Resolution 001-2011RESOLUTION NO. 001 — 2011
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING RESOLUTION NO. 007 -2009 IN ORDER TO
PROVIDE FOR A CREMATION APPROVAL FEE
WHEREAS, on January 28, 2009, the Board of County Commissioners approved
Resolution 007 -2009, authorizing the District 16 Medical Examiner Office to establish fees to be
charged for third parties for specific services; and
WHEREAS, S. 497.607, F.S., requires that a legally authorized person provide written
authorization for a cremation; and
WHEREAS, S.497.002(37) includes the medical examiner in the list of legally
authorized persons; and
WHEREAS, S. 406.08, F.S., specifies that certain agencies shall pay the fees for medical
examiner services for bodies of persons who dies in their custody, that the state may pay all or
part of fees for transportation services that might otherwise have been borne by the County,
indicating that there are fees attributable to medical examiner services; and
WHEREAS, S. 406.11(1)(c), F.S. requires the medical examiner to determine the cause
of death when a body is to be cremated, regardless of which legally authorized person arranges
for cremation; and
WHEREAS, the state has not pre - empted the ability to locally determine fees to be
charged for services related to cremation; and
WHEREAS, the general rule regarding fees for services is that they must be related to
the cost of providing that service, which would allow the fee to be set at the average cost of
providing the service even though in some instances the actual cost may be slightly higher or
lower than the fee.
NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA;
1. Resolution No. 007 -2009 is hereby amended to add an eighth item to Exhibit A for
Fees to be charged to Third Parties for Specific Services as follows:
8. Cremation Approval Fee $50.00
2. All other provisions of Resolution No. 007 -2009 and Exhibit A remain in full force
and effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 19th day of January A.D., 2011.
Mayor Heather Carruthers
Mayor Pro Tern David Rice
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Sylvia Murphy
7NY L. KOLHAGE, CLERK
Deputy Clerk
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BOARD OF COU TY COMMISSIONERS
OF MONROE C N , FLORIDA
BY:
Mayor
MED Ex Fee Res Revising for Cremation Fees
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BOARD OF COU TY COMMISSIONERS
OF MONROE C N , FLORIDA
BY:
Mayor
MED Ex Fee Res Revising for Cremation Fees