Miami-Dade Legislative Item
File Number: 120908
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File Number: 120908 File Type: Resolution Status: Adopted
Version: 0 Reference: R-439-12 Control: Board of County Commissioners
File Name: REQUIRE ASSISTED LIVING FACILITY MONITORING & SECURITY Introduced: 5/2/2012
Requester: NONE Cost: Final Action: 5/15/2012
Agenda Date: 5/15/2012 Agenda Item Number: 11A4
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO REQUIRE ASSISTED LIVING FACILITIES AND COMMUNITY RESIDENTIAL HOMES THAT ARE LOCATED WITHIN AREAS ZONED AS RESIDENTIAL AND THAT SERVE RESIDENTS WITH SUBSTANCE ABUSE DISORDERS OR WITH SEVERE MENTAL ILLNESSES TO IMPLEMENT EFFECTIVE MONITORING AND SECURITY MEASURES TO HELP ENSURE THE SAFETY OF BOTH RESIDENTS OF THE FACILITIES AND OF SURROUNDING RESIDENTIAL NEIGHBORHOODS
Indexes: ALTERNATIVE LIVING FACILITIES
  LEGISLATURE
Sponsors: Rebeca Sosa, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Barbara J. Jordan, 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 5/15/2012 11A4 Adopted P

County Attorney 5/2/2012 Assigned Estephanie S. Resnik 5/7/2012

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO REQUIRE ASSISTED LIVING FACILITIES AND COMMUNITY RESIDENTIAL HOMES THAT ARE LOCATED WITHIN AREAS ZONED AS RESIDENTIAL AND THAT SERVE RESIDENTS WITH SUBSTANCE ABUSE DISORDERS OR WITH SEVERE MENTAL ILLNESSES TO IMPLEMENT EFFECTIVE MONITORING AND SECURITY MEASURES TO HELP ENSURE THE SAFETY OF BOTH RESIDENTS OF THE FACILITIES AND OF SURROUNDING RESIDENTIAL NEIGHBORHOODS

BODY
WHEREAS, the State of Florida, through the Department of Children and Families (“DCF”), licenses and regulates facilities serving substance abuse patients under Chapter 397 of the Florida Statutes and Chapter 65D-30 of the Florida Administrative Code; and
WHEREAS, Section 394.457, Florida Statutes, also states that DCF has responsibility for the statewide program of mental health, which includes responsibility for receiving and treatment facilities for patients suffering from mental illness; and
WHEREAS, Section 394.9223, Florida Statutes recognizes that, by permitting the use of reasonable force under certain circumstances as described therein, security measures may sometimes be needed to protect citizens in the surrounding community from patients of a mental health facility; and
WHEREAS, the Fair Housing Act, 42 U.S.C. 3605 et. seq., prohibits discrimination in residential real estate transactions on the basis of race, color, religion, sex, handicap, familial status, or national origin; and
WHEREAS, the United States Department of Justice has found a link between substance abuse and crime; and
WHEREAS, patients suffering from mental illness or substance abuse disorders may not be fully aware of their actions and may pose a risk of violence toward others,
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 pass legislation requiring assisted living facilities and community residential homes that are located within areas zoned as residential and that serve residents with substance abuse disorders or with severe mental illnesses to implement effective monitoring and security measures to help ensure the safety of both residents of the facilities and of surrounding residential neighborhoods.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Florida Senate President, Florida House Speaker, the Chair and Members of the Miami-Dade State Legislative Delegation, and the Secretary of the Florida Department of Children and Families.
Section 3. Directs the County's state lobbyists to advocate as set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2013 State Legislative Package when it is presented to this Board.



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