The Issue The issue presented for determination herein is whether or not disciplinary action should be taken against the Respondents' licenses as funeral directors, embalmers and a funeral establishment based on conduct set forth hereinafter in detail based on allegations in the Administrative Complaint filed herein dated February 2, 1982.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the oral and documentary evidence adduced at the hearing, and the entire record compiled herein, the following relevant facts are found. At all times pertinent to this proceeding, Respondent E. Stone, held a license to practice funeral directing and embalming and acted as the funeral director in charge of Respondent Stone's Funeral Home. (Petitioner's Exhibit No. 1) At all times pertinent to this proceeding, Respondent Janorise G. Stone (herein sometimes called Mrs. Stone), held a license to practice funeral directing and embalming. (Petitioner's Exhibit No. 2) At all times pertinent to this proceeding, Respondent Stone's Funeral Home was a licensed funeral establishment. (Petitioner's Exhibit No. 1) On or about September 12, 1979, Gerald M. Jordan was stillborn to Mr. and Mrs. Earnest Jordan. The Jordans, not lawfully married at the time, subsequently did so. Mrs. Jordan contacted the Respondents' establishment for the purpose of arranging a funeral for the deceased Jordan. Mr. Jordan went to Stone's Funeral Home and met with Rudolph E. Stone, the owner/ manager of Stone's Funeral Home. Rudolph Stone is not licensed as a funeral director. Respondent, Janorise Stone, quoted Mr. Jordan a $95.00 charge for a burial, without funeral services, for his son. Respondent Janorise Stone advised Mr. Jordan that she would call Riverview Memorial Gardens (Riverview) an area cemetery to find out how much it would cost to bury the child there. After speaking on the phone to an agent of Riverview, Mrs. Stone advised Mr. Jordan that the price would be $50.00, i.e., $25.00 for the perpetual care fund and $25.00 for the burial space. Mr. Jordan paid $50.00 to Stone's Funeral Home. The payment was accepted by Respondents' maid who gave Mr. Jordan a receipt for the payment. The baby was buried on September 20, 1979. The Jordans never asked the Respondents to return the $25.00 fee paid for the burial space at Riverview. 2/ There was no written agreement or contract evidencing the terms of the services provided to the Jordans by the Respondents. However, Mrs. Stone gave the Jordans an itemized statement for the services rendered. Mrs. Geraldine Jordan stated that she was present when her husband was told by Mrs. Stone that the burial space at Riverview was $50.00. Mrs. Stone had telephonically inquired of Riverview the price of a grave site for a premature baby. She advised the Jordans that the fee would be $50.00 following the telephone inquiry. During December, 1981, Mrs. Stone delivered to Mrs. Jordan a check in the amount of $25.00 which was specifically given as a "refund on perpetual care" for Riverview. Doris Shumway acted as secretary for Riverview during September, 1979. Mrs. Shumway recalled that Riverview had been recently purchased in a receivership proceeding from American Bank of Merritt Island, Florida. Mr. R. J. Witek, the purchaser, related that that was his first endeavor in the management of cemeteries and was his second dealing with the burial of an infant. As a result, Riverview was then developing a pricing policy and in fact relied upon the advice and guidance of the Respondents as well as other area funeral homes for assistance in formulating a pricing policy for burial sites and other related services. (Testimony of Shumway and R. J. Witek) Mr. Witek related that at one period there was in fact a $50.00 charge for the burial of a newborn infant while the cemetery had been in receivership. Throughout the period while the receivership proceeding was pending, and subsequent to Witek's purchase of the cemetery, the price for the burial of a newborn infant at Riverview fluctuated until a pricing policy was established. (Testimony of Witek) Mrs. Jordan, mother of the deceased, did not meet with Respondents until approximately three months after the burial of her son. At that time, Respondents provided her with an itemized list of the services provided and the costs therefor. The Respondent establishment has been in existence since approximately 1923. The subject complaint represents the second administrative complaint in the Respondent establishment's fifty-nine (59) year existence. Mrs. Stone, Respondents' licensed funeral director and embalmer, delivered to Mrs. Jordan a check for the sum of $25.00 after she was contacted by the Petitioner and was advised that the Jordans had made a $25.00 overpayment for the burial services of the deceased Jordan. Mrs. Stone checked her records and confirmed the existence of an overpayment and immediately refunded same to Mrs. Jordan. (Deposition of R. J. Witek and Exhibit 1 attached thereto) Mrs. Stone reviewed the pricing schedule of all the other area cemeteries for the benefit of, and at the request of, Mr. Jordan in arriving at a fee which was charged to the Jordans. Mrs. Stone had no specific independent recollection as to the exact payment to Riverview on behalf of the Jordans. Mrs. Stone denied any attempt to misrepresent or otherwise defraud the Jordans of any monies. She related that the overcharge occurred as a result of the fluctuating fee schedule which was in effect at Riverview due to its (Riverview) new entry in the cemetery business. Mrs. Stone recalled providing Mrs. Jordan an itemized statement for the services provided them during 1979 although no formal contract with signatures was given the Jordans. Mrs. Stone reiterated the fact that the Jordans were not provided an itemized statement or contract detailing the specifics respecting prices and the services offered inasmuch as the Jordans did not meet with the Respondents until some three (3) months after the burial of their son.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby, RECOMMENDED: (1) That the Administrative Complaint filed herein against Respondents be DISMISSED. 3/ RECOMMENDED this 18th day of November, 1982, in Tallahassee, Florida. JAMES E. BRADWELL, 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 18th day of November, 1982.
