CHIEF FINANCIAL OFFICER JEFF ATWATER STATE OF FLORIDA EMERGENCY ORDER OF SUSPENSION

Transcription

1 CHIEF FINANCIAL OFFICER JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: THE KUZNIAR GROUP, d/b/a FIRST COAST FUNERAL HOME (License Number: F058039) CASE NO.: FC EMERGENCY ORDER OF SUSPENSION THIS PROCEEDING CAME on for final agency action, and the Chief Financial Officer, having considered the record in this matter and being fully advised in the premises, finds as follows: FINDINGS OF FACT 1. The Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services ("Department"), regulates the operation of funeral establishments pursuant to chapter 497, Florida Statutes. Section , Florida Statutes, authorizes the Department to suspend summarily the license of The Kuzniar Group, d/b/a First Coast Funeral Home ("Respondent"), to operate a funeral establishment in the state of Florida, in accordance with section (6), Florida Statutes. 2. At all times material to this Order, Respondent was licensed as a funeral establishment in the state of Florida, holding license number F ("License") pursuant to chapter 497, Florida Statutes. 3. At all times material to this Order, Respondent was located at 1500 Main Street, Atlantic Beach, Florida ("Place of Business"). F LLED yxay 1 of F1nargci:10 e u c L 'AO: /

2 4. At all times material to this Order, Respondent employed as its funeral director in charge, and only funeral director, Charles Hines ("Hines"), a licensed funeral director in the state of Florida, holding license no. F At all times material to this Order, Respondent employed as its manager Nader Rayan, also known as John Rayan ("Mr. Rayan"), a licensed preneed sales agent in the state of Florida, holding license no. F Section (2), Florida Statutes, provides as follows: INSPECT IONS. - The department may conduct such inspections of a licensee's premises and records during normal business hours, at such intervals, as the department deems necessary to ensure compliance with this chapter. (a) Inspections may be announced or unannounced as the department determines appropriate on a case-by-case basis. (b) Every licensee being inspected, and its employees, officers, attorneys, unless it violates the attorney-client privilege, employees, agents, and representatives, shall freely and immediately make available to the department for inspection during normal business hours the licensee's entire premises and the records and information in their possession or control relating to the inspection. 7. On July 7, 2016, James Deason ("Deason"), a Department investigator, traveled from Tallahassee to Respondent' s Place of Business during normal business hours for the purpose of conducting an unannounced inspection of said Place of Business. 8. When Deason arrived at approximately 8:30 a.m., none of Respondent's officers, managers, or employees were present. Deason contacted Hines by telephone to obtain access to the Place of Business. Hines stated that he was no longer employed by Respondent and refused to provide Deason with access to the Place of Business. 10. Section (1)(a), Florida Statutes, provides that "[v]iolating any provision of this chapter [497] or any lawful order of the board or department or of the statutory predecessors to the board or department" constitutes grounds for discipline. ATN Page 2 of 9

3 11. Section (7), Florida Statutes, provides that "[e]ach licensed funeral establishment shall have one full-time funeral director in charge and shall have a licensed funeral director reasonably available to the public during normal business hours for the establishment." 12. Respondent failed to have a full-time funeral director in charge and failed to have a licensed funeral director reasonably available to the public during normal business hours for the establishment. 13. At approximately 11:30 a.m., Deason attempted to contact Amanda Rayan ("Ms. Rayan"), a principal of Respondent, to obtain access to Respondent's Place of Business. Mr. Rayan advised that Ms. Rayan was unavailable but that he would meet the investigator within two (2) hours to provide access to the Place of Business. 14. At approximately 2:30 p.m., Mr. Rayan advised Deason by telephone that Mr. Rayan would provide access to the Place of Business before 5:00 p.m. 15. At approximately 2:30 p.m., Ms. Rayan advised Deason tha t one (1) deceased human body was in the cooler, that the body was decomposed, and Respondent had received the body in that condition. 16. At approximately 4:45 p.m., Mr. Rayan met with Deason at Respondent's Place of Business and provided access to the premises. 17. Upon entering Respondent's Place of Business, Deason first inspected Respondent's embalming preparation room ("prep room") and refrigeration unit for the storage of dead human bodies ("cooler"). 18. Inside the cooler, Deason observed one (1) dead human body in an advanced stage of decomposition. The observed indicators of a dva nced decomposition included the presence of maggots present in several developmental stages, including larvae, and significant collection of bodily fluids produced as a by-product of decomposition. ATN Page 3 of 9

