Agenda

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County Attorney's Report 12. 2.

BCC Regular Meeting

Action

Meeting Date:	06/06/2019
Issue: Resolution Imposing and Collecting a User Fee for Cremation Authorization Services Rendered by the District One Medical Examiner
From:	ALISON ROGERS
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning a Resolution Imposing and Collecting a User Fee for Cremation Authorization Services Rendered by the District One Medical Examiner.

That the Board take the following action regarding a Resolution imposing and collecting a user fee for cremation authorization services rendered by the District One Medical Examiner.

A. Adopt a Resolution imposing and collecting a user fee for cremation authorization services rendered by the District One Medical Examiner; and

B. Authorize the Chairman to sign the Resolution.

BACKGROUND:

This Board previously adopted R2012-72 which provided for authorization and collection of a cremation authorization fee by the District One Medical Examiner. The Medical Examiner had recommended the imposition of this fee as a means to offset expenses incurred by her office and reimbursed by the counties comprising District One as a budget reduction strategy. However, the fees collected were not used for that purpose as determined by Judge Stephen Pitre in recent orders granting partial summary judgment to both Escambia and Okaloosa County. Prior to the entry of these orders, the Medical Examiner announced that she would no longer be collecting this fee beginning October 1, 2018.

As the four Counties comprising District One fund the budget of the Medical Examiner, the authorization of the Medical Examiner to allow a cremation to take place constitutes a benefit to the estate, personal representative or next of kin of the decedent which is not shared by other members of society. The imposition and collection of a cremation authorization fee would reimburse Escambia County for the cost of that service. It appears that the Medical Examiner's Office will cooperate with Escambia County in providing a monthly listing of those funeral homes and cineration facilities which have performed cremations.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Resolution