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Resolution 2022-32010RESOLUTION NO. 2022-32010 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO PASS HOUSE BILL 1143 AND SENATE BILL 1844, WHICH WOULD AMEND VARIOUS FLORIDA STATUTES PERTAINING TO THE BAKER ACT AND MARCHMAN ACT BY EXPANDING THE CRITERIA AND STANDARDS FOR INVOLUNTARY EXAMINATION, IN- PATIENT PLACEMENT, AND ADMISSION; AND FURTHER, URGING THE FLORIDA LEGISLATURE TO PASS THEIR LINKED COMPANION BILLS, HOUSE BILL 1157 AND SENATE BILL 1846, WHICH WOULD ESTABLISH ADDITIONAL CONFIDENTIALITY AND EXEMPTION PROVISIONS REGARDING CERTAIN PUBLIC RECORDS RELATING TO MENTAL HEALTH AND SUBSTANCE ABUSE APPLICATIONS, EXAMINATIONS, TREATMENTS, AND COURT RECORDS; AND DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE SPEAKER OF THE 'FLORIDA HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE FLORIDA SENATE. WHEREAS, House Bill 1143 ("HB 1143") and its linked companion bill, House Bill 1157 ("HB 1157"), are sponsored by Florida House Representative Patt Maney; and WHEREAS, Senate Bill 1844 ("SB 1844") and its linked companion bill, Senate Bill 1846 ("SB 1846"), are sponsored by Senator Aaron Bean; and WHEREAS, HB 1143 and SB 1844 seek to expand the criteria for involuntary examination, in-patient placement, and admission; and WHEREAS, House Bill 1157 and SB 1846 would establish additional confidentiality and exemption provisions regarding various public records relating to mental health and substance abuse applications, examinations, treatments, and court records to further protect the privacy of those persons receiving such services; and WHEREAS, both the Baker and Marchman Acts authorize law enforcement to step in and get Florida citizens help if they might be of harm to themselves or others, which means that a person can be held for up to 72 hours for an involuntary assessment for serious mental health or substance abuse issues; and WHEREAS, the Baker Act and Marchman Act are similar; however, they're utilized in two (2) different situations; specifically, the Baker Act is utilized for mental health issues, and the Marchman Act is used for those individuals struggling with substance abuse issues; and WHEREAS, mental health and substance abuse issues and illnesses reach into every neighborhood and class of persons, and affect every public agency; and WHEREAS, according to the National Alliance on Mental Illness ("NAMI"), in Florida, approximately 660,000 adults (and 181,000 children) live with serious mental illness — bipolar disorder, severe depression or schizophrenia — and nearly half of the population will struggle with less- devastating forms of mental illness at some point in their lives; and WHEREAS, approximately 70 percent of the people who need mental health and substance abuse treatment in the State of Florida cannot get the treatment they need; and WHEREAS, those individuals who cause a disproportionate share of quality of life issues for the City's businesses, residents, and visitors due to serious mental health, addiction, or substance abuse problems may get help from the City either voluntarily, or if they meet the criteria for involuntary examination (which criteria would be expanded by this legislation); and WHEREAS, such persons may be referred by the City, either through the Police Department's highly successful Marchman Act Program (for those long-term, typically homeless individuals who suffer from substance abuse issues), or through the Housing and Community Services Department, for appropriate services (through referrals and voluntary treatment) to help address critical issues of addiction, substance abuse, and mental health that often plague persons living on the streets; and WHEREAS, HB 1143 and SB 1844 represent the first comprehensive modernizations of Florida's civil commitment system for mental health and substance abuse treatment since the Baker and Marchman Acts were promulgated; and WHEREAS, the Mayor and City Commission hereby declare their support for HB 1143 and SB 1844, along with their linked companion Bills, HB 1157 and SB 1846, as the City of Miami Beach continually seeks to provide assistance and social services to those in need. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and the City Commission hereby urge the Florida Legislature to pass House Bill 1143 and Senate Bill 1844, which would amend various Florida Statutes pertaining to the Baker Act and Marchman Act by expanding the criteria and standards for involuntary examination, in-patient placement, and admission; and further, urging the Florida Legislature to pass their linked companion bills, House Bill 1157 and Senate Bill 1846, which would establish additional confidentiality and exemption provisions regarding certain public records relating to mental health and substance abuse applications, examinations, treatments, and court records; and directing the City Clerk to transmit a copy of this Resolution to the Speaker of the Florida House of Representatives and the President of the Florida Senate. PASSED AND ADOPTED this day of '�9 nkQ� y , 2022. 1, :Y4 4Mayor Dan Gelber 0 2022 11• 7ael . Granado, City Clerk (Sponsored by Commissioner Alex J. Fernandez) APPROVED AS TO FORM & LANGUAGE OR EXECUTION city Attorney ,A . Date C7 -Resolutions AR MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: January 20, 2022 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO PASS HOUSE BILL 1143 AND SENATE BILL 1844, WHICH WOULD AMEND VARIOUS FLORIDA STATUTES PERTAINING TO THE BAKER ACT AND MARCHMAN ACT BY EXPANDING THE CRITERIA AND STANDARDS FOR INVOLUNTARY EXAMINATION, IN-PATIENT PLACEMENT, AND ADMISSION; AND FURTHER, URGING THE FLORIDA LEGISLATURE TO PASS THEIR LINKED COMPANION BILLS, HOUSE BILL 1157 AND SENATE BILL 1846, WHICH WOULD ESTABLISH ADDITIONAL CONFIDENTIALITY AND EXEMPTION PROVISIONS REGARDING CERTAIN PUBLIC RECORDS RELATING TO MENTAL HEALTH AND SUBSTANCE ABUSE APPLICATIONS, EXAMINATIONS, TREATMENTS, AND COURT RECORDS; AND DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE FLORIDA SENATE. ANALYSIS Pursuant to the request of Commissioner Alex J. Fernandez, the attached Resolution is submitted for consideration by the Mayor and City Commission. SUPPORTING SURVEY DATA N/A Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Office of the City Attorney Sponsor Commissioner Alex Fernandez ATTACHMENTS: Description ❑ Resolution MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov Office of the City Clerk Tel: 305-673-7411 January 25, 2022 Senate President Wilton Simpson 409 The Capitol 404 S. Monroe Street Tallahassee, FL 32399 Dear Senate President Simpson, Attached please find a copy of City of Miami Beach Resolution No. 2022-32010: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO PASS HOUSE BILL 1143 AND SENATE BILL 1844, WHICH WOULD AMEND VARIOUS FLORIDA STATUTES PERTAINING TO THE BAKER ACT AND MARCHMAN ACT BY EXPANDING THE CRITERIA AND STANDARDS FOR INVOLUNTARY EXAMINATION, IN-PATIENT PLACEMENT, AND ADMISSION; AND FURTHER, URGING THE FLORIDA LEGISLATURE TO PASS THEIR LINKED COMPANION BILLS, HOUSE BILL 1157 AND SENATE BILL 1846, WHICH WOULD ESTABLISH ADDITIONAL CONFIDENTIALITY AND EXEMPTION PROVISIONS REGARDING CERTAIN PUBLIC RECORDS RELATING TO MENTAL HEALTH AND SUBSTANCE ABUSE APPLICATIONS, EXAMINATIONS, TREATMENTS, AND COURT RECORDS; AND DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE FLORIDA SENATE. (Sponsored by Commissioner Alex Fernandez) This Resolution was passed and adopted by the Mayor and City Commissioners of the City of Miami Beach on January 20, 2022. Respectfully, 71::-�-#- Rafael E. Granado City Clerk c: Commissioner Alex Fernandez MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov Office of the City Clerk Tel: 305-673-7411 January 25, 2022 Speaker of the House Chris Sprowls 420 The Capitol 402 South Monroe Street Tallahassee, FL 32399 Dear Speaker of the House Sprowls, Attached please find a copy of City of Miami Beach Resolution No. 2022-32010: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO PASS HOUSE BILL 1143 AND SENATE BILL 1844, WHICH WOULD AMEND VARIOUS FLORIDA STATUTES PERTAINING TO THE BAKER ACT AND MARCHMAN ACT BY EXPANDING THE CRITERIA AND STANDARDS FOR INVOLUNTARY EXAMINATION, IN-PATIENT PLACEMENT, AND ADMISSION; AND FURTHER, URGING THE FLORIDA LEGISLATURE TO PASS THEIR LINKED COMPANION BILLS, HOUSE BILL 1157 AND SENATE BILL 1846, WHICH WOULD ESTABLISH ADDITIONAL CONFIDENTIALITY AND EXEMPTION PROVISIONS REGARDING CERTAIN PUBLIC RECORDS RELATING TO MENTAL HEALTH AND SUBSTANCE ABUSE APPLICATIONS, EXAMINATIONS, TREATMENTS, AND COURT RECORDS; AND DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE FLORIDA SENATE. (Sponsored by Commissioner Alex Fernandez) This Resolution was passed and adopted by the Mayor and City Commissioners of the City of Miami Beach on January 20, 2022. Respectfully, j _ ff__' Rafael E. Granado City Clerk c: Commissioner Alex Fernandez