The Issue Whether the Funeral Director's license and/or the Embalmer's License of Donald B. Johns should be suspended or revoked. Whether the license of the Donald B. Johns Funeral Home should be suspended or revoked.
Findings Of Fact The Respondent, Donald B. Johns, holds a Funeral Director's license, No. 1473, and an Embalmer's license, No. 1633. The Donald B. Johns Funeral Home is licensed as No. 827. A complaint was filed against Respondent by Petitioner for the violation of Section 470.10(6), 470.12(1)(k), and 470.12(2)(p), Florida Statutes, and the Respondent Donald B. Johns Funeral Home was charged with violations of Section 470.12(4)(a), 470.12(4)(c), and 470.30(6), Florida Statutes. A request for a formal hearing for an appointment of a hearing officer was made by the Respondent, Donald B. Johns, and the Petitioner, State Board of Funeral Directors and Embalmers, petitioned for this hearing. Notice to appear were duly sent to the parties. Mr. and Mrs. James Jesse and the decedent's grandmother, Mrs. Jesse, contacted the Donald B. Johns Funeral Home in arranging for the funeral of the decedent, Jason Jesse, an infant. The Respondent, Donald B. Johns, as the funeral director and embalmer, appointed one Thomas Davis to make the arrangements for said funeral. The negotiations and arrangements included meeting the family at the funeral home; inquiry as to the desired services; quotation of the costs thereof; showing the family a casket catalog and ordering a casket for the family; requiring the family to complete the paperwork for the cremation; offering a cremation urn for sale; arranging a viewing for the family at the funeral home; advising the family on the availability of services at the cemetery selected by the family; discussing the availability of a sign-in book and name cards at the funeral home; attending services at the church; and attempting to correct defects in the casket and presentation of the body at the viewing. The Respondent Donald B. Johns was aware of and permitted Thomas Davis to handle the funeral arrangements on behalf of the funeral home which the Respondent owned and operated as the licensed funeral director in charge, when he knew that said Thomas Davis was only an attendant and not licensed as a funeral director. The funeral arrangements were not satisfactory to the family of the decedent and there were misunderstandings and unnecessary and trying experiences for the family.
Recommendation Revoke the licenses of Donald B. Johns and the Donald B. Johns Funeral Home, impose a fine under Section 470.34 in an amount not to exceed $1,000.00. DONE and ORDERED this 27th day of March, 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: Michael J. Dewberry, Esquire 1300 Florida Title Building Jacksonville Florida 32202 Donald B. Johns 3890 Andrews Avenue Ft. Lauderdale, Florida 33309
Findings Of Fact Respondent, Sowell, is currently a licensed funeral director and embalmer in the State of Florida. Respondent, Sowell's Funeral Home, is a licensed funeral establishment in the State of Florida. Sowell is the licensed funeral director and embalmer in charge of Sowell's Funeral Home. On April 19, 1978, Mr. Eston Singletary died in Jacksonville, Florida. His divorced wife, Gussie Wright Singletary, called the Reverend Charles James Crosby to come to her former husband's death bed. Reverend Crosby is minister of the New Trinity Baptist Church in Jacksonville, and, while never a licensed funeral director and embalmer, he worked for the Sowell Funeral Home from 1949 to 1952 and from 1960 to 1968. Reverend Crosby has no financial interest in Sowell Funeral Home. Mrs. Singletary claims that Reverend Crosby represented to her that he owned Sowell's Funeral Home. It was for this reason, says Mrs. Singletary, that she contacted Reverend Crosby and agreed to turn her former husband's body over to Sowell's. However, there is no evidence to establish that Sowell either authorized or knew about such a representation on the part of Reverend Crosby, if it in fact occurred. Upon the advice of Reverend Crosby, Mrs. Singletary released her former husband's body to Sowell at the hospital. Mrs. Singletary did not have adequate funds to cover the expense of the funeral preparations so Reverend Crosby paid for the funeral and Mrs. Singletary agreed to reimburse him. Mrs. Singletary asked Reverend Crosby to handle the details of the funeral for her. Thereafter, Sowell handled the body of Eston Singletary, embalmed it and signed the required death certificate as funeral director. The evidence shows that in connection with Singletary's death, the Reverend Charles Crosby met with the family of the deceased, including Mrs. Singletary; assisted the deceased's family in planning the details of the funeral; advised the family regarding the release of the body to Sowell; arranged for flowers for the funeral; accompanied the family to a local casket company for its selection of a casket in which to inter the deceased; met with members of the family to collect information for completion of the required death certificate; and received case and checks from family members and other sources in an amount exceeding Sowell's charges by $142.76. When Sowell was contacted by Reverend Crosby, Crosby represented that he was acting on behalf of the deceased's family. It