Recommendation For the violations as established in the course of this complaint it is recommended that the license of Arnett P. Rogers to practice as the funeral director, license no. 703, and to practice as an embalmer, license no. 873, be revoked but that such revocation be withheld pending the satisfactory completion of a two year probationary term. It is recommended that the license of the Respondent, House of Rogers Funeral Home, license no. 670, be revoked, but that revocation be withheld pending the satisfactory completion of a two year probationary term. DONE and ENTERED this 1st day of December, 1976, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: G. Kenneth Norrie, Esquire 1300 Florida Title Building Jacksonville, Florida 32202 D. Chanslor Howell, Esquire 606 Fletcher Building 1000 Riverside Avenue Jacksonville, Florida 32204
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
Findings Of Fact Jerry Franklin, Sr., owns funeral establishments bearing the name of Franklin Funeral Home in Tampa, Lakeland and Avon Park, Florida. He is not licensed by Petitioner as a funeral director or embalmer. Each of these locations is licensed as a funeral establishment. Nettie Fay Franklin is the daughter of Jerry Franklin, Sr., and is a licensed funeral director and embalmer. She was so licensed at all times here relevant. Jerry Franklin, Jr., was a licensed funeral director and embalmer until his license was revoked in 1977. He was unlicensed at all times here relevant. Thomas F. Nelson, Jr., was licensed as a funeral director and embalmer until he surrendered his license to Petitioner in April of 1982, at which time he was dropped as a party-respondent in Case 82-669. Willie B. Williams was licensed as a funeral director and embalmer until he died in December, 1981. He was dismissed as a party-respondent in Cases 82-1494 and 82-1495. Ed Farmer operated the Franklin Funeral Home in Avon Park, Florida, during the latter part of 1980 and the first part of 1981. He was never licensed as a funeral director or embalmer. During the time he operated this funeral home he performed the services of a funeral director such as arranging for and conducting funerals, although, without a license, performance of such services is unauthorized. Diane Gossett, an investigator for the Department of Professional Regulation, visited the Franklin Funeral Home in Avon Park, Florida, on November 16, 1981. The sign on the door said Franklin Funeral Home, Willie W. Benton, Licensed F.D.. & Emb. in Charge." No one. responded to the door bell and there was no evidence of persons present. No evidence was presented that Benton was not registered as a funeral director and embalmer. The Benton funeral director sign was erected by Jerry Franklin, Sr., in September, 1981, while in the company with Leo Huddleston. Clara Mae Foster died on 31 March 1981. Her adult grandchildren contacted Jerry Franklin, Sr., who transported the body from the hospital to the Avon Park funeral home on that date. These grandchildren went to the Franklin Funeral Home the following day to make arrangements for the funeral. There they talked to Jerry Franklin, Sr., who showed them caskets and discussed the price of the funeral services, transportation, flowers, time for viewing the body, etc. When told they wanted the funeral on Saturday, April 4, Franklin replied that he had to go to Jacksonville for his son's funeral on that date and it was agreed Jerry Franklin, Jr., would conduct the funeral services. Funeral services for Foster were scheduled for 11 a.m. on April 4, 1981, and around 11:30 a.m. Jerry Franklin, Jr., came to the home of the Foster family to collect the balance of the amount owed for the funeral. Some arguments arose and a grandson wrote out a check for Franklin which he reportedly refused to accept and demanded cash. Nevertheless, the funeral proceeded with Franklin, Jr., apparently in charge of all functions. No witness reported seeing Nettie Fay Franklin at this funeral although Jerry Franklin, Sr., testified she was in charge of this funeral. Nettie Fay Franklin prepared the Foster body for burial after it was transported to the Franklin Funeral Home in Avon Park. Leo Huddleston, an investigator for Petitioner, visited all of the Franklin funeral establishments several times while conducting his investigation. He last visited the Tampa funeral home around June 1, 1982, and the name on the funeral director sign at this funeral home still read "Thomas Nelson," although Thomas Nelson had surrendered his license in April, 1982. In July, 1981, when Huddleston visited the Franklin Funeral Home in Avon Park, the sign read "Jerry and Nettie Franklin, Jr., Funeral Directors in Charge." In September, 1981, Huddleston visited the Avon Park facility in company with Jerry Franklin, Sr., who installed a sign reading "William B. Benton, Licensed F.D. & Emb. in Charge." In April, 1981, the sign at Lakeland Franklin Funeral Home had the name J. T. Bronson and the telephone number but did not indicate Bronson was the funeral director or embalmer. Huddleston also visited the Lakeland establishment with Jerry Franklin, Sr., September, 1981, at which time Franklin installed a hand-lettered sign reading "Nettie Franklin Lic. F.D. & Emb. in Charge." Jerry Franklin's testimony, that he believed he could legally perform funeral director functions if a licensed funeral director was at the funeral home, is not credible. According to his own testimony, Franklin has been in the funeral business since he was 12 years old, some 53 years. Charges