ARNETT P. ROGERS AND HOUSE OF ROGERS FUNERAL HOME, PETITIONERS,
v.
BOARD OF FUNERAL DIRECTORS AND EMBALMERS, RESPONDENT
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The Florida District Court of Appeal vacated the Board's revocation of a funeral home license because the Board lacked statutory authority to revoke licenses for violations of administrative rules rather than statutes.
The Board of Funeral Directors and Embalmers lacks statutory authority under Fla. Stat. § 470.12 to revoke a funeral home license for violations of administrative rules rather than statutory violations.
[1] An administrative agency lacks authority to revoke a professional license for violations of its own administrative rules when the governing statute limits revocation auth…
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Join FLexlaw to unlock all legal intelligenceThe Board revoked House of Rogers Funeral Home's license for violations of administrative rules pertaining to casket display and funeral price descrip…
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SMITH, Judge.
Respondent Board of Funeral Directors and Embalmers is without statutory authority to revoke the funeral home license of petitioner House of Rogers Funeral Home for violation of rules of the Board, as distinguished from statutes. Section 470.-12, Florida Statutes (1977). The Board was therefore without jurisdiction to revoke the license of House of Rogers Funeral Home for violation of Rules 21J-8.02, 21J-11.-03(a), and 21J-11.04, Fla.Admin.Code, pertaining to the display of caskets and descriptions of funerals of various prices. We do not pass on the validity of those rules. The specifications of rule violations in paragraph 4(b), (c), and (d) of the complaint, incorporated as findings of fact and conclusions of law in the agency’s final order, are therefore VACATED. We cannot assume that the Board would have revoked the funeral home’s license for statutory violations which are established on this record. We therefore REMAND the case, insofar as it concerns House of Rogers Funeral Home, for Board consideration of the appropriate penalty or remedy. No other error appears as to petitioner House of Rogers Funeral Home, and the prayer of its petition is otherwise DENIED. No error affecting the fairness of the proceedings or the correctness of the Board’s action concerning petitioner Rogers is shown. The prayer of Rogers’ petition for review is therefore DENIED.
BOYER, Acting C. J., and BLACK, SUSAN H., Associate Judge, concur.