Item F33BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
f
T$ne Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2
t� ) ��` ��
�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: F.33
Agenda Item Summary #2335
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Laura DeLoach (305)292 -4482
None
AGENDA ITEM WORDING: Approval of a Resolution to update and revise the membership of
the Monroe County Substance Abuse Policy Advisory Board (SAPAB) and authorize the SAPAB to
also serve as the County's Planning Council for The Florida Department of Children and Families
Office of Criminal Justice, Mental Health and Substance Abuse (CJMHSA) purposes.
ITEM BACKGROUND: The SAPAB was established May 9, 1990 to address substance abuse
problems, identify additional resources needed to address these problems, develop a prevention
strategy and coordinate drug control efforts. The SAPAB currently reviews applications for funding
as provided through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program and
Clerk's Drug Abuse Trust Fund. The SAPAB membership, in order to serve as the primary body for
coordinating drug abuse efforts undertaken with funds provided by JAG, must be in accordance with
11D- 9.005, Florida Administrative Code (F.A.C). The Monroe County Board of County
Commissioners at it August 17 2016 meeting designated the SAPAB to also serve as the County's
Planning Council as it is necessary for the Florida Department of Children and Families, Office of
Criminal Justice, Mental Health and Substance Abuse (CJMHSA) Reinvestment Grant (Program)
and authorized the expansion of the current SAPAB membership to meet the requirements of F.S.
394.657 for Planning Council activities.
The SAPAB met on August 22, 2016 to address matters relating to the Florida Department of Law
Enforcement (FDLE) Edward Byrne Justice Assistance Grant (JAG) program and the Clerk's Drug
Abuse Trust Fund (CDATF) program and also met as the County Planning Council in order to meet
the Criminal Justice, Mental Health and Substance Abuse (CJMHSA) program requirements. This
resolution retroactively approves the membership of the SAPAB. The SAPAB membership is based
upon members who serve by reason of their job position /title and shall continue to serve unit they
are no longer in that position or until termination of the SAPAB or Planning Council.
PREVIOUS RELEVANT BOCC ACTION: On August 17, 2016 (Agenda Item Summary 41954,
C.19) the BOCC approved for the Substance Abuse Policy Advisory Board (SAPAB) to also serve
as the Planning Council and approved to adding to the membership of the SAPAB in order to meet
the statutory requirements of F.S. 394.657 and to meet the requirements defined by the Florida
Department of Children and Families, Office of Criminal Justice, Mental Health and Substance
Abuse (CJMHSA) Reinvestment Grant (Program); thus allowing not - for - profit community providers
designated by County's Planning Council to apply for a Planning, Implementation or Expansion
Grant.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
SAPAB Resolution 2016
11D -9.005 Membership of SAPAB for JAG awards
F.S. 394.657 County planning councils or committees
FINANCIAL IMPACT:
Effective Date: August 17, 2016
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
If yes, amount:
N/A
REVIEWED BY:
Tina Boan
Christine Limbert
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
11/03/2016 10:51 AM
Completed
11/03/2016 10:53 AM
Completed
11/03/2016 11:02 AM
Completed
11/03/2016 11:13 AM
Pending
11/22/2016 9:00 AM
RESOLUTION NO. -2016
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
PROVIDING FOR AN UPDATED AND REVISED
MEMBERSHIP OF MONROE COUNTY SUBSTANCE
ABUSE POLICY AND ADVISORY BOARD (SAPAB) AND
AUTHORIZING THE SAPAB TO BE DESIGNATED AS THE
PLANNING COUNCIL
WHEREAS, the Substance Abuse Policy and Advisory Board (SAPAB) was established on May 9,
1990 to address substance abuse problems, identify additional resources needed to address these
problems, develop a prevention strategy and coordinate drug control effort in Monroe County; and
WHEREAS, the SAPAB currently reviews applications for funding as provided through the
Edward Byrne Memorial Justice Assistance Grant (JAG) Program and Clerk's Drug Abuse Trust Fund; and
WHEREAS, the Monroe County Board of County Commissioners at it August 17' 2016 meeting
designated the SAPAB to also serve as the County's Planning Council as it is necessary for the Florida
Department of Children and Families, Office of Criminal Justice, Mental Health and Substance Abuse
(CJMHSA) Reinvestment Grant (Program) and authorized the expansion of the current SAPAB
membership to meet the requirements of F.S. 394.657 for Planning Council activities; and
WHEREAS, the SAPAB membership, in order to serve as the primary body for coordinating drug
abuse efforts undertaken with funds provided by JAG, must be in accordance with 11D- 9.005, Florida
Administrative Code (F.A.C); and
WHEREAS, given the numerous membership requirements imposed by F.A.C. 11D -9.005 and F.S.