similar to those here involved were brought against the Franklin Funeral Home in Tampa in 1977 and Jerry Franklin, Sr., participated in those proceedings. His son, Jerry Franklin, Jr., lost his license as a funeral director after disciplinary proceedings had been brought against him. Jerry Franklin, Sr., was well aware that in preparing the funeral arrangements with the relatives of Foster he was performing acts the law requires be performed by a licensed funeral director. By his own admissions (Exhibit 5) he acknowledged that he frequently discussed and prepared funeral arrangements with the survivors of the deceased. It is only his claim, that he believed such actions proper so long as a licensed funeral director is on the premises, that is not believed. His conduct in selling caskets and making funeral arrangements is not surprising when performed by the owner of the funeral home living on the premises. Jerry Franklin, Sr., Lives at the Franklin Funeral Home in Tampa. The Lakeland and Avon Park Funeral Homes failed to report the number of cases embalmed and bodies handled at those funeral homes during 1981 and 1982. All of the cases embalmed and bodies handled at the three funeral homes were reported by the Tampa funeral home.
Findings Of Fact Robert L. Brown is licensed as a funeral director and embalmer and Brown's Paradise Memorial, Chapel is licensed as a funeral establishment, and both were so licensed at all times here relevant. Vincent Foster was involved in an industrial accident at approximately 4:30 p.m. on Friday, August 13, 1982, while working on a building which collapsed. He was taken to Central Florida Regional Hospital, Sanford, Florida, where he was pronounced dead shortly after 6:00 p.m. The deceased was survived by his common-law wife of ten years, three children, mother and father, and several brothers and sisters. Vincent's brother, James Foster, resides in Sanford, Florida, as do his parents. James learned of the accident around 5:30 p.m., went to the construction site where he found the body had been taken to the hospital. He proceeded to the hospital, where his mother, Armetta Foster, had already arrived, and learned his brother was dead. He discussed funeral arrangements with his mother and they agreed they preferred Wilson-Eichelberger Funeral Home. That evening James called Eunice Wilson and left the message for her to call back. The following morning James went to his mother's house while awaiting the arrival of Vincent's common-law wife, Lelia May Dellafield. James and his mother agreed Lelia should make the decision about which funeral home to use. Lelia was the beneficiary of Vincent's insurance policy and was expected to pay for the funeral. Lelia tended towards Respondent's services and wanted to talk to Respondent about providing services. James then contacted Brown's assistant, Howard LaFair, and told him Lelia wanted to talk to Brown about picking up the body and conducting funeral services. James then went to the hospital where he was told an autopsy was in progress and it would be at least two hours before the body could be picked up. Leaving the hospital, he encountered LaFair in Brown's hearse and told him pickup of the body was delayed at least two hours due to the autopsy. The hospital subsequently released the body to Respondent without obtaining a release to do so from Vincent's surviving relatives. Saturday afternoon Brown came over to Lelia's apartment where James, his wife, and his mother were waiting. Upon his arrival Brown led them in prayer, following which he inquired who would be paying for the funeral services, and a general discussion followed. No specific terms were agreed upon. During this discussion Respondent told Lelia she should call him when the insurance agent arrived. Before leaving Brown advised them he would pick them up Monday to visit the casket house in Orlando to pick out a casket. Monday morning the insurance agent, who had recently sold Vincent a $5,000 life insurance policy with triple benefits for accidental death, came to Lelia's apartment and she called Brown, who came over. Brown asked questions about the policy and wanted the insurance agent to hand the policy to him. The latter refused to do so, saying the only one who could give him the policy was Lelia. When James Foster, who had left before the agent arrived, returned around 10:00 a.m., the agent had departed but Brown was still there and had possession of the policy. That afternoon Brown and his secretary took James, Lelia, and her brother to the Orange County Casket Company. Lelia was too upset to stay in the room with the caskets and remained outside while the other three looked at caskets. James testified that Brown selected the wood-grained casket stating he "wanted my boy [Vincent] to go out in style." Respondent testified that James picked out the casket and they told Lelia which one was selected and she agreed. They then returned to Sanford to Respondent funeral home where arrangements for the funeral were discussed. No contract was signed at this time. Exhibit 1, which is a contract for funeral services, preparation of body, supplies, etc., indicates it was approved by Lela[sic] Dellafield, However, Lelia testified that was not her signature. The signature on Exhibit 5, a subsequent contract with Wilson-Eichelberger funeral home was identified by Lelia as her signature. On Exhibit 5 the signature is "Lelia Dellafield." On Exhibit 1 the signature is "Lela Dellafield." Exhibit 1 first appeared when James, Lelia, and her brother returned to