Florida the rules are different here Chapter XXXVI

Would you believe a class action lawsuit over cremation fees? From the Tallahasse Democrat-

A class-action suit has been filed in Leon County civil court against the Florida Medical Examiners Commission and 15 district medical examiners. The complaint alleges that medical examiners illegally charge a fee to approve a cremation or a burial at sea.

The complaint was filed last week by Margaret Watts of Watts Funeral Services Inc. and Southern Crematory Inc. on the basis of an attorney general's opinion in 2003 that said these fees were "unauthorized and improper." Medical examiners did not have the "statutory or constitutional authority to charge a fee for approval" of such a request.

The Cremation Association of North America recorded 83,295 cremations in the state during 2003, the latest figures available. The statewide average fee ranged from $25 to $30 throughout the state, said Chad S. Roberts, an attorney for the plaintiffs.

Historically, Roberts said, people were required to get the medical examiner's approval before cremating or burying the dead at sea.

But for the past few years, Roberts said, medical examiners have charged a fee for that permit directly from funeral directors and crematoriums.

Dr. Stephen Nelson, the Florida Medical Examiners Commission chairman and one of the defendants, said the commission attorney's opinion was that the fee was well "within the law."

Dr. David Stewart - who serves as medical examiner for District 2, which includes Leon County - was not available Monday for comment. He was among the 15 medical examiners named in the suit. Laura Youmans, an attorney for Leon County, said the office had received the complaint but had yet to review it.

Nelson said that after the Attorney General's opinion was filed, the 15 boards of county commissioners passed resolutions or ordinances that treated the fee as a user fee. The money was generally deposited with the board of county commissioners.

This fee, he said, was just like any other user fee and no different.

First off to me, the fee was wrong. A medical examiner is not an elected official, he therefore shouldn't have the ability to impose fees. Its called taxation without representation to me. Isn't that what we fought a revolution against.

The Class Action suit poses one problem and one question. First, even if a judgment is won by those suing Florida law limits what any municipality has to pay out in a suit to $100,000. That's unless the Florida legislature passes a special bill to make an exception.

Second if the Funeral homes win, will they refund money back to their customers? If they charged the fees, ethically they should be paid back to the original customers. If they're deceased, I don't think the Postal Service forwards checks to heaven. So why are these homes suing?

All I see is more taxpayer money going up in smoke to pay legal fees and any settlement from this lawsuit.

Ashes to ashes as the saying goes. Don't you just love Florida?

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