394.657, the membership is being revised to reorganize the current membership; and
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA that:
1. Resolution 288 -1998, which sets forth the membership is hereby rescinded and replaced
with this resolution;
2. The SAPAB shall be designated as the County Planning Council as set forth in F.S. 394.657
and is authorized to take action for CJMHSA purposes;
3. The SAPAB membership is based upon members who serve by reason of their job
position /title and shall continue to serve until they are no longer in that position or until
termination of the SAPAB or Planning Council;
a. The SAPAB membership shall be comprised of the following members:
(Notation of * if required per F.A.0 11D -9.005 and notation of ** if required per F.S. 394.657)
b. Chief Circuit Judge or their authorized designee *;
L A circuit judge designated by the chief judge of the circuit **
ii. A county judge designated by the chief judge of the circuit **
c. State Attorney or their authorized designee *, an assistant state attorney designated
by the state attorney * *;
d. Public Defender or their authorized designee *, or an assistant public defender
designated by the public defender * *;
e. Sheriff or their authorized designee * * *;
f. Chief of Police of each municipality within the county or their authorized designee
or a Chief of Police designated by those Chiefs of Police as their
representative */police chief, or a person designated by the local police chiefs
association * *;
g. Jail Administrator or their authorized designee *;
h. Clerk of Court or their authorized designee *;
i. Superintendent of Education or their authorized designee *;
j. Representative of local drug treatment programs or their authorized designee *;
k. A representative from Misdemeanor Probation /Correctional Services;
1. Chief Correctional Officer **
m. State probation circuit administrator, or a person designed by the state probation
circuit administrator * *;
n. Local court administrator, or a person designated by the local court
administrator * *;
o. The chairperson of the board of county commissioners, or another county
commissioner designated by the chairperson * *;
p. Director of any county probation or pretrial intervention program * *;
q. Representative of local drug treatment programs or authorized designee * /The
director of a local substance abuse treatment program or a person designated by
the director * *;
r. The director of a community mental health agency, or a person designated by the
director* *;
s. A representative of the substance abuse program office and the mental health
program office of the Department of Children and Families, selected by the
substance abuse and mental health program supervisory of the district in which the
county is located * *;
t. A primary consumer of mental health services; selected by the substance abuse and
mental health program supervisor of the district in which the primary consumer
resides * *;
u. A primary consumer of substance abuse services, selected by the substance abuse
and mental health program supervisor of the district in which the primary consumer
resides * *;
v. A family member of a primary consumer of community-based treatment services,
selected by the abuse and mental health program supervisor of the district in which
the family member resides * *;
w. A representative from an area homeless program or a supportive housing
program";
x. The director of the detention facility of the Department of Juvenile Justice, or a
person designated by the director * *;
y. The chief probation officer of the Department of Juvenile Justice, or an employee
designated by the chief probation officer * *;
4. The membership as stated in t. -y. above only serve on the SAPAB for matters relating to the
CJMHSA activities and are not required to serve for matters relating to the JAG program or
Clerk's Drug Abuse Trust Fund.
5. Membership may be revised to reflect requirements of F.A.C. 11d- 9.005, as amended or F.S.
394.567, as amended, but such membership must be ratified by the Board of County
Commissioners.
6. Approval of the SAPAB membership and authorization of the SAPAB to be designated and
act as the Planning Council as per F.S. 394.567 shall be retroactive to August 22, 2016. in the
event that the Planning Council is dissolved, the membership of the SAPAB may be amended
to remove only those positions that are only required per F.S. 394.567, but the membership
must be ratify by the BOCC.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular
meeting of said Board held on the 22nd day of November, 2016.
Mayor Heather Carruthers
Mayor Pro Tern George Neugent
Commissioner Danny L. Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MAYOR
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
BY:
Deputy Clerk
13
11D -9.005 Application and Award Procedures for JAG - Countywide and JAG - Direct.
(1) JAG - Countywide Notification Process for State Applicants.