4 19. Deason noted that the cooler thermostat was broken and estimated the temperature inside the cooler to be above 50 degrees Fahrenheit. 20. Deason observed attempts to conceal the leakage and odors of decomposition by the use of embalming powder. Embalming powder is a topical application or powder used in the funeral industry to absorb fluids, retard decomposition of human remains, and mitigate offensive odors produced by human decomposition. 21. Section , Florida Statutes, provides that "[a] dead human body may not be held in any place or in transit over 24 hours after death or pending final disposition unless the body is maintained under refrigeration at a temperature of 40 degrees Fahrenheit or below or is embalmed or otherwise preserved in a manner approved by the licensing authority in accordance with the provisions of this chapter [497]." 22. In the prep room, Deason observed that the sink was without running water. 23. Rule 69K (1)(e), Florida Administrative Code, provides that "[t]here shall be either a refrigeration room for the storage of dead human bodies, or written arrangements for the refrigeration and storage of dead human bodies, or a preparation room equipped [with a] hand sink with hot and cold water..." 24. Respondent's failure to have a full-time funeral director in charge and to have a funeral director available to the public; failure to properly handle and store a dead human body, thereby allowing it to reach an advanced stage of decomposition; and failure to have an operational sink in its prep room demonstrate that Respondent has a lack of concern for the about the safety of the people to whom it provides funeral services and for the dignity and respect for dead human remains. These failures constitute an immediate serious danger to the health, safety, and welfare of the citizens of the State of Florida. Nothing short of the immediate suspension of Respondent's license will ensure the protection of the public from this danger. ATN Page 4 of 9

5 25. The dead human body was identified by a hospital ID bracelet and ankle tag as the remains of B.A., who died on May 4, Respondent received B.A.'s remains on May 4, On Ma y 5, 2016, B.A.'s daughter, as the legally authorized person for B.A., authorized cremation of B.A.'s remains. 28. Section (1)(b), Florida Statutes, provides that "[c]ommitting fraud, deceit, negligence, incompetency, or misconduct in the practice of any of the activities regulated under this chapter [497]" constitutes grounds for discipline. 29. Respondent's failure to cremate B.A.'s remains for mor e tha n 60 days after receiving authorization to do so constitutes negligence, incompetency or misconduct in the operation of a funeral establishment. 30. B.A.'s death certificate was purportedly signed on June 10, 2016, by Laprinzo Banks, a licensed funeral director in the state of Florida, holding license no. F Laprinzo Banks did not sign B.A.'s death certificate and was not employed by Respondent on June 10, Respondent knew or had reason to know that B.A.'s death certificate contained false information. 33. Respondent filed B.A.'s death certificate with the Department of Health, Bureau of Vital Statistics, the government agency charged with maintaining official death records in the state of Florida. 34. Section (4)(g), Florida Statutes, provides that "[m]aking or filing a report or statement to or with any government entity that the licensee knows or has reason to know to be false; or intentionally or negligently failing to file a report or record required to be filed with ATN Page 5 of 9

