ENROLLED 2016 Legislature CS for SB 1322, 2nd Engrossed 20161322er 1 2 An act relating to juvenile detention costs; creating 3 s. 985.6865, F.S.; providing legislative findings and 4 intent; defining terms; requiring certain counties 5 that are not fiscally constrained counties to each pay 6 to the Department of Juvenile Justice its annual 7 percentage share of specified amounts for specified 8 fiscal years; requiring such counties to pay its 9 annual percentage share of the specified amounts in 12 10 equal payments beginning on a specified date; creating 11 the methodology by which the department determines the 12 percentage share for each county; providing an 13 expiration date; requiring the state to pay all costs 14 of detention care for juveniles residing in a fiscally 15 constrained county, residing out of state, and 16 residing in state detention centers in counties that 17 provide their own detention care for juveniles; 18 requiring a county that is not fiscally constrained 19 county to incorporate into its annual budget 20 sufficient funds to pay its annual percentage share; 21 requiring certain funds to be deposited into the 22 Shared County/State Juvenile Detention Trust Fund; 23 requiring the department to determine certain 24 compliance on a quarterly basis; exempting certain 25 funds collected from specified service charges; 26 providing rulemaking; amending ss. 985.6015 and 27 985.688, F.S.; conforming provisions to changes made 28 by the act; providing appropriations; providing 29 effective dates. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Section 985.6865, Florida Statutes, is created 34 to read: 35 985.6865 Juvenile detention.— 36 (1) The Legislature finds that various counties and the 37 Department of Juvenile Justice have engaged in a multitude of 38 legal proceedings regarding detention cost sharing for 39 juveniles. Such litigation has largely focused on how the 40 Department of Juvenile Justice calculates the detention costs 41 that the counties are responsible for paying, leading to the 42 overbilling of counties for a period of years. Additionally, 43 litigation pending in 2016 is a financial burden on the 44 taxpayers of this state. 45 (2) It is the intent of the Legislature that all counties 46 that are not fiscally constrained counties and that have pending 47 administrative or judicial claims or challenges file a notice of 48 voluntary dismissal with prejudice to dismiss all actions 49 pending on or before February 1, 2016, against the state or any 50 state agency related to juvenile detention cost sharing. 51 Furthermore, all counties that are not fiscally constrained 52 shall execute a release and waiver of any existing or future 53 claims and actions arising from detention cost share prior to 54 the 2016-2017 fiscal year. The department may not seek 55 reimbursement from counties complying with this subsection for 56 any underpayment for any cost-sharing requirements before the 57 2016-2017 fiscal year. 58 (3) As used in this section, the term: 59 (a) “Detention care” means secure detention and respite 60 beds for juveniles charged with a domestic violence crime. 61 (b) “Fiscally constrained county” means a county within a 62 rural area of opportunity as designated by the Governor pursuant 63 to s. 288.0656 or each county for which the value of a mill will 64 raise no more than $5 million in revenue, based on the certified 65 school taxable value certified pursuant to s. 1011.62(4)(a)1.a., 66 from the previous July 1. 67 (c) “Total shared detention costs” means the amount of 68 funds expended by the department for the costs of detention care 69 for the prior fiscal year. This amount includes the most recent 70 actual certify forward amounts minus any funds it expends on 71 detention care for juveniles residing in fiscally constrained 72 counties or out of state. 73 (4)(a) Notwithstanding s. 985.686 and for the 2016-2017 74 state fiscal year, each county that is not a fiscally 75 constrained county that has taken the action fulfilling the 76 intent of this legislation as described in subsection (2) shall 77 pay to the department its annual percentage share of $42.5 78 million. By June 1, 2016, the department shall calculate and 79 provide to each county that is not a fiscally constrained county 80 its annual percentage share by dividing the total number of 81 detention days for juveniles residing in that county for the 82 most recently completed 12-month period by the total number of 83 detention days for juveniles in all counties that are not 84 fiscally constrained counties during the same period. Beginning 85 July 1, 2016, each such county shall pay to the department its 86 annual percentage share of $42.5 million, which shall be paid in 87 12 equal payments due on the first day of each month. The state 88 shall pay the remaining actual costs of detention care. This 89 paragraph expires June 30, 2017. 