HomeMy WebLinkAbout2009-035RESOLUTION NO. 2009 - 035
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
WITH RESPECT TO UNCLAIMED BODIES PURSUANT TO
FLORIDA STATUTES SECTION 406.50.
WHEREAS, Florida Statutes section 406.50 provides that all public officers,
agents and employees of every county have certain obligations for the burial or
cremation of unclaimed bodies or that are otherwise required to be buried or cremated
at public expense; and
WHEREAS, the foregoing obligations include making a reasonable effort to
identify the deceased; to make contact with any relatives of the deceased; and to
contact the County Veterans Office or Regional Office of the Unites States Office of
Veterans Affairs to determine whether or not the deceased is entitled to burial at a
national cemetery as a veteran of the armed forces and, if so, shall make arrangements
for such burial services in accordance with the provisions of 38 C.F.R.; and
WHEREAS, pursuant to Florida Statutes section 405.52, if the Anatomical Board
located at the University of Florida Health Science Center notifies the County
Commissioners that the body is unfit for anatomical purposes the County
Commissioners of the county where such person died may cause the person to be
buried or cremated; and
WHEREAS, the County wishes to delegate to the County Administrator, or his
designee, the responsibility to make the reasonable effort: (a) to determine the identity
of the body; (b) to contact any relatives of the deceased; and (c) to determine the
veteran status of the deceased, all as required by Florida Statutes ; and
WHEREAS, the Board further wishes to designate cremation in the following
circumstances: (a) where there is no relative that expresses a preference for burial; and
(b) as a legally authorized person as defined in Florida Statutes section 497.005, where
the deceased is unclaimed, or where no relative or other legally authorized person as
defined in Florida Statutes section 497.005 has been found after reasonable efforts.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. The County Administrator, or his designee, is hereby delegated the specific
authority and responsibility to sign "Consent Forms" in the form attached hereto as
Exhibit A and incorporated herein in its entirety by this reference in connection with
indigent burial.
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2. Where no preference is expressed by a relative, the County, as a legally
authorized person as defined in Florida Statutes section 497.005, hereby determines
that cremation is the method that will be used for indigent burial.
3. Where no relative is found, after reasonable effort, the County, as a legally
authorized person as defined in Florida Statutes section 497.005, hereby determines
that cremation is the method that will be used for indigent burial.
4. This Resolution shall take effect immediately upon adoption.
This Resolution was moved for adoption by Commissioner Solari , and
the motion was seconded by Commissioner O'Bryan and upon being put to a
vote, the vote was as follows:
Chairman Wesley S. Davis ABSENT
Vice Chairman Joseph E. Flescher AYE
Commissioner Peter D. O'Bryan AYE
Commissioner Bob Solari AYE
Commissioner Gary C. Wheeler AYE
The Chairman thereupon declared the Resolution duly passed and adopted this
7TH day of April, 2009.
INDIAN RIVER COUNTY, FLORIDA
Attest: J. K. Barton, Clerk by its Board of County Commissioners
By 1,12141 By ` �—
eputy Clerk seph E. Flescher, Vice Chairman
Approved as to form and legal
sufficiency:
M rian E. Fell
Senior Assistant County Attorney
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