Florida Senate - 2016 SENATOR AMENDMENT Bill No. CS/SB 1322, 1st Eng. Ì227052|Î227052 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/3R . 03/07/2016 04:17 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Latvala moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 985.6865, Florida Statutes, is created 6 to read: 7 985.6865 Juvenile detention.— 8 (1) The Legislature finds that various counties and the 9 Department of Juvenile Justice have engaged in a multitude of 10 legal proceedings regarding detention cost sharing for 11 juveniles. Such litigation has largely focused on how the 12 Department of Juvenile Justice calculates the detention costs 13 that the counties are responsible for paying, leading to the 14 overbilling of counties for a period of years. Additionally, 15 litigation pending in 2016 is a financial burden on the 16 taxpayers of this state. 17 (2) It is the intent of the Legislature that all counties 18 that are not fiscally constrained counties and that have pending 19 administrative or judicial claims or challenges file a notice of 20 voluntary dismissal with prejudice to dismiss all actions 21 pending on or before February 1, 2016, against the state or any 22 state agency related to juvenile detention cost sharing. 23 Furthermore, all counties that are not fiscally constrained 24 shall execute a release and waiver of any existing or future 25 claims and actions arising from detention cost share prior to 26 the 2016-2017 fiscal year. The department may not seek 27 reimbursement from counties complying with this subsection for 28 any underpayment for any cost-sharing requirements before the 29 2016-2017 fiscal year. 30 (3) As used in this section, the term: 31 (a) “Detention care” means secure detention and respite 32 beds for juveniles charged with a domestic violence crime. 33 (b) “Fiscally constrained county” means a county within a 34 rural area of opportunity as designated by the Governor pursuant 35 to s. 288.0656 or each county for which the value of a mill will 36 raise no more than $5 million in revenue, based on the certified 37 school taxable value certified pursuant to s. 1011.62(4)(a)1.a., 38 from the previous July 1. 39 (c) “Total shared detention costs” means the amount of 40 funds expended by the department for the costs of detention care 41 for the prior fiscal year. This amount includes the most recent 42 actual certify forward amounts minus any funds it expends on 43 detention care for juveniles residing in fiscally constrained 44 counties or out of state. 45 (4)(a) Notwithstanding s. 985.686 and for the 2016-2017 46 state fiscal year, each county that is not a fiscally 47 constrained county that has taken the action fulfilling the 48 intent of this legislation as described in subsection (2) shall 49 pay to the department its annual percentage share of $42.5 50 million. By June 1, 2016, the department shall calculate and 51 provide to each county that is not a fiscally constrained county 52 its annual percentage share by dividing the total number of 53 detention days for juveniles residing in that county for the 54 most recently completed 12-month period by the total number of 55 detention days for juveniles in all counties that are not 56 fiscally constrained counties during the same period. Beginning 57 July 1, 2016, each such county shall pay to the department its 58 annual percentage share of $42.5 million, which shall be paid in 59 12 equal payments due on the first day of each month. The state 60 shall pay the remaining actual costs of detention care. This 61 paragraph expires June 30, 2017. 62 (b) Notwithstanding s. 985.686, for the 2017-2018 fiscal 63 year, and each fiscal year thereafter, each county that is not a 64 fiscally constrained county and that has taken the action 65 fulfilling the intent of this section as described in subsection 66 (2) shall pay its annual percentage share of 50 percent of the 67 total shared detention costs. By July 15, 2017, and each year 68 thereafter, the department shall calculate and provide to each 69 county that is not a fiscally constrained county its annual 70 percentage share by dividing the total number of detention days 71 for juveniles residing in the county for the most recently 72 completed 12-month period by the total number of detention days 73 for juveniles in all counties that are not fiscally constrained 74 counties during the same period. The annual percentage share of 75 each county that is not a fiscally constrained county must be 76 multiplied by 50 percent of the total shared detention costs to 77 determine that county’s share of detention costs. Beginning 78 August 1, each such county shall pay to the department its share 79 of detention costs, which shall be paid in 12 equal payments due 80 on the first day of each month. The state shall pay the 81 remaining actual costs of detention care 82 (5) The state shall pay all costs of detention care for 83 juveniles residing in a fiscally constrained county and for 84 juveniles residing out of state. The state shall pay all costs 85 of detention care for juveniles housed in state detention 86 centers from counties that provide their own detention care for 87 juveniles. 