Miami-Dade Legislative Item
File Number: 053523
   

File Number: 053523 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1269-05 Control:
File Name: NURSING & ASSISTED LIVING FACILITIES TO SEARCH REGISTRIES Introduced: 11/3/2005
Requester: NONE Cost: Final Action: 11/3/2005
Agenda Date: 11/3/2005 Agenda Item Number: 11A3
Notes: THIS IS FINAL VERSION AS ADOPTED. (also see 052966 & 052820) 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 OR HIRING EMPLOYEES; 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 NOS. 052820 AND 052966]
Indexes: ASSISTED LIVING
  SEXUAL PREDATORS
Sponsors: Rebeca Sosa, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Katy Sorenson, 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 Amd Adopted as amended P
REPORT: Following discussion on the intent of the foregoing proposed resolution, the Board amended the foregoing proposed resolution to make it applicable to residents and employees; and to provide that the Florida Department of Law Enforcement be urged to look at the condition of the patient.

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 OR HIRING EMPLOYEES; 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 or employees are registered 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 sexual offender and sexual predator registries before admitting a new resident or hiring an employee; 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 administrators 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 or hiring an employee.
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 including, but not limited to, considering the physical and mental status of a prospective resident.
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.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site 2014 Miami-Dade County.
All rights reserved.