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Resolution 135-2011RESOLUTION NO. 135 _ 2011 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING RESOLUTION NO. 007 -2009, AS AMENDED BY RESOLUTION NO. 001 -2011 IN ORDER TO PROVIDE FOR A STORAGE FEE FOR LONG -TERM STORAGE OF BODIES BY THE MEDICAL EXAMINER. 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, on January 19, 2011, the BOCC amended that resolution with resolution No. 001 -2011; 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. 406.58(2), F.S. specifically allows the anatomical board to collect storage fees for their storage services, recognizing that storage of a body for a lengthy time should be subject to fees; and WHEREAS, the state has not pre - empted the ability to locally determine fees to be charged for storage services; and WHEREAS, the Medical Examiner regularly experiences that storage is required for a number of days due to a high number of unexpected deaths, often of visitors whose families have to make arrangements for transport, or due to other reasons delaying the ability to have the body picked up by a funeral home, but that such short-term storage does not normally present problems; and WHEREAS, there are sometimes circumstances where there reasons unrelated to logistical problems which include that the families do not want to pay for the disposition of the body but the existence of assets precludes the County from processing the body as a pauper, leaving the long process of administration without probate to a funeral home to get paid to dispose of the body; and WHEREAS, it is intended that storage fees not be assessed to families who have to take a few days to iron out logistics to deal with the unexpected death of a loved one; and WHEREAS, it is intended to have storage fees assessed in situations that the body could have reasonably been claimed in a timely manner, but it was not and there are decedent assets which could be used to cover the costs of storage; and WHEREAS, it is intended that the Medical Examiner be able to charge for storage and charge fees which can be paid by a responsible party or sought through the administration without probate process; NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA; 1. Resolution No. 007 -2009, as amended by Resolution 001 -2011, shall be amended by adding to Established Fees to be charged to Third Parties for Specific Services the following fee: 9. Storage Fee $50.00 per day, commencing as of the 15 day of storage This fee may be waived by the Medical Examiner upon provision of an explanation to the County Administrator showing good reason for the waiver and upon the Administrator's approval of the waiver. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 18th day of May , A.D., 2011. ' C. 7n Mayor Heather Carruthers Yes Mayor Pro Tern David Rice Yes Commissioner Kim Wigington Yes Commissioner George Neugent Yes - 3 r Commissioner Sylvia Murphy Yes o _ r -6 cn - �D W C) L. KOLHAGE, CLERK Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: N (a y odr