88 (6) Each county that is not a fiscally constrained county 89 and that has taken the action fulfilling the intent of this 90 section as described in subsection (2) shall incorporate into 91 its annual county budget sufficient funds to pay its annual 92 percentage share of the total shared detention costs required by 93 subsection (4). 94 (7) Funds paid by the counties to the department pursuant 95 to this section must be deposited into the Shared County/State 96 Juvenile Detention Trust Fund. 97 (8) The department shall determine each quarter whether the 98 counties are remitting funds as required by this section. 99 (9) Funds received from counties pursuant to this section 100 are not subject to the service charges provided in s. 215.20. 101 (10) The department may adopt rules to administer this 102 section. 103 Section 2. Subsection (2) of section 985.6015, Florida 104 Statutes, is amended to read: 105 985.6015 Shared County/State Juvenile Detention Trust 106 Fund.— 107 (2) The fund is established for use as a depository for 108 funds to be used for the costs ofpredispositionjuvenile 109 detention. Moneys credited to the trust fund shall consist of 110 funds from the counties’ share of the costs forpredisposition111 juvenile detention. 112 Section 3. Paragraph (a) of subsection (11) of section 113 985.688, Florida Statutes, is amended to read: 114 985.688 Administering county and municipal delinquency 115 programs and facilities.— 116 (11)(a) Notwithstanding the provisions of this section, a 117 county is in compliance with this section if: 118 1. The county provides the full cost forpreadjudication119 detention for juveniles; 120 2. The county authorizes the county sheriff, any other 121 county jail operator, or a contracted provider located inside or 122 outside the county to providepreadjudicationdetention care for 123 juveniles; 124 3. The county sheriff or other county jail operator is 125 accredited by the Florida Corrections Accreditation Commission 126 or American Correctional Association; and 127 4. The facility is inspected annually and meets the Florida 128 Model Jail Standards. 129 Section 4. Effective July 1, 2016, for the 2016-2017 fiscal 130 year, the sum of $7.3 million in recurring funds and the sum of 131 $3.5 million in nonrecurring funds is appropriated from the 132 General Revenue Fund to the Department of Juvenile Justice for 133 the purpose of implementing s. 985.6865, Florida Statutes, as 134 created by this act. These funds supplement the funds 135 appropriated to the department in the 2016-2017 General 136 Appropriations Act to pay the state’s costs for juvenile 137 detention. 138 Section 5. Except as otherwise provided in this act, this 139 act shall take effect upon becoming a law. 140 141 ================= T I T L E A M E N D M E N T ================ 142 And the title is amended as follows: 143 Delete everything before the enacting clause 144 and insert: 145 A bill to be entitled 146 An act relating to juvenile detention costs; creating 147 s. 985.6865, F.S.; providing legislative findings and 148 intent; defining terms; requiring certain counties 149 that are not fiscally constrained counties to each pay 150 to the Department of Juvenile Justice its annual 151 percentage share of specified amounts for specified 152 fiscal years; requiring such counties to pay its 153 annual percentage share of the specified amounts in 12 154 equal payments beginning on a specified date; creating 155 the methodology by which the department determines the 156 percentage share for each county; providing an 157 expiration date; requiring the state to pay all costs 158 of detention care for juveniles residing in a fiscally 159 constrained county, residing out of state, and 160 residing in state detention centers in counties that 161 provide their own detention care for juveniles; 162 requiring a county that is not fiscally constrained 163 county to incorporate into its annual budget 164 sufficient funds to pay its annual percentage share; 165 requiring certain funds to be deposited into the 166 Shared County/State Juvenile Detention Trust Fund; 167 requiring the department to determine certain 168 compliance on a quarterly basis; exempting certain 169 funds collected from specified service charges; 170 providing rulemaking; amending ss. 985.6015 and 171 985.688, F.S.; conforming provisions to changes made 172 by the act; providing appropriations; providing 173 effective dates.