2011-27610 Reso RESOLUTION NO. 2011 -27610
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE PUBLIC HEALTH TRUST OF MIAMI -
DADE COUNTY, FLORIDA, WHICH OPERATES AND GOVERNS
JACKSON MEMORIAL HOSPITAL AND OTHER DESIGNATED
FACILITIES WITHIN THE JACKSON HEALTH SYSTEM, FOR THE
PURPOSE OF ESTABLISHING A SINGLE SET OF PROTOCOLS FOR
THE SAFE AND SECURE TRANSPORTATION OF A PERSON AND
TRANSFER OF CUSTODY OF A PERSON TO A RECEIVING FACILITY
FOR INVOLUNTARY EXAMINATION AS MANDATED BY CHAPTER
394 OF THE FLORIDA STATUTES, KNOWN AS THE FLORIDA
MENTAL HEALTH ACT OR THE BAKER ACT.
WHEREAS, it is the policy of the Miami Beach Police Department to respect the dignity
of those persons suffering from mental illness and substance abuse, including those
circumstances in which a person is detained, taken into custody, interviewed or transported to a
secure holding facility; and
WHEREAS, the provisions of Section 394.462 of the Florida Statutes, enacted by the
2009 Florida Legislature, which governs the transportation of persons by law enforcement to
receiving facilities for involuntary examination, require the implementation of specific protocols
that must be utilized by the law enforcement agency and the receiving facility; and
WHEREAS, the City of Miami Beach, in compliance with Section 394.462 of the Florida
Statutes, is required to develop a memorandum of understanding with each Receiving Facility
within Miami -Dade County, which establishes a single set of protocols for the safe and secure
transportation of the person and transfer of custody of the person for involuntary examination as
authorized under Chapter 394 of the Florida Statutes; and
WHEREAS, these protocols shall address crisis - intervention measures, and custody of a
person who is transported pursuant to the Memorandum of Understanding, along with related
documentation, which shall be relinquished to a responsible individual at the appropriate
receiving or treatment facility operated by the Public Health Trust of Miami -Dade County, Florida
consistent with Chapter 394 of the Florida Statutes and the Memorandum of Understanding.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, authorizing the City Manager and
City Clerk to execute a Memorandum of Understanding with the Public Health Trust of Miami -
Dade County, Florida, which operates and governs Jackson Memorial Hospital and other
designated facilities within the Jackson Health System, for the purpose of establishing a single
set of protocols for the safe and secure transportation of a person and transfer of custody of a
person to a receiving facility for involuntary examination as mandated by Chapter 394 of the
Florida statutes, known as the Florida Mental Health Act or the Baker Act.
PASSED and ADOPTED this q /A- day of Marc 2011.
ATTEST:
J7 4IP)
" (1. -
A R MAT ER A BOW R
ROBERT PARCHER, CITY CLERK APPROVED AS TO
FORM & L : UAGE
FOR ,,,T IN
✓�' .�/ ; as`n
• 4 RNEY ptb DATE
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida authorizing the City
Manager and City Clerk to execute a memorandum of understanding with the Public Health Trust of
Miami Dade County, Florida, which operates and governs Jackson Memorial Hospital and other
designated facilities within the Jackson Health System, for the purpose of establishing a single set of
protocols for the safe and secure transportation of a person and transfer of custody of a person to a
receiving facility for involuntary examination mandated by Chapter 394 of the Florida Statutes, known
as the Florida Mental Health Act or the Baker Act.
Key Intended Outcome Supported:
Increase resident ratings of public safety services.
Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research
and Public Policy, and Business Residential Satisfaction Survey of the City of Miami Beach,
residents in 2009, indicated that their three most important areas for the City of Miami Beach to
address in an effort to improve public safety throughout the City are: Preventing Crime 44.9 %,
Enforcing Traffic Laws 36.1% and Increasing Visibility of Police in Neighborhoods 32.4 %.
Issue:
Shall the City adopt the Resolution?
Item Summary /Recommendation:
On July 1, 2009, the State of Florida enacted Florida State Statute 394.462 that requires law
enforcement agencies to develop a Memorandum of Understanding with mental health receiving
facilities. The purpose of the Memorandum of Understanding is to adopt a single set of protocols for
the safe and secure transportation, and transfer of custody, of a person in need of mental health
treatment. These protocols will address crisis intervention measures that include custody of a person
who is transported to a receiving facility along with supporting documentation.
Provisions of the Memorandum of Understanding will include the transporting officer prior to
transporting the person to be committed, to advise the Public Safety Communications Unit to notify
Jackson Memorial Hospital and other designated facilities within the Jackson Health System that a
person is being transported to their treatment facility. In addition, Jackson Memorial Hospital agrees
to accept custody of the person meeting the criteria of Florida State Statute 394.463(1) and conduct a
medical screening examination. Further, Jackson Memorial Hospital will facilitate arrangements with
another mental health facility to accept the person if their facility has no available beds or has been
determined that the person is in need of services from a different facility without the assistance of the
Miami Beach Police Department.
Advisory Board Recommendation:
NA
Financial Information:
Source of Atliount Account
Funds:
2
3
OBPI Total
Financial Impact Summary: NA
City Clerk's Office Le Isla 'v racking:
Michael Gruen, Man , ' ?.--
Planning and Researc Sec i
Sign - ffig dine Assista nt City Manager City Manager
Dieector
Carlos E. Noriega, Chief
MIAMIBEACH AGENDA ITEM Cl D
DATE 3 1I
,
MIAMIBEACH
1
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
MEMO # COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 9, 2011
SUBJECT: A RESOLUTION OF THE MAYOR ' 1 CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE PUBLIC HEALTH TRUST OF MIAMI -
DADE COUNTY, FLORIDA, WHICH OPERATES AND GOVERNS
JACKSON MEMORIAL HOSPITAL AND OTHER DESIGNATED
FACILITIES WITHIN THE JACKSON HEALTH SYSTEM, FOR THE
PURPOSE OF ESTABLISHING A SINGLE SET OF PROTOCOLS FOR
THE SAFE AND SECURE TRANSPORTATION OF A PERSON TO A
RECEIVING FACILITY FOR INVOLUNTARY EXAMINATION AS
MANDATED BY CHAPTER 394 OF THE FLORIDA STATUTES, KNOWN
AS THE FLORIDA MENTAL HEALTH ACT OR THE BAKER ACT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On July 1, 2009, the State of Florida enacted Florida State Statute 394.462 requiring
law enforcement agencies to develop a Memorandum of Understanding with mental
health receiving facilities. The purpose of the Memorandum of Understanding is to
adopt a single set of protocols for the safe and secure transportation, and transfer of
custody, of a person in need of mental health treatment. These protocols will address
crisis intervention measures that include custody of a person who is transported to a
receiving facility along with supporting documentation.
Provisions of the Memorandum of Understanding will include the transporting officer
prior to transporting the person to be committed, to advise the Public Safety
Communications Unit to notify Jackson Memorial Hospital and other designated
facilities within the Jackson Health System that a person is being transported to their
treatment facility. In addition, Jackson Memorial Hospital agrees to accept custody of
the person meeting the criteria of Florida State Statute 394.462 and conduct a
medical screening examination. Further, Jackson Memorial Hospital will facilitate
arrangements with another mental health facility to accept the person if their facility
has no available beds or has been determined that the person is in need of services
from different facility without the assistance of the Miami Beach Police Department.
JMG/ N /RAM /MG