Resolution 2023-32584RESOLUTION NO. 2023-32584
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA
LEGISLATURE TO PROMULGATE LEGISLATION REQUIRING A
MORE COMPREHENSIVE ASSESSMENT AND EVALUATION PERIOD
FOR PERSONS WHO HAVE REPEATEDLY MET THE ESTABLISHED
CRITERIA AND BEEN TAKEN FOR INVOLUNTARY EXAMINATION
PURSUANT TO FLORIDA'S BAKER ACT, IN ORDER TO PROVIDE
HOSPITALS AND OTHER RECEIVING FACILITIES THE
OPPORTUNITY TO CONDUCT A MORE DETAILED AND THOROUGH
EXAMINATION TO ASSESS WHETHER SUCH PERSONS REQUIRE
FURTHER TREATMENT OR COMMITMENT AT AN APPROPRIATE
MENTAL HEALTH FACILITY.
WHEREAS, mental illness collectively constitutes all diagnosable mental disorders or
health conditions that are characterized by alterations in thinking, mood, or behavior (or some
combination thereof) associated with distress or impaired functioning; and
WHEREAS, the Florida Mental Health Act, commonly referred to as the Baker Act, was
enacted to revise the state's mental health commitment laws, which include legal procedures for
mental health examination and treatment, including voluntary and involuntary examinations; and
WHEREAS, the Baker Act allows for an involuntary examination if there is reason to
believe that a person has a mental illness and is in danger of harming themselves or others based
on recent behavior; and
WHEREAS, an involuntary examination may be initiated by a court entering an ex-parte
order, a law enforcement officer, or a mental health professional; and
WHEREAS, presently, pursuant to the Baker Act, a receiving facility only has up to 72
hours to assess and examine an involuntary patient within the framework of an established
protocol at a facility, in order to determine if the criteria for involuntary services are met; and
WHEREAS, within that 72-hour examination period, the patient must be released on their
own recognizance, released for voluntary outpatient treatment, or a petition for involuntary
placement must be filed in circuit court for involuntary inpatient or outpatient treatment; and
WHEREAS, if a petition for involuntary placement is filed, a hearing will be held to
determine if a court finds that the involuntary placement criteria is met and, if so, the patient is
committed to an appropriate hospital or mental health facility for treatment; and
WHEREAS, according to the Florida Mental Health Act Fiscal Year 2020-2021 Annual
Report, there were 194,680 involuntary examinations conducted of 121,921 individuals; and
WHEREAS, in 2019, the Marjory Stoneman Douglas High School Public Safety
Commission (the "Commission") found that the state's mental health system was too often a
revolving door as less than 1 % of 200,000 people examined pursuant to the Baker Act received
long-term treatment; and
WHEREAS, in fact, many individuals were released in less than one (1) day despite
repeated assessments and evaluations because the Commission found that the system was set
up to treat the immediate crisis that led to the Baker Act being implemented and not toward long-
term treatment; and
WHEREAS, the root cause of many patients undergoing multiple examinations without
receiving appropriate follow-up treatment or services, is that the 72-hour period set forth in the
Baker Act only provides mental health specialists enough time to quickly identify the immediate
situation, and insufficient time to create and initiate a long-term treatment plan to address the
patient's long-term issues; and
WHEREAS, this problem is exacerbated as many patients in dire need of intervention and
treatment cannot, or will not, apply for voluntary treatment or services; and
WHEREAS, mental illness reaches into every neighborhood, community and class of
persons, and is not just a humanitarian issue, but if left untreated can become a public safety
issue; and
WHEREAS, a more comprehensive and thorough assessment for individuals who have
been repeatedly taken for involuntary examination pursuant to the Baker Act could prevent a
relapse or deterioration that may result in harm to themselves and/or others; and
WHEREAS, a long-term mental health plan for patients in need would provide such
persons to opportunity to receive treatment which may make sustainable change and
improvement in their lives, and in the lives of those who care about them.
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 promulgate legislation requiring a more
comprehensive assessment and evaluation period for persons who have repeatedly met the
established criteria and been taken for involuntary examination pursuant to Florida's Baker Act,
in order to provide hospitals and other receiving facilities the opportunity to conduct a more
detailed and thorough examination to assess whether such persons require further treatment or
commitment at an appropriate mental health facility.
PASSED AND ADOPTED this O day of Xpri/ 20
Mayor Dan Gelber
ATTEST: MAY Q
2023
Rafael E. G anado, City Clerk
(Sponsored by Commissioner Steven Meiner and Mayor Gelber)
NCORPAOW
APPROVED AS TO
FORM & LANGUAGE,
& OR EXECUTION
VCTty Attorney - / Date
Resolutions - C7 X
MIAMI, B,EACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: April 28, 2023
SUBJECT. A. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO
ENACT LEGISLATION REQUIRING A MORE COMPREHENSIVE
ASSESSMENT AND EVALUATION PERIOD FOR PERSONS WHO HAVE
REPEATEDLY MET THE 'ESTABLISHED CRITERIA AND HAVE BEEN
TAKEN FOR INVOLUNTARY EXAMINATION PURSUANT TO FLORIDA'S
BAKER ACT, IN ORDER TO PROVIDE HOSPITALS AND OTHER
RECEIVING FACILITIES THE OPPORTUNITY TO CONDUCT A MORE
DETAILED AND THOROUGH EXAMINATION TO ASSESS WHETHER
SUCH PERSONS REQUIRE FURTHER TREATMENT OR COMMITMENT AT
AN APPROPRIATE MENTAL HEALTH FACILITY.
ANALYSIS
Pursuant to the request of Commissioner Steven Meiner and Mayor Dan Gelber, the above -
referenced Resolution is submitted for consideration by the Mayor and City Commission at the
April 28, 2023, City Commission meeting.
SUPPORTING SURVEY DATA
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FINANCIAL INFORMATION
N/A
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Legislative Tracking
Office of the City Attorney
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No
Sponsor
Commissioner Steven Meiner and Mayor Dan Gelber
Page 434 of 991
ATTACHMENTS:
Description
❑ Resolution
Page 435 of 991