CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 2564
Amendment No. 1 Barcode 512988
CHAMBER ACTION
Senate House
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11 The Conference Committee on CS for SB 2564 recommended the
12 following amendment:
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14 Conference Committee Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 985.2155, Florida Statutes, is
19 created to read:
20 985.2155 Shared county and state responsibility for
21 juvenile detention.--
22 (1) It is the policy of this state that the state and
23 the counties have a joint obligation, as provided in this
24 section, to contribute to the financial support of the
25 detention care provided for juveniles.
26 (2) As used in this section, the term:
27 (a) "Detention care" means secure detention.
28 (b) "Fiscally constrained county" means a county
29 designated as a rural area of critical economic concern under
30 s. 288.0656 for which the value of a mill in the county is no
31 more than $3 million, based on the property valuations and tax
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CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 2564
Amendment No. 1 Barcode 512988
1 data annually published by the Department of Revenue under s.
2 195.052.
3 (3) Each county or the state shall pay the costs
4 incurred by the county in providing detention care for
5 juveniles for the period of time prior to final court
6 disposition. The department shall develop an accounts payable
7 system to allocate costs that are payable by the counties.
8 (4) Notwithstanding subsection (3), the state shall
9 pay all costs of detention care for juveniles for which a
10 fiscally constrained county would otherwise be billed.
11 (a) By October 1, 2004, the department shall develop a
12 methodology for determining the amount of each fiscally
13 constrained county's costs of detention care for juveniles,
14 for the period of time prior to final court disposition, which
15 must be paid by the state. At a minimum, this methodology must
16 consider the difference between the amount appropriated to the
17 department for offsetting the costs associated with the
18 assignment of juvenile pretrial detention expenses to the
19 fiscally constrained county and the total estimated costs to
20 the fiscally constrained county, for the fiscal year, of
21 detention care for juveniles for the period of time prior to
22 final court disposition.
23 (b) Subject to legislative appropriation and based on
24 the methodology developed under paragraph (a), the department
25 shall provide funding to offset the costs to fiscally
26 constrained counties of detention care for juveniles for the
27 period of time prior to final court disposition. If county
28 matching funds are required by the department to eliminate the
29 difference calculated under paragraph (a) or the difference
30 between the actual costs of the fiscally constrained counties
31 and the amount appropriated in small county grants for use in
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CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 2564
Amendment No. 1 Barcode 512988
1 mitigating such costs, that match amount must be allocated
2 proportionately among all fiscally constrained counties.
3 (5) Each county shall incorporate into its annual
4 county budget sufficient funds to pay its costs of detention
5 care for juveniles who reside in that county for the period of
6 time prior to final court disposition. This amount shall be
7 based upon the prior use of secure detention for juveniles who
8 are residents of that county, as calculated by the department.
9 Each county shall pay the estimated costs at the beginning of
10 each month. Any difference between the estimated costs and
11 actual costs shall be reconciled at the end of the state
12 fiscal year.
13 (6) Each county shall pay to the department for
14 deposit into the Juvenile Justice Grants and Donations Trust
15 Fund its share of the county's total costs for juvenile
16 detention, based upon calculations published by the department
17 with input from the counties.
18 (7) The Department of Juvenile Justice shall determine
19 each quarter whether the counties of this state are remitting
20 to the department their share of the costs of detention as
21 required by this section. If the Department of Juvenile
22 Justice determines that any county is remitting less than the
23 amount required, the Chief Financial Officer shall withhold
24 from such county a portion of any state funds to which the
25 county may be entitled equal to the difference of the amount
26 remitted and the amount required to be remitted.
27 (8) The Department of Revenue and the counties shall
28 provide technical assistance as necessary to the Department of
29 Juvenile Justice in order to develop the most cost-effective
30 means of collection.
31 (9)(a) For juveniles who reside in other states, the
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CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 2564
Amendment No. 1 Barcode 512988
1 department shall negotiate with those states for the payment
2 of the costs of detention care for the period of time prior to
3 the final court disposition.
4 (b) For juveniles for whom no state of residence is
5 established, the department shall pay from state funds the
6 costs of detention care for the period of time prior to final
7 disposition.
8 (10) Funds received from counties and from other
9 states pursuant to this section are not subject to the service
10 charges provided in s. 215.20.
11 (11) The department may adopt rules to administer this
12 section.
13 Section 2. The Legislature determines and declares
14 that this act fulfills an important state interest.
15 Section 3. This act shall take effect October 1, 2004.
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19 And the title is amended as follows:
20 Delete everything before the enacting clause
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22 and insert:
23 A bill to be entitled
24 An act relating to shared county and state
25 responsibility for juvenile detention; creating
26 s. 985.2155, F.S.; providing that it is the
27 policy of the state that the state and counties
28 have a joint obligation to financially support
29 the detention care provided for juveniles;
30 providing definitions; requiring that a county
31 pay the costs of the Department of Juvenile
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CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 2564
Amendment No. 1 Barcode 512988
1 Justice in providing detention care to
2 juveniles unless the county is a fiscally
3 constrained county; requiring the department to
4 develop a methodology for determining the
5 amount to be paid by such counties; providing a
6 payment process; requiring the Chief Financial
7 Officer to withhold funds if a county fails to
8 remit the required amount to the Department of
9 Juvenile Justice; requiring the department to
10 negotiate for payment from other states for
11 costs incurred by juveniles who reside out of
12 state; requiring the department to pay the
13 detention costs for juveniles who do not have a
14 state of residence; exempting funds received by
15 the department in payment of the detention
16 expenses of juveniles from certain service
17 charges; authorizing the Department of Juvenile
18 Justice to adopt rules; providing that the act
19 fulfills an important state interest; providing
20 an effective date.
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