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