HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01180 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA
LEGISLATURE TO AMEND STATE STATUTES TO DIFFERENTIATE BETWEEN
ASSISTED LIVING FACILITIES AND COMMUNITY RESIDENTIAL HOMES THAT
SERVE SENIOR CITIZENS AND THOSE FACILITIES THAT SHOULD HAVE MORE
RESOURCES AND PERSONNEL THAT SERVE INDIVIDUALS WITH MENTAL
HEALTH ISSUES, THE DEVELOPMENTALLY DISABLED AND ANY OTHER
VULNERABLE INDIVIDUALS REQUIRING MORE SPECIALIZED CARE AND
REQUIRING STRICTER LICENSING FOR THE LATTER; FURTHER URGING THE
FLORIDA LEGISLATURE TO REQUIRE THAT IF A FACILITY WISHES TO CHANGE
FROM SERVING SENIOR CITIZENS TO SERVING THOSEABOVEMENTIONED
VULNERABLE INDIVIDUALS THAT IT MUST BE DEMONSTRATED THAT THE
FACILITY HAS THE PERSONNEL, EXPERTISE, AND RESOURCES TO DO SO;
FURTHER URGING THE FLORIDA LEGISLATURE TO COMMISSION A STUDY TO
DETERMINE WHAT PERSONNEL, EXPERTISE, AND RESOURCES SAID
FACILITIES SHOULD BE REQUIRED TO HAVE IN ORDER TO SERVE SAID
VULNERABLE INDIVIDUALS; DIRECTING THE CITY CLERK TO TRANSMITA
COPY OF THIS RESOLUTION TO THE INDIVIDUALS AS STATED HEREIN.
WHEREAS, Assisted Living Facilities ("ALF") and Community Residential Homes ("CRHs"),
pursuant to Chapters 429 and 419, Florida Statutes, respectively, provide a valuable service of
housing the elderly, persons with developmentaâ–º disabilities, persons with mental illnesses, and other
vulnerable individuals; and
WHEREAS, the Florida Agency for Healthcare Administration ("AHCA") has promulgated rules
requiring, inter alia, that ALFs and CRHs provide a certain level of care, including activities, adequate
healthcare and personal services provided by qualified staff, and obey certain occupancy requirements
for the health, safety, and welfare of the facility's residents; and
WHEREAS, under Florida law, there is no differentiation between ALFs and CRHs housing the
elderly, and those housing other vulnerable individuals such as those with mental illnesses and
developmental disabilities; and
WHEREAS, there should be a higher standard for care given by those ALFs and CRHs that serve
those abovementioned vulnerable individuals as opposed to those ALFs and CRHs that serve the
general elderly populations; and
WHEREAS, such differentiation in resources, personnel, and suitable locations would result in
better care for all persons with mental illness, developmental disabilities, and vulnerable adults
residing in these facilities and fewer deleterious effects on surrounding neighborhoods due to
substandard or negligent operation of said facilities; and
WHEREAS, if an ALF or CRH wishes to transition from serving senior citizens to the
abovementioned vulnerable individuals that it be demonstrated that it has the ability to safely do so by
City of Miami Page 1 of 2 File Id: 15-01180 (Version: 1) Printed On 9/15/2015
File Number: 15-01180
showing it has adequate resources, personnel, and a suitable location; and
WHEREAS, the Florida Legislature should amend Chapters 429 and 419 to provide regulation for
the same; and
WHEREAS, the Florida Legislature should authorize a study to see what resources and personnel
said facilities require to adequately serve these vulnerable individuals;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted and
incorporated as fully set forth in this Section.
Section 2. The City Commission urges the Florida Legislature to amend state statutes to:
differentiate between ALFs and CRHs that serve senior citizens and those facilities that should have
more resources and personnel to serve individuals with mental illness or developmental disabilities;
require that if a facility wishes to change from serving the general elderly population to serving those
persons with mental health issues and developmentally disabilities that it must demonstrate that the
facility has the personnel, expertise and resources to do so; commission a study to determine what
resources and personnel said facilities would need to adequately and safely care for said vulnerable
individuals.
Section 3. The City Clerk is directed to transmit a copy of this Resolution to Governor Rick Scott
and the members of the Florida Legislature.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
APPROVED A TO FORM AND CORRECTNESS:
VICTORIA MEND Dick.
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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