his refusal to release the body. Specifically, Respondent did not say anything about his belief that Hector was a County case. The group left Thomas & Sons Funeral Home without Hector's remains. On November 18, Hobbs called Petitioner again to advise what had happened. One of Petitioner's attorneys called Hobbs back and advised that the attorney had spoken to Respondent and that Respondent would be calling Hobbs to come and pick up the remains. Instead, Respondent telephoned the Mission and told Kramer to have Haisley-Hobbs come and pick up the body. Kramer then called Hobbs, and Hobbs sent a driver and another employee of Haisley-Hobbs to Thomas & Sons Funeral Home to pick up the body. When they arrived, Respondent refused to give them the body and told them that he would deliver the body to Haisley-Hobbs instead. Hector's body arrived at Haisley-Hobbs later that same day. In a prior administrative proceeding, Petitioner filed an administrative complaint against Respondent on April 4, 1989, alleging, inter alia, that Respondent had refused to promptly surrender the custody of a dead body upon the express order of the legally authorized person, and Respondent requested a formal hearing regarding that administrative complaint. That prior matter was subsequently referred to the Division of Administrative Hearings where the matter was scheduled for formal hearing. After the parties engaged in discovery, that administrative complaint was referred back to the probable cause panel of the Board of Funeral Directors and Embalmers for re-consideration. In that prior action, the probable cause panel determined that although Respondent had violated the statutory requirement to surrender properly the custody of a dead human body upon the express order of the legally authorized person, the circumstances surrounding that refusal dictated that that administrative complaint be dismissed with only a letter of guidance issued to Respondent. That letter of guidance, dated November 22, 1989, and sent to Respondent at Thomas & Sons Funeral Home, became a permanent record in Respondent's licensure file. That letter of guidance does not, however, constitute prior disciplinary action.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding Respondent guilty of the allegations contained in the Amended Administrative Complaint and requiring Respondent to pay an administrative fine in the amount of $1,000 by a date certain. DONE and ENTERED this 13th day of June, 1995, at Tallahassee, Florida. LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of June, 1995. APPENDIX TO RECOMMENDED ORDER Petitioner's proposed findings of fact numbered 1-14 have been adopted either verbatim or in substance in this Recommended Order. Respondent's proposed finding of fact numbered 1 has been adopted either verbatim or in substance in this Recommended Order. Respondent's proposed findings of fact numbered 2-4 have been rejected as not being supported by the weight of the credible evidence in this cause. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Donnette Reid, Qualified Representative Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Victor John E. Vale, II, Esquire 205 South Second Street Ft. Pierce, Florida 34950 Susan Foster, Executive Director Department of Business and Professional Regulation Board of Funeral Directors and Embalmers 1940 North Monroe Street Tallahassee, FL 32399-0754 Lynda Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