(a) The Department shall notify in writing state agencies that are appropriated a portion of the JAG - Countywide funds. Such
notice shall identify the funding available, the purposes for which these funds may be used and the procedures required for receipt of
such funds.
(b) State agencies so notified shall be obligated the appropriated funds upon receipt of an application for such funds from the
affected agency.
(c) Applicants who submit proposals to the Department for consideration shall submit two originals of the completed
application package which is filled out via the Subgrant Information ON -line System (SIMON).
(2) JAG - Countywide Notification Process for Local Applicants.
(a) To initiate a funding cycle, the Department shall notify all eligible agencies and jurisdictions through publication in the
Florida Administrative Register. The funding cycle shall be advertised in the Florida Administrative Register at least 30 days prior
to the deadline for submitting applications.
(b) In addition to the notice specified in paragraph (1)(a) of this section, the Department shall send notice of the funding cycle
and a program announcement to the Chairman, Board of County Coimmissioners, in each county. The Department shall also provide
a courtesy copy of said notice and program announcement to the Chief Elected Official of the governing body of each city located in
each county so notified.
(c) The Chairman, Board of County Coimmissioners, in each county so notified shall return to the Department within 30 days of
receiving notification, a statement of certification indicating the county's willingness to serve as the coordinating unit of government
for at least 51% percent of the units of govermment which also represent at least 51% percent of the population located in said
county. The county shall also identify a county coordinator. The Department shall provide an announcement code to access the
application forms in "Subgrant Information Management On -line System "SIMON," and any other needed information to the county
coordinator.
(d) In the event the county declines to serve as the coordinating unit of govermment, the Department shall request the governing
body of each municipality, in descending order of population, to serve as the coordinating unit of govermment.
(3) JAG - Countywide Local Application Process.
(a) Each applicant is encouraged to appoint a Substance Abuse and Violent Crime Policy Advisory Board, the membership of
which shall include at a minimum the following persons or their authorized designee: Chief Circuit Judge, State Attorney, Public
Defender, Sheriff, Chief of Police of each municipality within the county or a Chief of Police designated by those Chiefs of Police
as their representative, Jail Administrator, Clerk of the Court, Superintendent of Education and a representative of local drug
treatment programs. An existing Board or Council whose membership includes the listed representatives may be utilized in lieu of
appointing a new Board or Council. The Substance Abuse and Violent Crime Policy Advisory Board shall serve as the primary body
for coordinating drug abuse efforts undertaken with funds provided by the Act.
(b) Each applicant is encouraged to designate an Office of Substance Abuse and Violent Crime Policy for the purposes of:
1. Providing administrative support to the Substance Abuse and Violent Crime Policy Advisory Board;
2. Preparing an application on behalf of at least 51 percent of the local units of government that also represents at least 51%
percent of the population in the applicant's county;
3. Administering funds received from the OCJG, including receipt, review, processing, monitoring, progress and financial report
review, technical assistance, grant adjustment, accounting, auditing and fund disbursements; and
4. Coordinating the drug control and violent crime prevention and enforcement activities of the county's criminal justice system,
education system and drug treatment systems.
(c) An office or agency perfonning other functions within the applicant unit of government may be designated as the Office of
Substance Abuse and Violent Crime Policy.
(d) Applicants who subunit proposals to the Department for consideration shall subunit two originals of the completed
application package which is filled out via the Subgrant Informmation ON -line System (SIMON).
(e) The Department shall review all applications for JAG - Countywide funds and shall reject any application not meeting the
requirements of these rules and applicable federal and state laws.
(4) JAG - Direct Notification Process for Local Applicants. To initiate a funding cycle, the Department shall send notice of the
funding cycle and a program announcement to the local agency head; being the mayor of the city or the chainnan, in each county.
_
a
a
(5) JAG - Direct Local Application Process.
(a) Applicants who submit proposals to the Department for consideration shall submit two originals of the completed
application package which is filled out via the Subgrant Information ON -line System (SIMON).
(b) The Department shall review all applications for Act funds and shall reject any application not meeting the requirements of
these rules and applicable federal and state laws.
Rulemaking Authority 943.03(4), 943.403 FS. Law Implemented 943.25(1), 943.402 FS. History New 2 -6 -90, Amended 2 -7 -95, Formerly 9G
16008, Amended 6- 22 -00, Formerly 98- 61.008, Amended 11 -5 -02, 3- 27 -06, 3- 13 -13.