the funeral home from the casket house. The contract was first seen by James when he returned to the room after briefly leaving to go to the bathroom. Lelia was upset because Brown had not returned her insurance policy. When they returned to Lelia's apartment from the funeral home, Lelia told James that Brown still had her insurance policy and she wanted it back. Later that evening she told James she did not want Brown to handle the services. He advised her to so advise Brown on Tuesday. On Tuesday Brown received the word that Lelia wanted another funeral home to handle the funeral. His assistant, LaFair, telephoned Lelia to berate her for not using Brown. Respondent was out of town Wednesday when James went to the funeral home to get Lelia's insurance policy. However, Brown's secretary got Brown on the phone and James talked to him. He told Brown he wanted the policy back and he did not intend to allow Brown to take anything away from his brother's kids. Wilson-Eichelberger funeral establishment sent a car to Respondent's funeral home Wednesday to pick up Vincent's body, but LaFair would not let them have the body. He told them the funeral home was locked, Brown was out of town, and he, LaFair, would not release the body. By Wednesday evening Vincent's brothers and sisters had arrived, were told the events that had transpired, and all proceeded to the funeral home to find out why the body had not been released. Upon their arrival Brown was out of town and LaFair said he did not have a key to get in the funeral home. On Thursday the Fosters proceeded to the State Attorney's Office to instigate charges against Brown for refusing to release Vincent's body. Also on Thursday morning, Brown had returned to Sanford and telephoned Susan Foster, a Department of Professional Regulation Complaint Analyst, in Tallahassee, to inquire about his right to hold a body until he had received payment far his services. He was told by Ms. Foster that he was entitled to fees for services he had performed if such services had been authorized in writing but that he had no right to hold the body. Later that afternoon James Foster called Susan Foster requesting Petitioner's assistance in getting his brother's body released. After leaving the State Attorney's Office, the Fosters, accompanied by a TV news cameraman, proceeded to Respondent's establishment. Brown was present, as was James Golden, Brown's lawyer, who Brown testified he did not hire and did not know why he was at the funeral home on Thursday. Upon the arrival of the Fosters, Golden came out and told them Brown would only talk to Lelia Dellafield. However, the family was allowed in. During this time Lelia's policy was returned. Brown told them he wanted $3,400 for services he had performed before he would release the body. After some heated discussion Brown got up and went into his office. The others present, including Golden, thought Brown was going for a weapon and ran. Shortly thereafter Brown turned himself into the hospital with a nervous breakdown. Brown testified he called Wilson- Eichelberger on Thursday to come pick up the body but they told him they would not touch it because the state had become involved. Friday morning Brown called Winfred Burrell, a licensed funeral director. Burrell was not at home but his wife could get in touch with him and have him call Brown at the hospital. Burrell called Brown who asked Burrell to go to the funeral home and take over the job of getting the body released and to have the Fosters agree to pay for the services Brown had rendered. He gave Burrell full authority to act for Brown. Burrell arrived at the funeral home late Friday afternoon, met with the Fosters, and entered into an agreement with them to pay Respondent $300 for embalming the body and $45.00 each for two trips with the body, one from the hospital to the funeral home and one to the other funeral home. The body was delivered to Wilson-Eichelberger Friday night and the funeral was held Saturday. Lelia Dellafield has little recall of what took place immediately following Vincent's death. She does not recall specifically what she did and did not do. The only reason she maintained she did not sign Exhibit 1 is because that is not her signature on that document. In addition to the insurance policy, Lelia and her children are the beneficiaries of Vincent's worker's compensation. This is a $100,000 benefit which Lelia receives in biweekly installments from her lawyer and trustee. She has no idea how long these payments will continue. In addition to the triple indemnity insurance policy and the survivor's benefit from worker's compensation, the worker's compensation coverage also provided $2,500 for funeral services. The insurance carrier for the construction company for whom Vincent worked is Florida Farm Bureau Insurance Company (FFB). FFB paid the bill for services in the amount of $2,366.50 to Wilson-Eichelberger. Later FFB received a letter from the attorney for Lelia asking for payment of the $390 paid to Brown and FFB wrote to Brown asking if that amount was correct. FFB then paid the balance of the $2,500 (less the $2,366.50 paid to Wilson-Eichelberger) or $133.50 to Lelia. Upon receipt of the inquiry from FFB Brown prepared a bill for services performed for Vincent Foster in the amount of $1,170 and forwarded it to FFB for reimbursement (Exhibit 4). Brown testified he did not expect to get paid for the services listed in the bill, which included arranging, supervising, and conducting a funeral, but sent it in because FFB "asked him to."
