CS for SB 1322 First Engrossed
20161322e1
1 A bill to be entitled
2 An act relating to juvenile detention costs; amending
3 s. 985.686, F.S.; providing legislative findings and
4 intent; defining a term; revising the annual
5 contributions by certain counties for the costs of
6 detention care for juveniles; revising the methodology
7 by which the Department of Juvenile Justice determines
8 the percentage share for each county; requiring the
9 state to pay all costs of detention care for juveniles
10 residing out of state and for juveniles residing in
11 state detention centers in counties that provide their
12 own detention care for juveniles; deleting a
13 requirement that the Department of Revenue and the
14 counties provide certain technical assistance to the
15 Department of Juvenile Justice; revising the
16 applicability of specified provisions; amending ss.
17 985.6015 and 985.688, F.S.; conforming provisions to
18 changes made by the act; providing appropriations;
19 providing effective dates.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Subsection (1) of section 985.686, Florida
24 Statutes, is amended, paragraph (c) is added to subsection (2)
25 of that section, present subsections (9) and (11) of that
26 section are redesignated as subsections (8) and (10),
27 respectively, and subsections (3) through (7) and present
28 subsections (8) and (10) of that section are amended, to read:
29 985.686 Shared county and state responsibility for juvenile
30 detention.—
31 (1)(a) It is the policy of this state that the state and
32 the counties have a joint obligation, as provided in this
33 section, to contribute to the financial support of the detention
34 care provided for juveniles.
35 (b) The Legislature finds that various Florida counties and
36 the department have engaged in a multitude of legal proceedings
37 regarding detention cost share for juveniles. Such litigation
38 has largely focused on how the department calculates the
39 detention costs that counties are responsible for paying,
40 leading to the overbilling of counties for a period of years.
41 Additionally, such litigation is a financial burden on the
42 taxpayers of Florida.
43 (c) It is the intent of the Legislature that all counties
44 in this state which are not fiscally constrained counties and
45 which have related pending administrative or judicial claims or
46 challenges file a notice of voluntary dismissal with prejudice
47 to dismiss all actions pending on or before February 1, 2016,
48 against the state or any state agency related to juvenile
49 detention cost share. Additionally, all such counties shall
50 execute a release and waiver of any existing or future claims
51 and actions arising from detention cost share prior to the 2016
52 2017 fiscal year. The department may not seek reimbursement for
53 underpayments of cost share prior to the 2016-2017 fiscal year
54 from counties that comply with this subsection.
55 (2) As used in this section, the term:
56 (c) ”Total shared detention costs” means the amount of
57 funds expended by the department for the costs of detention care
58 for the prior fiscal year, and includes the most recent actual
59 certify forward amounts, less any funds it expends on detention
60 care for juveniles residing in fiscally constrained counties or
61 out of state.
62 (3)(a) For the 2016-2017 state fiscal year each county that
63 is not a fiscally constrained county that has taken the action
64 fulfilling the intent of this legislation as described in
65 (1)(c), shall pay to the department its annual percentage share
66 of $42.5 million. By June 1, 2016, the department shall
67 calculate and provide to each such county its annual percentage
68 share by dividing the total number of detention days for
69 juveniles residing in that county for the most recently
70 completed 12-month period by the total number of detention days
71 for juveniles in all counties that are not fiscally constrained
72 counties during the same period. Beginning July 1, 2016, each
73 county shall pay to the department its annual percentage share
74 of $42.5 million, which shall be paid in 12 equal payments due
75 on the first day of each month. The state shall pay the
76 remaining actual costs of detention care. This paragraph expires
77 June 30, 2017.
78 (b) For the 2017-2018 state fiscal year, and each fiscal
79 year thereafter, each county that is not a fiscally constrained
80 county that has taken the action fulfilling the intent of this
81 legislation as described in paragraph (1)(c), shall pay its
82 annual percentage share of 50 percent of the total shared
83 detention costs for the prior fiscal year. By July 15, 2017, and
84 each year thereafter, the department shall calculate and provide
85 to each such county its annual percentage share by dividing the
86 total number of detention days for juveniles residing in the
87 county for the most recently completed 12-month period by the
88 total number of detention days for juveniles in all counties
89 that are not fiscally constrained counties during the same
90 period. The annual percentage share of each county that is not a
91 fiscally constrained county must be multiplied by 50 percent of
92 the total shared detention costs to determine that county’s
93 share of detention costs. Beginning August 1 of each year, each
94 county shall pay to the department its share of detention costs,
95 which shall be paid in 12 equal payments due on the first day of
96 each month. The state shall pay the remaining actual costs of
97 detention care. Each county shall pay the costs of providing
98 detention care, exclusive of the costs of any preadjudicatory
99 nonmedical educational or therapeutic services and $2.5 million
100 provided for additional medical and mental health care at the
101 detention centers, for juveniles for the period of time prior to
102 final court disposition. The department shall develop an
103 accounts payable system to allocate costs that are payable by
104 the counties.