was to Reverend Crosby and not to the family that Sowell delivered the receipt for the services he rendered. On April 27, 1978, Reverend Crosby, on behalf of the family and Sowell, on behalf of the funeral home, entered into a contract for services to be provided in connection with the funeral of Eston Singletary. Reverend Crosby obtained personal information regarding the deceased from the family for Sowell. Sowell then arranged for the obituary notice. The night before the funeral there was a viewing of the deceased at the funeral home. Reverend Crosby was there escorting the widow. The following day, Reverend Crosby served as master of ceremonies at deceased's funeral which was conducted at a church other than the one with which the Reverend Crosby was associated. Sowell was in attendance at the deceased's funeral. While the widow testified that she had not seen Sowell at the funeral, such testimony is insufficient to overcome Sowell's testimony that he did attend the funeral since the widow, having never met Sowell, would not have recognized him if she had seen him. Sometime subsequent to the funeral, the widow went to the funeral home to get a receipt. Since the funeral home was closed at the time, she called Sowell at his home. Sowell informed her that the receipt had been given to Reverend Crosby. With regard to the remaining charge, the evidence was incontrovertible that the funeral directors and embalmers licenses of Sowell were suspended pursuant to section 470.10(1), Florida Statutes, when he performed the duties of a funeral director in connection with the death and funeral of Willy D. Whitehead on or about September 15, 1978. The suspension was occasioned by the timely payment of the annual license fee. Payment was made of renewal on October 19, 1978, at which time the licenses were reinstated.
Findings Of Fact Respondent is a licensed funeral director and embalmer, having been issued license numbers FE 1453, EM 1453 and FD 1281. He is currently under a five year license probation imposed by Petitioner in a December, 1982 Final Order. A condition of this probation is that Respondent not violate any provision of Chapter 455 or 470, Florida Statutes. In early 1981, Respondent contracted with the family of Jefferson Munnerlyn, deceased, for funeral arrangements. Respondent's charge for these services totaled $1,895. Decedent's brother and sister-in-law made a down payment of $200. The family agreed to pay another $990 in the belief that the Veterans Administration (VA) would pay the remaining balance. The $990 family payment was to be paid in equal shares by Decedent's brother and two sons. Decedent's brother paid his $330 share. When Decedent's sons failed to pay, Respondent sought and obtained an additional $660 from Decedent's brother, with the understanding that he would return any portion eventually paid by the sons. On April 16, 1931, Respondent received a payment of $450 from the VA, and on November 15, 1981, Respondent received a second VA payment of $650 for the funeral of Jefferson Munnerlyn. Additionally, in 1981, each of the Decedent's sons paid their $330 share of the funeral costs. By the end of 1981, Respondent had received overpayments of some $1,058 from all sources. In 1982, the VA discovered that family members had paid a total of $1,853 toward the Jefferson Munnerlyn funeral, and thereupon demanded that Respondent return $1,058 to that agency. In the meantime, however, Decedent's brother demanded that the $660 payment which had also been paid by Decedent's sons be returned to him. The VA and Decedent's brother continued to seek these amounts throughout 1982, 1983 and the first nine months of 1984. Respondent, faced with conflicting claims to the overpayments, did nothing until the day of the hearing. On October 3, 1984, he returned $660 by cashier's check to Decedent's brother, who was present in the hearing room. Respondent also indicated that he was then returning the remaining $398 in overpayments to the VA. Petitioner presented expert testimony on standards of conduct prevailing in the funeral directing profession. This testimony, set forth in Petitioner's Exhibit A, was taken by deposition. This evidence established that a funeral director is under a professional obligation to return any overpayments to the "appropriate party," and that failure to do so constitutes misconduct. However, the hypothetical questions posed to the expert witness did not assume the existence of conflicting claims to such overpayments.
Recommendation Based on the foregoing, it is RECOMMENDED: That Petitioner enter a Final Order suspending Respondent's funeral directing and embalming licenses for a period of thirty days. DONE and ENTERED this 7th day of November, 1984, in Tallahassee, Florida. R. T. CARPENTER, 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 7th day of November, 1984. COPIES FURNISHED: Cecilia Bradley, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 George Pinkney Post Office Box 503 Hawthorne, Florida 32640 R. C. Blanton, Jr., Director Board of Funeral Directors and Embalmers 111 East Coastline Drive Room 407 Jacksonville, Florida 32202 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 =================================================================
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