CL
_3
L
CL
M 4� M
KeyCite Yellow Flag - Negative Treatment
s.
Part IV. Community Substance Abuse and Mental Health Services (Refs
West's F.S.A. § 394.657
394.657. County planning councils or committees
Effective: July 1, 2014
Currentness
(1) Each board of county commissioners shall designate the county public safety coordinating council established under s.
951.26, or designate another criminal or juvenile justice mental health and substance abuse council or committee, as the
planning council or committee. The public safety coordinating council or other designated criminal or juvenile justice mental
health and substance abuse council or committee, in coordination with the county offices of planning and budget, shall make
a formal recommendation to the board of county commissioners regarding how the Criminal Justice, Mental Health, and
Substance Abuse Reinvestment Grant Program may best be implemented within a community. The board of county
commissioners may assign any entity to prepare the application on behalf of the county administration for submission to the
Criminal Justice, Mental Health, and Substance Abuse Statewide Grant Review Committee for review. A county may join
with one or more counties to form a consortium and use a regional public safety coordinating council or another county-
designated regional criminal or juvenile justice mental health and substance abuse planning council or committee for the
geographic area represented by the member counties.
(2)(a) For the purposes of this section, the membership of a designated planning council or committee must include
1. The state attorney, or an assistant state attorney designated by the state attorney.
2. A public defender, or an assistant public defender designated by the public defender.
3. A circuit judge designated by the chief judge of the circuit.
4. A county court judge designated by the chief judge of the circuit.
5. The chief correctional officer.
M 4� M
6. The sheriff, if the sheriff is the chief correctional officer, or a person designated by the sheriff.
7. The police chief, or a person designated by the local police chiefs association.
8. The state probation circuit administrator, or a person designated by the state probation circuit administrator.
9. The local court administrator, or a person designated by the local court administrator.
10. The chairperson of the board of county commissioners, or another county commissioner designated by the chairperson,
or, if the planning council is a consortium of counties, a county commissioner or designee from each member county.
11. The director of any county probation or pretrial intervention program, if the county has such a program.
12. The director of a local substance abuse treatment program, or a person designated by the director.
13. The director of a community mental health agency, or a person designated by the director.
14. A representative of the substance abuse program office and the mental health program office of the Department of
Children and Families, selected by the substance abuse and mental health program supervisor of the district in which the
county is located.
15. A primary consumer of mental health services, selected by the substance abuse and mental health program supervisor of up
the district in which the primary consumer resides. If multiple counties apply together, a primary consumer may be selected Cq
to represent each county.
C
a)
U
16. A primary consumer of substance abuse services, selected by the substance abuse and mental health program supervisor
of the district in which the primary consumer resides. If the planning council is a consortium of counties, a primary consumer
may be selected to represent each county.
17. A family member of a primary consumer of community-based treatment services, selected by the abuse and mental health
program supervisor of the district in which the family member resides.
M 4� M
18. A representative from an area homeless program or a supportive housing program.
19. The director of the detention facility of the Department of Juvenile Justice, or a person designated by the director.
20. The chief probation officer of the Department of Juvenile Justice, or an employee designated by the chief probation
officer.
(b) The chairperson of the board of county commissioners or another county commissioner, if designated, shall serve as the
chairperson of the planning council or committee until a chairperson is elected from the membership.
(c) All meetings of the planning council or committee, as well as its records, books, documents, and papers, shall be open and
available to the public in accordance with ss. 119.07 and 286.011.
(3)(a) If a public safety coordinating council established under s. 951.26 acts as the planning council, its membership must
include all persons listed in paragraph (2)(a).
(b) A public safety coordinating council that is acting as the planning council must include an assessment of the availability
of mental health programs in addition to the assessments required under s. 951.26(2).
Credits
Laws 2007, c. 2007 -200, § 2, eff. July 1, 2007. Amended by Laws 2010, c. 2010 -159, § 4, eff. July 1, 2010; Laws 2014, c.
2014 -19, § 93, eff. July 1, 2014.
West's F. S. A. § 394.657, FL ST § 394.657
Current through the 2016 Second Re ar Session of the Twen -Fourth Le islature.
Enid oa Docannie 4 20 . honn3 n R ul1; ,. No cl«i 1() c i`2 ml 5.: * ennnnc::a ,t oflks. �