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant findings of fact are made: The Department is the administrative agency of the State of Florida charged with the responsibility and duty to prosecute administrative complaints pursuant to the laws of the State of Florida, in particular Chapter 470, Florida Statutes. At all times material to this proceeding, Respondent was a licensed funeral establishment in the State of Florida known as Marion Community Funeral Chapel (Community Chapel), located at 917 South Delaney Avenue, Avon Park, Florida, and issued license number FH 0001398. At all times material to this proceeding, Eloise Marion (Marion) was the sole owner of Community Chapel. Eddie J. Wyche, a 60 year old male, died while a patient in the care of Florida Hospital, Avon Park, Florida. A death certificate issued on March 29, 1995, shows the time of death to be 2:00 p.m. on March 23, 1995. Jannie L. Wyche, wife of Eddie J. Wyche (deceased), was present at the hospital at the time of Eddie Wyche's death. Jannie L. Wyche (wife) was the "legally authorized person" to direct the disposition of the decedent's body. Hospital officials advised the wife that the hospital did not have the necessary refrigeration facility to hold the dead body and that the body had to be removed immediately. Thereafter, the hospital furnished a release form for the wife to sign which legally allowed Community Chapel to remove the body of the deceased from the hospital and to transport the body to Community Chapel's place of business. Later on that same day, March 23, 1995, Marion, along with Leroy Brown, transported the body to Community Chapel. In the early evening of March 23, 1995, Marion went to the deceased mother's home to inquire about making funeral arrangements but was advised that the wife would be handling the funeral arrangements. Later on that same evening, Marion went to the wife's home to make an appointment to discuss the funeral arrangements. After Marion advised the wife that she had picked up the body, the wife told Marion "do what you have to do" or words to that effect. In response to the wife's inquiry of getting together to "make arrangements", Marion advised the wife that Marion did not have time at the moment to discuss the funeral arrangements due to a prior appointment, and because of a "viewing", which was scheduled for Friday, March 24, 1995, and a "burial" scheduled for Saturday, March 25, 1995, she would not be available until sometime between 3:00 p.m. and 6:00 p.m. on Saturday, March 25, 1995. No specific time for an appointment to discuss the "arrangements" was agreed upon at this time. Because there was nothing further, other than embalming, which needed to be done to the body, Marion interpreted the wife's response of "do what you have to do" as the wife's verbal permission to proceed with embalming the body. Marion proceeded with having the body embalmed. Although the wife and Cheryl Johnson testified that the wife did not make such a statement, I find Marion's testimony to be more credible in this regard. Previously, Marion had previously handled the arrangements for the funerals of the wife's mother and sister, and it does not seem logical that Marion would have moved forward with the embalming body without some indication from the wife to do so. Not completely satisfied with Marion's response about a time for making "arrangements", the wife, on the advice of her sister, decided to engage another funeral establishment to handle the funeral. Several hours later, the wife contacted Marion and advised Marion that she had decided to engage another funeral establishment to handle the funeral arrangements. At this time, the wife neither advised Marion as to the name of the other funeral establishment that was to handle the funeral arrangements nor give Marion any express order for the release of the body. Later on in the evening of March 23, 1995, the wife telephoned Ed Harrell in regards to his funeral establishment handling the funeral arrangements for her late husband. Harrell advised the wife to contact and advise Marion of her decision, and that he would come by Marion Community the next day to pick up the body. After talking with the wife, sometime around 10:00 p.m. on March 23, 1995, Ed Harrell telephoned Marion to advise her of the wife's decision to engage his establishment in handling the funeral arrangements. Harrell also told Marion that he had a release form to pick up the body and would be around on Friday, March 24, 1995, to pick-up the body. Upon inquiry by Harrell, Marion advised Harrell that the family owed for transporting and embalming the body. There is no evidence that a release form was presented to Marion at any time before, or at the time, the body was released to Harrell by Marion. Sometime on Friday, March 24, 1995, the wife advised Marion that Ed Harrell would be handing the arrangements for the funeral and would be by to pick up the body. At this time, Marion advised the wife that the wife owed Marion for