Miami-Dade Legislative Item
File Number: 111423
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File Number: 111423 File Type: Resolution Status: Adopted
Version: 0 Reference: R-586-11 Control: Board of County Commissioners
File Name: INCREASE PROTECTION FOR SENIOR CITIZENS Introduced: 6/24/2011
Requester: NONE Cost: Final Action: 7/7/2011
Agenda Date: 7/7/2011 Agenda Item Number: 11A30
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION PROVIDING INCREASED PROTECTION FOR SENIOR CITIZENS AND OTHER VULNERABLE PEOPLE LIVING IN ASSISTED LIVING FACILITIES; URGING THE GOVERNOR TO INCREASE ENFORCEMENT OF LAWS GOVERNING ASSISTED LIVING FACILITIES
Indexes: ASSISTED LIVING
  LEGISLATURE
  SENIOR CITIZENS
  URGING
Sponsors: Rebeca Sosa, Prime Sponsor
  Dennis C. Moss, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
  Lynda Bell, 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 7/7/2011 11A30 Adopted P

County Attorney 6/24/2011 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION PROVIDING INCREASED PROTECTION FOR SENIOR CITIZENS AND OTHER VULNERABLE PEOPLE LIVING IN ASSISTED LIVING FACILITIES; URGING THE GOVERNOR TO INCREASE ENFORCEMENT OF LAWS GOVERNING ASSISTED LIVING FACILITIES

BODY
WHEREAS, assisted living facilities (ALFs) are licensed facilities that provide housing, meals, personal care services and supportive services to older persons and disabled adults who are unable to live independently; and
WHEREAS, ALFs are an alternative to more restrictive, institutional settings for individuals who need housing and supportive services, but who do not need 24-hour nursing supervision; and
WHEREAS, ALFs are licensed and regulated by the Florida Agency for Health Care Administration (AHCA); and
WHEREAS, currently there are almost 2,500 ALFs licensed in the State of Florida; and
WHEREAS, the Miami Herald recently did a series entitled “Neglected to Death” in which the newspaper reviewed state ALF records and found disturbing cases of abuse and neglect in some ALFs; and
WHEREAS, the Herald further found that the ALFs where this abuse and neglect occurred were rarely closed, but were instead allowed to remain open; and
WHEREAS, the Herald series found that in 2009, AHCA could have imposed more than $6 million in fines related to ALFs, but took in just $650,000; and
WHEREAS, one ALF in Broward County was allowed to stay open despite more than 1,200 police and rescue calls in the past five (5) years; and
WHEREAS, another ALF in Pinellas County was granted renewal licenses three times despite AHCA finding that the facility had broken state laws 51 times and was placing residents in immediate danger; and
WHEREAS, operators of ALFs rarely lose their ALF licenses or face significant fines or prosecution for abuse or neglect; and
WHEREAS, legislation is urgently needed at the state level to reform the operation and oversight of ALFs and strengthen laws governing ALFs; and
WHEREAS, the State of Florida also needs to significantly improve enforcement of existing laws governing ALFs; and
WHEREAS, this Board supports state legislative efforts, as well as increased enforcement of laws governing ALFS, to provide increased protection for vulnerable residents of ALFs, including senior citizens and the disabled,
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 enact legislation increasing protection for senior citizens and other vulnerable adults living in assisted living facilities.
Section 2. Urges the Governor to increase enforcement of laws governing assisted living facilities.
Section 3. Directs the Clerk of the Board to transmit certified copies of the resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami-Dade State Legislative Delegation and the Secretary of the Florida Agency for Health Care Administration.
Section 4. Directs the County’s state lobbyists to advocate for the legislation and action set forth in sections 1 and 2 above, and authorizes and directs that this item be included in the 2012 state legislative package.



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