6 any government entity, or willfully impeding or obstructing another person to do so, or inducing another person to impede or obstruct such filing" constitutes grounds for discipline. 35. Respondent's actions demonstrate that it has a lack of concern for the laws and rules regulating the operation of a funeral establishment and is likely to disregard such laws and rules. This probability constitutes an immediate serious danger to the health, safety, and welfare of t he citizens of t he State of Florida. Nothing short of t he immediate suspension of Respondent's license will ensure the protection of the public from this danger. 36. The Department has investigated and intends to issue an Administrative Complaint regarding a recent case involving similar facts, to wit: ATN 27126, regarding decedent W.M., who died on May 5, Respondent sent A.G.'s remains for cremation on May 20, 2016, in an advanced state of composition. 37. The Department has investigated and intends to issue an Administrative Complaint rega rding a recent case involving similar facts, to wit: ATN 27030, regarding 45 death certificates Respondent filed using the license number of a former funeral director during a period when Respondent was operating without a funeral director in charge. 38. The Department has investigated and intends to issue an Administrative Complaint regarding a recent case involving similar facts, to wit: ATN 27072, regarding decedent K.W., whose body Respondent released for final disposition without obtaining a Burial Transit Permit as required by section , Florida Statutes. CONCLUSIONS OF LAW 1. The Department has jurisdiction over Respondent's license and the subject matter of this proceeding pursuant to section and chapter 497, Florida Statutes (2015). 2. The Chief Financial Officer concludes that Respondent has violated section (7), Florida Statutes, by failing to have full-time funeral director in charge and by failing ATN Page 6 of 9

7 to have a licensed funeral director reasonably available to the public during normal business hours for the establishment. 3. The Chief Financial Officer concludes that Respondent has violated section , Florida Statutes, by failing to properly handle and store a dead human body, thereby allowing it to reach an advanced stage of decomposition. 4. The Chief Financial Officer concludes that Respondent has violated section Rule 69K (1)(e), Florida Administrative Code, by failing to have a preparation room equipped with a hand sink with hot and cold water. 5. The Chief Financial Officer concludes that Respondent has violated section (1)(b), Florida Statutes, by committing negligence, incompetency or misconduct in the operation of a funeral establishment. 6. The Chief Financial Officer concludes that Respondent has violated section (4)(g), Florida Statutes, by filing B.A.'s death certificate that Respondent knew or had reason to know contained false information. 7. The Chief Financial Officer finds that Respondent's continued Florida licensure and operation as a funeral establishment constitutes an immediate serious danger to the health, safety and welfare of the public and that this summary procedure is fair under the circumstances to adequately protect the public. In accordance with Section (6), Florida Statutes, it is therefore ORDERED that: a. All licenses, appointments and eligibility for licensure heretofore issued to Respondent within the purview of the Department are hereby SUSPENDED. b. A proceeding seeking formal suspension or discipline of Respondent's license to practice as a licensed funer al establishment will be promptly instituted in compliance with Section , Florida Statutes. ATN Page 7 of 9

8 c. Respondent shall return its license to the Division of Funer al, Cemetery and Consumer Services within ten (10) days of the issuance of the suspension. d. During the period of suspension, Respondent shall not engage in or attempt or profess to engage in any transaction or business for which a license or appointment is required under the Florida Funeral, Cemetery and Consumer Services Act. Any party to these proceedings adversely affected by this Order is entitled to seek review of this Order pursuant to Section , Florida Statutes, and Rule 9.110, Fla. R. App. P. Review proceedings must be instituted by filing a petition or notice of appeal with Julie Jones as the agency clerk, at 612 Larson Building, Tallahassee, Florida , and a copy of the same with the appropriate District Court of Appeal within thirty (30) days of rendition of this Order. DONE and ORDERED this 0 " day of lv, Robert C. Kneip Chief of Staff COPIES FURNISHED TO: The Kuzniar Group, d/b/a First Coast Funeral Home 1500 Main Street Atlantic Beach, Florida Deirdre A. Farrington, Esq. Office of the General Counsel 200 East Gaines Street Tallahassee, FL ATN Page 8 of 9

9 Douglas Shropshire, Division Director Division of Funeral, Cemetery, and Consumer Services 200 East Gaines St. Tallahassee, FL ATN Page 9 of 9