SUBJECT:
Title
Request for Board Direction Concerning Future Medical Examiner Issues
Body
|
INITIATOR: |
DEPARTMENT: |
|
Matthew G. Minter, County Attorney |
County Attorney |
DESCRIPTION/BACKGROUND:
In an agreement dated September 25, 2018, Seminole County (ME District 24) entered an Interlocal Agreement (“ILA”) with the ME District 5 Medical Examiner District Counties [ Citrus, Hernando, Lake, Marion, and Sumter] for the Cost Share of Medical Examiner Services and joint use of the Medical Examiner Facility located at 809 Pine Street, Leesburg, Florida. Under that ILA, Marion County would operate as the Administrative Coordinator for the combined Medical Examiner Districts.
The 4th WHEREAS clause on Page 2 of the ILA provided: “WHEREAS, it is contemplated that the DISTRICT 5 COUNTIES and SEMINOLE will jointly use the existing medical examiner facility for the DISTRICT 5 COUNTIES, located at 809 Pine Street, Leesburg, Florida 32748 and owned by LAKE, as both the District 5 and District 24 Medical Examiner Facility (the “Medical Examiner Facility”);
In subsection 6. (c) of the ILA, on Page 7, provided that “LAKE shall supply the facility to be used as the capacity of the District Medical Examiner’s Office . . .” and “LAKE shall transfer title to any assets of the counties to the Administrative Coordinator . . . as may be required to carry out the purposes of this Agreement.
At the April 13, 2021, Lake County Commission meeting, the County Attorney requested approval on the CONSENT AGENDA Tab 5, for a RESOLUTION approving Lake’s transfer of the Medical Examiner Facility to Marion County as Administrative Coordinator. The title to the Resolution recited that the conveyance “WILL BENEFIT THE CITIZENS OF LAKE COUNTY, FLORIDA.” Section 3 of the Resolution noted that “the Medical Examiner Facility is hereby conveyed to Marion County pursuant to the Interlocal Agreement [among the 6 counties], provided that in the event this property ceases to be used for the Medical Examiner Facility, then title shall revert to Lake County.” Section 3 also recited that the conveyance to Marion was for the price of “$0.” The COUNTY DEED that was approved to convey the MEDICAL EXAMINER FACILITY to Marion County also contained a reverter clause that tracked the language in the Resolution.
At the beginning of this year, Marion County learned that Seminole County had decided it did not want to continue in the current ILA (approved in October 2024) beyond the 2029 end of that agreement. Further, the Lake County Commission has voted that it desires to leave the District 5 ME counties and join with Seminole in District 24. Such an action is ultimately subject to approval of the State Medical Examiner Commission and the Governor.
This leaves open the question-if Lake is permitted to join District 24, what will happen to the Medical Examiner Facility in Leesburg? Lake has taken the position that under the terms of the Reverter Clause, the building will revert to Lake County - automatically.
Lake has a plausible claim to that position in light of the foregoing excerpts from the 2018 ILA, the Resolution, and the County Deed. There are arguments that can be made to the contrary. Unless the parties can reach an agreement, then litigation will be necessary to resolve this matter. In the meantime, all of the parties need to be planning on what facilities they will be using at the end of the current ILA in 2029.
Seminole previously outlined two alternatives: 1) Seminole and Lake stay in the current facility, and the remaining four counties, Citrus, Hernando, Marion and Sumter move out, presumably to a new facility on the site that Marion purchased in Oxford. 2) Seminole and Lake move out to a new facility in Lake County and the remaining District 5 counties continue to use the existing facility - however, in that case, the Lake County Attorney has indicated that if Lake is to give up its reverter rights, then the parties will have to agree on a price to purchase the building from Lake County. Note that this scenario would result in the somewhat unusual situation that the remaining 4 District 5 counties would be using a facility in a county that was no longer in District 5 - because Lake had become a part of District 24.
Seminole and Lake would like to have an agreement with the remaining District 5 counties that would result in, at a minimum, those counties advising the State Medical Examiner Commission that they do not object to Lake leaving District 5, and joining Seminole in District 24 - which conceivably could be under either of the above referenced scenarios.
We have received word that Seminole has requested proposals for the design of a new building in Seminole - wanting to be proactive in planning for their future, as they have indicated they will not continue in the current ILA after 2029.
However, it remains to be seen what the State Medical Examiner Commission will do if the remaining District 5 counties object to Lake County leaving District 5. If such an objection would result in Lake remaining in District 5, then it would appear that fact would somewhat “moot” the issue of the reverter clause in the deed.
Conclusion: At this point, all of the parties need to be planning for “where they are going to be” in 2029. We have two county commissions that have affirmatively voted that they no longer wish to be in District 5. I am requesting guidance whether to prepare an agreement that would be in the vein of “alternative 2,” which presumably would result in a negotiated acquisition of Lake’s interest in the current facility that the remaining District 5 counties would continue to use - or whether the Board wants to continue to oppose Lake County’s attempt to leave District 5 - with the understanding that if the State approves Lake joining Seminole in District 24, that would either activate the reverter clause, or require the remaining counties to litigate the legal effect of the reverter clause.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Provide Direction Concerning Future Medical Examiner Issues.
end