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MEMORANDUM OF UNDERSTANDING BETWEEN
THE PUBLIC HEALTH TRUST OF MIAMI -DADE COUNTY
AND THE CITY OF MIAMI BEACH
This Memorandum of Understanding (MOU) is entered into this ` day of
2011, by the CITY O � F MIAMI BEACH, on behalf of the Miami Beach Police
Dep rtment/Patrol Division, 1100 Washington Avenue, Miami 'Beach, Florida 33139 and THE PUBLIC
HEALTH TRUST OF MIAMI -DADE COUNTY, Public Health Trust of Miami -Dade ' County, Florida,
Jackson Health System, 1611 N.W. 12 Avenue, Miami, Florida 33136, hereinafter referred to as the
"TRUST" which operates and governs Jackson Memorial Hospital and other designated facilities
within the Jackson Health System.
WHEREAS, in order to implement the provisions of Section 394.462 of the Florida Statutes,
enacted by the 2009 Florida Legislature governing transportation of persons by. Law Enforcement to.
Receiving Facilities for involuntary examination, the following is required:
1. The City of Miami Beach shall develop a memorandum of understanding with each,
Receiving_ Facility within the City of Miami Beach's jurisdiction which reflects a single set of
protocols for the safe and . secure transportation of the person and transfer of custody. of the
person. These protocols .must also address crisis- intervention measures.
2. Custody of a person who is transported pursuant to this part, along with related
documentation, shall be relinquished to a responsible individual at the appropriate receiving or
treatment facility.
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, interviewe.d 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 City of Miami Beach Police Department 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 this 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 this Memorandum of Understanding.
Therefore it is agreed that:
1. A Miami Beach Police'Officer shall deliver each individual under involuntary examination status
to the nearest Receiving Facility unless a Transportation Exception Plan has been approved for
this county by the Board of County Commissioners and the Secretary of the Florida Department of
Children and Families (the "DCF" ).
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2. if a Transportation. Exception Plan has been approved by the Board of Country Commissioners
and the Secretary of the DCF, the following special provisions are to be followed upon approval of
the..Eleventh Judicial Circuit's proposed Baker Act Transportation Exception Plan, and this
Memorandum of Understanding will be amended.
3. When possible, either the Miami Beach Police Officer , or the Miami Beach Communications
Center will give the Receiving Facility a courtesy telephone call to alert the staff that the officer is
en -route to the Receiving Facility. The Receiving Facility agrees that such a c_ ourtesy call will
not be used to instruct an officer to take the individual to any other facility.
4. The officer will complete a mandatory written report (form CF -MH 3100) detailing the
circumstances under which the person was taken into custody (pursuant to Section 394.463(2)
(a)(3) of the Florida Statutes), and will give a copy of the report along with the Certificate for
Involuntary Examination to the responsible party at,the Receiving Facility.
5. The Miami Beach Police Officer may then leave the individual at the Receiving Facility with
the.appropriate staff member.
6. The Receiving Facility to which the individual is brought by the Miami Beach Police
Department for involuntary examination will accept the person and conduct the examination.
7. If the Receiving Facility has no available beds, or has determined that the person is in need
of services from a different Receiving Facility (including medical treatment), arrangements for
a safe and appropriate transfer of the individual to a different receiving facility /medical facility
will be made by the Receiving Facility that first received the individual. The Receiving Facility
will not ask an officer -to transport such an individual under any circumstances.
8. The Receiving Facility will ensure that the individual receives the mandatory initial
involuntary examination before release unless the individual is transferred. If the person is not
appropriate for admission to the Receiving Facility, then the individual will be released with a
referral to community services as appropriate.
'9. When the Miami Beach Police Officer has custody of a person based on either non - criminal
or minor criminal behavior that meets the statutory guidelines for involuntary examination, the
Miami Beach Police Officer shall transport the person to the nearest Receiving Facility for
examination.
10. When any Miami Beach Police Officer has arrested a person fora- felony, and it appears
that the person meets the statutory guidelines for involuntary examination or placement under
this part, such person - shall first be processed in the same manner as any other criminal
suspect. The Miami -Dade Correctional staff shall thereafter immediately notify the nearest
public. Receiving Facility, which shall be responsible for promptly arranging for the examination
and treatment of the. person. A Receiving Facility is not required to admit a person charged
with a crime for which the Receiving Facility determines and documents that it is unable to
provide adequate security, but shall provide mental health examination and treatment to the
person where he or she is held.
11. The Miami Beach Police Officer will inform the Receiving facility personnel in each
situation where an individual has violations or criminal charges, and the Receiving Facility will
not release such persons except back to a Law Enforcement Agency.
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12. Any litigation between the. Parties regarding the terms of this Memorandum of
Understanding shall take place in Miami -Dade County, Florida. The provisions of this
Memorandum of Understanding shall . be construed in accordance with the laws of the State of
Florida.
13. The term of this Memorandum of Understanding shall be for a period of one (1) year
commencing from the date of execution of this Memorandum of Understanding by both
Parties, with - two (2) successive options - to renew of one (1) year each. The Parties must
exercise - the option to renew via mutual written agreement, executed by both - Parties.
14. Neither TRUST nor the City of Miami Beach shall assi.gn or transfer this Memorandum
of Understanding, or any -part thereof, without the written consent of the other party.
'15. Subject to applicable provisions of state law, either party may terminate its participation in
this Memorandum of Understanding .by giving thirty (30) days, written notice, of such
termination to the other Party. Such notice shall be delivered by certified mail with return
receipt to the other Party, and termination shall be effective upon date specified in the notice.
NOTICES
Asto Carlos Migoya, President and Chief Executive Officer
Public Health Trust of Miami -Dade County, Florida
Jackson Health System
1611 N.W. 12 Avenue
Miami, FL 33136
As'to.the AGENCY: Lieutenant Bruce Johnson
C.I.T. Coordinator
Miami Beach Police Department/ Patrol Division
1100 Washington Avenue
Miami Beach, Florida 33139
ATTEST:
Miami Beach Police - D t Public Health of Miami = Dade County, "Florida
Name of w Enforcement Agency Baker Act ceiving Facility
Signature of Authorized Per r Agency Signature'of Authorized Person
s O c �' r dos m
Printed Name of Authorized Person Printed Name of Author' d Person
Date MOU tigned by Authorized Person Date
Approved , for legal :sufficiency Approved - for sufficiency as to insurance
and for y the C' ,of Miami Beach, nd liability by the :Director of Risk
City�A, for ey's O is e�,, a age nt, .Jackson Health System.
S, Date Signs Date
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
MIAMI BEACH AND THE PUBLIC HEALTH TRUST OF MIAMI -DADE
COUNTY, FLORIDA
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized.
Approved for legal sufficiency and form by
the County Attorneys Office for legal sufficiency.
Signature