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County Attorney's Report 9. 2.

BCC Regular Meeting

Action

Meeting Date:	06/18/2020
Issue: Authorization to Initiate a Lawsuit Against CEJ South, Inc. Default in Payment of User Fees for Cremation Authorizations
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation to Initiate a Lawsuit Against CEJ South, Inc. d/b/a Family-Funeral and Cremation for Default in Payment of User Fees for Cremation Authorizations by Medical Examiner.

That the Board authorize the County Attorney's Office to bring a lawsuit against CEJ South, Inc. d/b/a Family-Funeral and Cremation to collect all unpaid user fees for cremation authorizations by the Medical Examiner since October 1, 2018.

BACKGROUND:

For Fiscal Years 2012-13 through 2017-2018, the District One Medical Examiner collected cremation authorization fees for the purpose of offsetting budget allocations for the ME Office for each fiscal year. Family-Funeral and Cremation paid these cremation authorization fees when they were imposed by Dr. Andrea Minyard for Fiscal Years 2012-13 through 2017-18. Escambia County and Dr. Andrea Minyard, former District One Medical Examiner, together with her corporation, Gulf Coast Autopsy Physicians, P.A., are involved in separate litigation to obtain a judgment for refund of cremation authorization fees collected, but not remitted to Escambia County for those six fiscal years.

Beginning October 1, 2018, Dr. Minyard announced that she would no longer collect cremation authorization fees. In July of 2019, and in November of 2019, the County adopted resolutions that the cremation authorization fee would become a user fee to be paid directly to Escambia County as the Medical Examiner's authorization of cremations benefitted a special group of citizens who chose cremation and inurnment as opposed to direct burial. However, Family-Funeral and Cremation has refused to pay the user fee from October 1, 2018, through date. The amount of unpaid user fees is approximately $22,000.00 through March 31, 2020. It has insisted that County has no authority to impose a user fee for the services of the Medical Examiner which benefit a select group of users of cremation services. Settlement negotiations have reached an impasse requiring this suit.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Charles V. Peppler, Deputy County Attorney, will represent the County.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
No file(s) attached.