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