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Item C01BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 19, 2011 Division: County Administration Bulk Item: Yes X No Department: Medical Examiner Staff Contact Person/Phone #: Reggie Paros/289-6002 AGENDA ITEM WORDING: Approval of Resolution amending Resolution No. 007-2009 in order to provide for a Cremation Approval Fee charged by the District 16 Medical Examiner ITEM BACKGROUND: On January 28, 2009, Board adopted Resolution No. 007-2009, authorizing the District 16 Medical Examiner to establish fees to be charged to third parties for specific services. Dr. Hunt Scheuerman, District Sixteen Medical Examiner, has requested that a Cremation Approval Fee of $50.00 per approval be added to the fee schedule. Many districts in Florida already have such a fee in the $25.00 - $75.00 range. It is estimated that the additional fee would generate about $20,000.00 annually. The fees would be billed, collected and accounted for by the Medical Examiner's Office with the purpose being to offset future funding needs. PREVIOUS RELEVANT BOCC ACTION: On January 28, 2009, Board adopted Resolution No. 007-2009, authorizing the District 16 Medical Examiner to establish fees to be charged to third parties for specific services. CONTRACT/AGREEMENT CHANGES: This is not a contract. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty YES OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: DISPOSITION: Revised 1 /09 Included X Not Required AGENDA ITEM # RESOLUTION N0. — 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. 497.6079 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 a all or ypy part of fees for transportation services that might otherwise have been borne b the County, ty= 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 mayslightly g be 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 Meld on the 19th day of Jan , A.D., 2011. Mayor Heather Carruthers Mayor Pro Tem David Rice Commissioner Kim Wigington Commissioner George Neugent Commissioner Sylvia Murphy (Seal) ATTEST: DANNY L. KOLHAGE, CLERK By: Deputy Clerk MED Ex Fee Res Revising for Cremation Fees BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor a..J�0E COUNTY ATTORi,17=�. A PROVED AS T 9M S U A I N E A. 'r ro z, Y i � EY