Miami-Dade Legislative Item
File Number: 052966
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File Number: 052966 File Type: Resolution Status: In Draft
Version: 0 Reference: Control: County Commission
File Name: NURSING & ASSISTED LIVING FACILITIES TO SEARCH SEXUAL OFFEND Introduced: 10/20/2005
Requester: NONE Cost: Final Action: 11/3/2005
Agenda Date: 11/1/2005 Agenda Item Number: 11A3
Notes: SEE 053523 FOR FINAL VERSION AS ADOPTED Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO REQUIRE NURSING HOMES AND ASSISTED LIVING FACILITIES TO SEARCH SEXUAL OFFENDER AND SEXUAL PREDATOR REGISTRIES AND REQUIRE CRIMINAL BACKGROUND CHECKS PRIOR TO ADMITTING NEW RESIDENTS; TO REQUIRE FDLE TO PROVIDE CERTAIN CRIMINAL HISTORY BACKGROUND CHECKS AT NO COST; URGING THE FLORIDA LEGISLATURE TO ESTABLISH CRITERIA FOR REJECTING PROSPECTIVE RESIDENTS DUE TO CRIMINAL CONVICTIONS [SEE ORIGINAL ITEM UNDER FILE NO. 052820]
Indexes: ASSISTED LIVING
  SEXUAL PREDATORS
Sponsors: Rebeca Sosa, Prime Sponsor
  Katy Sorenson, Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 11/1/2005 11A3 Amended
REPORT: (See Agenda Item No. 11A3 Amended-Legislative File # 053523)

County Attorney 10/20/2005 Assigned Abigail Price-Williams 10/20/2005

Community Outreach, Safety & Healthcare Admin Cmte 10/12/2005 2E Amd Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Daron Fitch read the foregoing proposed resolution into the record. Assistant County Attorney Abigail Price-Williams read into the record an amendment to insert the following language on handwritten page 4, following the word “enforcement:” “…and the national sex offender and sexual predator database…” and to add on handwritten page 4: “…that further urges the Florida legislature to require FDLE to provide not-for-profit nursing homes and not-for-profit assisted living facilities with criminal history background checks of prospective residents at no cost to the not-for-profit nursing home or ALF.” Commissioner Souto asked that the Miami-Dade Police Department (MDPD) provide the Parks and Recreation Department (PARD) with copies of the monthly sexual predator list generated by that department. He asked that the MDPD work with the PARD to place within parks photographs of sexual offenders residing within a three to four mile radius of the respective park. The Committee proceeded to vote to forward this proposed resolution with a favorable recommendation. Following the vote, Commissioner Seijas asked the County Manager’s Office to prepare a letter on behalf of the Chairwoman and members of the COSHAC and Chairman Martinez and members of the County Commission commending Oprah Winfrey for her diligent efforts in supporting and finding efforts to identify and prosecute sexual predators and informing her that Miami-Dade County Government supported her efforts and would like to join her. Chairwoman Sosa asked that a Certificate of Recognition be prepared for Oprah and that she be invited to appear before the IRCAC to receive it.

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO REQUIRE NURSING HOMES AND ASSISTED LIVING FACILITIES TO SEARCH SEXUAL OFFENDER AND SEXUAL PREDATOR REGISTRIES AND REQUIRE CRIMINAL BACKGROUND CHECKS PRIOR TO ADMITTING NEW RESIDENTS; TO REQUIRE FDLE TO PROVIDE CERTAIN CRIMINAL HISTORY BACKGROUND CHECKS AT NO COST; URGING THE FLORIDA LEGISLATURE TO ESTABLISH CRITERIA FOR REJECTING PROSPECTIVE RESIDENTS DUE TO CRIMINAL CONVICTIONS

BODY
WHEREAS, sexual offenders and sexual predators pose a high risk of committing sexual offenses after being released from incarceration or supervision; and
WHEREAS, owners and administrators of nursing homes and assisted living facilities are often unaware when residents are sexual offenders or sexual predators or are convicted of other felony offenses; and
WHEREAS, currently, the law does not require that criminal background screening be conducted on prospective residents of nursing homes and assisted living facilities; and
WHEREAS, conducting a criminal background check of prospective residents of nursing homes and assisted living facilities will provide additional protection to the health, safety and general welfare of the residents of nursing homes and assisted living facilities; and
WHEREAS, the Florida Legislature should require owners and administrators of nursing homes and assisted living facilities to search the sexual offender and sexual predator registries before admitting a new resident; and
WHEREAS, the Florida Legislature should also establish criteria for rejecting prospective residents of nursing homes and assisted living facilities based on the prospective resident's sexual offender or sexual predator status and criminal conviction history,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA THAT THIS BOARD:
Section 1. Urges the Florida Legislature to require owners and administors of assisted living facilities and nursing homes to search the sexual offender and sexual predator registries maintained by the Florida Department of Law Enforcement (FDLE) and the U.S. Department of Justice National Sex Offender Public Registry before admitting a new resident to an assisted living facility or nursing home.
Section 2. Urges the Florida Legislature to require criminal background checks of prospective residents of nursing homes and assisted living facilities before admitting new residents and establish criteria for rejecting prospective residents due to criminal convictions.
Section 3. Further urges the Florida Legislature to require the FDLE to provide not-for-profit nursing homes and not-for-profit assisted living facilities with criminal history background checks of prospective residents at no cost.
Section 4. Directs the County's state lobbyist to advocate for passage of legislation consistent with Sections 1, 2, and 3 above, and directs the Office of Intergovernmental Affairs to include this item in the 2006 State legislative package.
Section 5. Directs the Clerk of the Board to transmit a certified copy of this resolution to the chair and members of the Miami-Dade County State Legislative Delegation.



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