TITLE
RESOLUTION URGING THE GOVERNOR, THE FLORIDA LEGISLATURE, THE FLORIDA AGENCY FOR HEALTHCARE ADMINISTRATION AND OTHER APPLICABLE STATE AGENCIES TO WORK IN CLOSE COOPERATION WITH LOCAL GOVERNMENT LAW ENFORCEMENT AND CODE ENFORCEMENT, INCLUDING ENTERING INTO MEMORANDA OF UNDERSTANDING IF APPLICABLE, TO QUICKLY IDENTIFY AND TAKE ACTION ON UNLICENSED ASSISTED LIVING FACILITIES AND OTHER COMMUNITY RESIDENTIAL HOMES

BODY


WHEREAS, Assisted Living Facilities play an important role in providing housing, meals and personal services for elderly and other vulnerable people who do not need ongoing hospital or nursing home care, but need ongoing assistance; and
WHEREAS, Assisted Living Facilities take many different forms, with some housing as few as seven residents, and others housing hundreds of residents, with around one-half of all Assisted Living Facilities licensed to care for ten or fewer residents; and
WHEREAS, the Agency for Healthcare Administration licenses Assisted Living Facilities in Florida; and
WHEREAS, other state agencies, including the Florida Department of Children and Families and the Agency for Persons with Disabilities, also license other congregate living facilities in Florida; and

WHEREAS, the vast majority of licensed Assisted Living Facilities and other congregate living facilities in Florida provide safe and high quality housing and services for their residents; and
WHEREAS, the Miami Herald recently published an article identifying numerous congregate living facilities that were actually operating as unlicensed Assisted Living Facilities, avoiding state licensing and inspection; and
WHEREAS, when inspected, it was revealed that some of these facilities had unsanitary conditions and were being run by convicted felons; and
WHEREAS, staff at these facilities was also dispensing medication without authority to do so; and
WHEREAS, it was reported that hundreds of unlicensed Assisted Living Facilities and other congregate living facilities were operating in Florida; and
WHEREAS, it is a third degree felony to operate an unlicensed Assisted Living Facility under Florida law; and
WHEREAS, this Board has shown a strong commitment to protecting the elderly and other vulnerable populations; and
WHEREAS, on March 26, 2004, this Board enacted Resolution No. 1311-03, which created a task force to study and make recommendations on the detection and prevention of elder abuse and/or neglect in Assisted Living Facilities, nursing homes, convalescent homes or other facilities that house or care for the elderly within Miami-Dade; and

WHEREAS, on October 2, 2012, this Board enacted Resolution No. 825-12, which urged the Florida Legislature to enact comprehensive Assisted Living Facility legislation during the 2013 session to protect the elderly and other vulnerable populations that reside in such facilities; and
WHEREAS, there is an opportunity for state agencies and local governments to work together to quickly identify and take action related to unlicensed Assisted Living Facilities and other congregate living facilities,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Governor, the Florida Legislature, the Florida Agency for Healthcare Administration and other applicable state agencies to work in close cooperation with local government law enforcement and code enforcement, including entering into memoranda of understanding if applicable, to quickly identify and take action related to unlicensed Assisted Living Facilities and other community residential homes.
Section 2. Directs the Clerk of this Board to send a certified copy of this resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami-Dade State Legislative Delegation, the Secretary of the Florida Agency for Healthcare Administration, the Interim Secretary of the Florida Department of Children and Families and the Director of the Florida Agency for Persons with Disabilities.
Section 3. Directs the County's state lobbyists to advocate for the passage of the legislation and action set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2014 State Legislative Package when it is presented to the Board.