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.
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.
The Issue The issue in this case is whether Respondent Gary J. Faircloth violated Chapter 470, Florida Statutes, as alleged in the Administrative Complaint.
Findings Of Fact At all times pertinent to this proceeding, Gary J. Faircloth has been licensed as a funeral director and embalmer by the Board of Funeral Directors and Embalmers, holding license numbers FE 1309, E 1309 and FD 1140. Respondent Faircloth was the funeral director in charge of Community Funeral Home from December 1, 1981 to the present, pursuant to Section 470.024, Florida Statutes. At all times pertinent to this proceeding, Community Funeral Home has been licensed as a funeral establishment by the Board with George Evans, Jr., as the owner of the establishment. Evans is not and has never been licensed as a funeral director, funeral director intern, embalmer or embalmer intern by the Board. During the period that Respondent Faircloth was funeral director in charge of said establishment, Respondent has been the only funeral director and embalmer employed by the establishment. (TR 45-47, 63.) Respondent Faircloth was the funeral director and embalmer responsible for the final disposition of Debra Jean Purter, to include preparation of the required forms. Ms. Purter died in an auto accident in Perry, Florida, on January 21, 1982. Her case was referred to the medical examiner in Tallahassee, Florida. The medical examiner did not complete the medical certificate until February 2, 1982. Respondent Faircloth applied for the burial-transit permit on January 24, 1982, from George Evans, Subregistrar. Evans issued the permit on that date and also granted a five-day extension to file the death certificate. The burial-transit permit was requested timely, and the latest date for filing the death certificate was January 29, 1982. On January 26, 1982, Respondent Faircloth contacted the medical examiner and was advised that the medical examiner would complete the medical certificate. See Petitioner's Exhibit 1, Application for Burial-Transit Permit, Block 5c. The death certificate was filed with the registrar on February 10, 1982. Respondent Faircloth was the funeral director and embalmer responsible for the final disposition of O'Neatha Thomas, to include preparation of the required forms. O'Neatha Thomas died on January 17, 1982, in Perry, Florida. Her case was referred to the medical examiner in Tallahassee, Florida. A burial-transit permit was issued by George Evans, Subregistrar. From the copies, it cannot be determined when Respondent Faircloth requested the burial-transit permit from Evans. A five-day extension to file the death certificate was granted by Evans. The latest date for filing the death certificate would have been January 25, 1982. On January 22, 1982, Respondent Faircloth contacted the medical examiner and was advised by Mrs. Silver of Ketchum, Wood or Burgert that the medical certificate would be completed and mailed. See Petitioner's Exhibit 2, Application for Burial-Transit Permit, Block 5c. The temporary death certificate was filed with the county on February 15, 1982. The medical certificate was completed on March 10, 1982, and filed with the registrar on that date. George Evans, Subregistrar, was also the owner of Community Funeral Home. As subregistrar, he could issue and received death certificates and burial-transit permits. A subregistrar has ten days to file such documents with the registrar. There is no place on the form to note filing with the subregistrar. Respondent Faircloth was 14 days late filing the death certificate on Ms. Purter. Respondent Faircloth was 29 days late in filing a temporary death certificate on O'Neatha Thomas. Respondent Faircloth admitted that Evans spoke with the family of O'Neatha Thomas to determine what services they desired. Respondent was present and observed the actions of Evans from the adjoining room. Respondent Faircloth further admitted that the memorial and burial services were directed by another funeral director in his behalf.
Recommendation Having found the Respondent, Gary J. Faircloth, guilty of violating Section 470.036(1)(g), Florida Statutes, on two occasions, it is recommended that the Board of Funeral Directors and Embalmers fine the Respondent $50 for each violation, or a total of $100. Having found Respondent guilty of violating Section 470.036(1)(a), Florida Statutes, on one occasion, it is recommended that the Board suspend the license of Respondent for a period of one year. DONE and RECOMMENDED this 16th day of December, 1982, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 16th day of December, 1982. COPIES FURNISHED: Joseph W. Lawrence, II, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Gary J. Faircloth 605 North Jefferson Street Perry, Florida 32347 Samuel R. Shorstein, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Edward P. O'Dowd, Executive Director Board of Funeral Directors and Embalmers 111 Coastline Drive, East Suite 507 Jacksonville, Florida 32202 ================================================================= AGENCY FINAL ORDER =================================================================
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