105 (4) Notwithstanding subsection (3), The state shall pay all
106 costs of detention care for juveniles residing in for which a
107 fiscally constrained county and for juveniles residing out-of
108 state would otherwise be billed. The state shall pay all costs
109 of detention care for juveniles housed in state detention
110 centers from counties that provide their own detention care for
111 juveniles.
112 (a) By October 1, 2004, the department shall develop a
113 methodology for determining the amount of each fiscally
114 constrained county’s costs of detention care for juveniles, for
115 the period of time prior to final court disposition, which must
116 be paid by the state. At a minimum, this methodology must
117 consider the difference between the amount appropriated to the
118 department for offsetting the costs associated with the
119 assignment of juvenile pretrial detention expenses to the
120 fiscally constrained county and the total estimated costs to the
121 fiscally constrained county, for the fiscal year, of detention
122 care for juveniles for the period of time prior to final court
123 disposition.
124 (b) Subject to legislative appropriation and based on the
125 methodology developed under paragraph (a), the department shall
126 provide funding to offset the costs to fiscally constrained
127 counties of detention care for juveniles for the period of time
128 prior to final court disposition. If county matching funds are
129 required by the department to eliminate the difference
130 calculated under paragraph (a) or the difference between the
131 actual costs of the fiscally constrained counties and the amount
132 appropriated in small county grants for use in mitigating such
133 costs, that match amount must be allocated proportionately among
134 all fiscally constrained counties.
135 (5) Each county that is not a fiscally constrained county
136 shall incorporate into its annual county budget sufficient funds
137 to pay its annual percentage share of the total shared detention
138 costs required under subsection (3) of detention care for
139 juveniles who reside in that county for the period of time prior
140 to final court disposition. This amount shall be based upon the
141 prior use of secure detention for juveniles who are residents of
142 that county, as calculated by the department. Each county shall
143 pay the estimated costs at the beginning of each month. Any
144 difference between the estimated costs and actual costs shall be
145 reconciled at the end of the state fiscal year.
146 (6) Funds paid by the counties to the department pursuant
147 to this section must be deposited Each county shall pay to the
148 department for deposit into the Shared County/State Juvenile
149 Detention Trust Fund its share of the county’s total costs for
150 juvenile detention, based upon calculations published by the
151 department with input from the counties.
152 (7) The department of Juvenile Justice shall determine each
153 quarter whether the counties of this state are remitting funds
154 as required to the department their share of the costs of
155 detention as required by this section.
156 (8) The Department of Revenue and the counties shall
157 provide technical assistance as necessary to the Department of
158 Juvenile Justice in order to develop the most cost-effective
159 means of collection.
160 (9)(10) This section does not apply to a any county that
161 provides detention care for preadjudicated juveniles or that
162 contracts with another county to provide detention care for
163 preadjudicated juveniles.
164 Section 2. Subsection (2) of section 985.6015, Florida
165 Statutes, is amended to read:
166 985.6015 Shared County/State Juvenile Detention Trust
167 Fund.—
168 (2) The fund is established for use as a depository for
169 funds to be used for the costs of predisposition juvenile
170 detention. Moneys credited to the trust fund shall consist of
171 funds from the counties’ share of the costs for predisposition
172 juvenile detention.
173 Section 3. Paragraph (a) of subsection (11) of section
174 985.688, Florida Statutes, is amended to read:
175 985.688 Administering county and municipal delinquency
176 programs and facilities.—
177 (11)(a) Notwithstanding the provisions of this section, a
178 county is in compliance with this section if:
179 1. The county provides the full cost for preadjudication
180 detention for juveniles;
181 2. The county authorizes the county sheriff, any other
182 county jail operator, or a contracted provider located inside or
183 outside the county to provide preadjudication detention care for
184 juveniles;
185 3. The county sheriff or other county jail operator is
186 accredited by the Florida Corrections Accreditation Commission
187 or American Correctional Association; and
188 4. The facility is inspected annually and meets the Florida
189 Model Jail Standards.
190 Section 4. Effective July 1, 2016, for the 2016-2017 fiscal
191 year, the sum of $7.3 million in recurring funds and the sum of
192 $3.5 million in nonrecurring funds is appropriated from the
193 General Revenue Fund to the Department of Juvenile Justice for
194 the purpose of implementing the amendments to s. 985.686,
195 Florida Statutes, made by this act. These funds supplement the
196 funds appropriated to the department in the 2016-2017 General
197 Appropriations Act to pay the state’s costs for juvenile
198 detention.
199 Section 5. Except as otherwise provided in this act, this
200 act shall take effect upon becoming a law.