transporting and embalming the body, and that "someone got to pay me for transporting and embalming." The amount owed was not discussed at this time. Marion did not tell the wife that the body would not be released unless, and until, the amount owed was paid. After the wife talked with Marion, on Friday, March 24, 1995, Ed Harrell attempted to visit Marion in regards to picking up the body, but Community Chapel was closed. Ed Harrell then went to the wife's home. Later that day, Harrell contacted Marion by telephone, and was informed that there was a charge of $90.00 for transporting the body and $375.00 for embalming the body which had to be paid. Marion did not tell Ed Harrell the body would not be released unless, and until, the amount was paid. On each occasion (at least three) when Harrell called Marion about picking up the body, Marion insisted that she must be paid for the embalming (there was no dispute about the transport fee), and each time Marion was told by Harrell that the wife would not pay the embalming fee. And each time that Marion was told that the wife would not pay the embalming fee, Marion would hang up the telephone. However, the more credible testimony is that Marion did not tell Harrell that the body would not be released unless, and until, the amount owed was paid. Apparently, Harrell considered Marion's hanging up the telephone as a refusal to release the body without first being paid. Although it may have been frustrating, Marion's hanging up the telephone when told she was not going to be paid, does not rise to the level of refusing an express order to release the body. On Saturday, March 24, 1995, Marion released the body to Ed Harrell, and at the same time, Respondent was paid $465.00 for services rendered. Marion assumed, based on the wife instructing Marion to "do what you have to do", that she had oral permission from the wife to embalm the body of the deceased, However, Marion neither attempted, nor was she given, written permission or authority from the wife to embalm the body of the deceased. Other than advising Marion that Ed Harrell would be by to pick up the body, there is no evidence that the wife gave Marion an express order, requiring Respondent to promptly surrender the body to Ed Harrell. Likewise, there is insufficient evidence to show that Marion refused to release the body unless, and until paid, after being given an express order by Harrell, on instructions from the wife, to release the body, notwithstanding the testimony of Ed Harrell which I find lacks credibility
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law and the disciplinary guidelines set out in Rule 61G8-30.001(4), Florida Administrative Code, it is recommended that the Board enter a final order finding that Respondent did not violate Section 470.036(1)(p), Florida Statutes (1993), and dismissing Count I of the Administrative Complaint. It is further recommended that the Board finds that Respondent violated Section 470.036(12)(t), Florida Statutes (1993), and that such violation was a "technical violation" requiring only a written reprimand and an assessment of an administrative fine in the amount of Five Hundred Dollars. RECOMMENDED this 26th day of June, 1996, at Tallahassee, Florida. WILLIAM R. CAVE, 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 26th day of June, 1996. APPENDIX TO RECOMMENDED ORDER CASE NO. 95-5940 The following constitutes my specific rulings, pursuant to Section 120.59(2), Florida Statutes, on all of the proposed findings of fact submitted by the Department in this case. Department's Proposed Findings of Fact. Proposed findings of fact 1-8, 10-14, 16 and 18 are adopted in substance as modified in Findings of Fact 1 through 22. Proposed finding of fact 9, as stated, is not a finding of fact but a conclusion of law. Proposed findings of fact 15 and 17 are not supported by evidence in the record. As to proposed finding of fact 19, Respondent was paid $465.00 which was calculated as $375.00 for embalming and 90.00 for transporting. There is an error in calculating the total amount due on Department's exhibit 4 since $375.00 plus $95.00 equals $470.00, not $465.00 as indicated on exhibit 4. The evidence shows that Respondent was paid $465.00 at the time the body was released but the release of the body was not condition upon the payment. Proposed findings of fact 20 and 21 are neither material nor relevant. Respondent's Proposed Findings of Fact. Respondent elected not to file any proposed findings of fact and conclusions of law. COPIES FURNISHED: Gregory D. Venz, Agency Clerk Department of Health and Rehabilitative Services Building 7, Suite 728 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Richard Doran, General Counsel Department of Health and Rehabilitative Services 1323 Winewood Boulevard Building 7, Suite 728 Tallahassee, Florida 32399-0700 Jack Emory Farley, Esquire Department of Health and Rehabilitative Services District 14 270 Bartow Municipal Airport Bartow, Florida 33830 R. E. D. (Address of Record)