90 (b) Notwithstanding s. 985.686, for the 2017-2018 fiscal 91 year, and each fiscal year thereafter, each county that is not a 92 fiscally constrained county and that has taken the action 93 fulfilling the intent of this section as described in subsection 94 (2) shall pay its annual percentage share of 50 percent of the 95 total shared detention costs. By July 15, 2017, and each year 96 thereafter, the department shall calculate and provide to each 97 county that is not a fiscally constrained county its annual 98 percentage share by dividing the total number of detention days 99 for juveniles residing in the county for the most recently 100 completed 12-month period by the total number of detention days 101 for juveniles in all counties that are not fiscally constrained 102 counties during the same period. The annual percentage share of 103 each county that is not a fiscally constrained county must be 104 multiplied by 50 percent of the total shared detention costs to 105 determine that county’s share of detention costs. Beginning 106 August 1, each such county shall pay to the department its share 107 of detention costs, which shall be paid in 12 equal payments due 108 on the first day of each month. The state shall pay the 109 remaining actual costs of detention care. 110 (5) The state shall pay all costs of detention care for 111 juveniles residing in a fiscally constrained county and for 112 juveniles residing out of state. The state shall pay all costs 113 of detention care for juveniles housed in state detention 114 centers from counties that provide their own detention care for 115 juveniles. 116 (6) Each county that is not a fiscally constrained county 117 and that has taken the action fulfilling the intent of this 118 section as described in subsection (2) shall incorporate into 119 its annual county budget sufficient funds to pay its annual 120 percentage share of the total shared detention costs required by 121 subsection (4). 122 (7) Funds paid by the counties to the department pursuant 123 to this section must be deposited into the Shared County/State 124 Juvenile Detention Trust Fund. 125 (8) The department shall determine each quarter whether the 126 counties are remitting funds as required by this section. 127 (9) Funds received from counties pursuant to this section 128 are not subject to the service charges provided in s. 215.20. 129 (10) The department may adopt rules to administer this 130 section. 131 Section 2. Subsection (2) of section 985.6015, Florida 132 Statutes, is amended to read: 133 985.6015 Shared County/State Juvenile Detention Trust 134 Fund.— 135 (2) The fund is established for use as a depository for 136 funds to be used for the costs ofpredispositionjuvenile 137 detention. Moneys credited to the trust fund shall consist of 138 funds from the counties’ share of the costs forpredisposition139 juvenile detention. 140 Section 3. Paragraph (a) of subsection (11) of section 141 985.688, Florida Statutes, is amended to read: 142 985.688 Administering county and municipal delinquency 143 programs and facilities.— 144 (11)(a) Notwithstanding the provisions of this section, a 145 county is in compliance with this section if: 146 1. The county provides the full cost forpreadjudication147 detention for juveniles; 148 2. The county authorizes the county sheriff, any other 149 county jail operator, or a contracted provider located inside or 150 outside the county to providepreadjudicationdetention care for 151 juveniles; 152 3. The county sheriff or other county jail operator is 153 accredited by the Florida Corrections Accreditation Commission 154 or American Correctional Association; and 155 4. The facility is inspected annually and meets the Florida 156 Model Jail Standards. 157 Section 4. Effective July 1, 2016, for the 2016-2017 fiscal 158 year, the sum of $7.3 million in recurring funds and the sum of 159 $3.5 million in nonrecurring funds is appropriated from the 160 General Revenue Fund to the Department of Juvenile Justice for 161 the purpose of implementing s. 985.6865, Florida Statutes, as 162 created by this act. These funds supplement the funds 163 appropriated to the department in the 2016-2017 General 164 Appropriations Act to pay the state’s costs for juvenile 165 detention. 166 Section 5. Except as otherwise provided in this act, this 167 act shall take effect upon becoming a law.