HB 0003A

1	A bill to be entitled
2	An act relating to juvenile detention; amending s.
3	985.2155, F.S.; revising the apportionment between counties
4	and the state of certain costs of providing detention care
5	for juveniles; deleting a requirement that the Chief
6	Financial Officer withhold a portion of county funds if the
7	county remits to the state less than the amount required;
8	deleting provisions directing the Department of Juvenile
9	Justice to negotiate with other states for certain costs
10	and to pay the costs of detaining juveniles for whom no
11	state of residence is established; amending s. 3 of chapter
12	2004-263, Laws of Florida; revising the effective date of
13	such chapter; requiring the Governor to adjust the approved
14	operating budget for the Department of Juvenile Justice;
15	providing legislative findings relating to sanctions and
16	services provided for juveniles who are alleged to have
17	committed a violation of law; providing that the act
18	fulfills an important state interest; providing an
19	appropriation; providing effective dates.
20
21	WHEREAS, the Legislature finds that the responsibility of
22	counties for juveniles who are alleged to have committed
23	delinquent acts should begin at the point of referral and end at
24	the time of adjudication and that the state's responsibility
25	should begin at the time of adjudication, and
26	WHEREAS, the Legislature finds that expansion of the use of
27	current residential resources to allow delinquent juveniles to
28	be committed to less restrictive, less intensive, and short-term
29	commitments is an option that needs to be further addressed, and
30	WHEREAS, the Legislature acknowledges the need to address
31	the discretion of judges in determining the level and type of
32	restrictiveness of placements for delinquent juveniles, and
33	WHEREAS, the Legislature desires to clarify the roles and
34	responsibilities of counties and the state with respect to the
35	care of juvenile offenders, NOW, THEREFORE,
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1.  Effective July 1, 2005, subsections (3), (7),
40	(9), (10), and (11) of section 985.2155, Florida Statutes, are
41	amended to read:
42	985.2155  Shared county and state responsibility for
43	juvenile detention.--
44	(3)  Each county or the state shall pay the costs of
45	incurred by the county in providing detention care, exclusive of
46	the costs of any preadjudicatory nonmedical educational or
47	preadjudicatory therapeutic services, for juveniles for the
48	period of time prior to final court disposition. The department
49	shall develop an accounts payable system to allocate costs that
50	are payable by the counties.
51	(7)  The Department of Juvenile Justice shall determine
52	each quarter whether the counties of this state are remitting to
53	the department their share of the costs of detention as required
54	by this section. If the Department of Juvenile Justice
55	determines that any county is remitting less than the amount
56	required, the Chief Financial Officer shall withhold from such
57	county a portion of any state funds to which the county may be
58	entitled equal to the difference of the amount remitted and the
59	amount required to be remitted.
60	(9)(a)  For juveniles who reside in other states, the
61	department shall negotiate with those states for the payment of
62	the costs of detention care for the period of time prior to the
63	final court disposition.
64	(b)  For juveniles for whom no state of residence is
65	established, the department shall pay from state funds the costs
66	of detention care for the period of time prior to final
67	disposition.
68	(9)(10)  Funds received from counties and from other states
69	pursuant to this section are not subject to the service charges
70	provided in s. 215.20.
71	(10)(11)  The department may adopt rules to administer this
72	section.
73	Section 2.  Section 3 of chapter 2004-263, Laws of Florida,
74	is amended to read:
75	Section 3.  This act shall take effect July 1, 2005 October
76	1, 2004.
77	Section 3.  The Governor shall, by January 15, 2005, adjust
78	the approved operating budget for the Department of Juvenile
79	Justice in order to reverse budget amendment EOG #0305, which
80	was approved by the Legislative Budget Commission on December 2,
81	2004.
82	Section 4.  The Legislature finds that laws related to the
83	provision and funding of sanctions and services provided to
84	juveniles who are alleged to have committed a violation of law
85	are an inherent and necessary component of the criminal laws of
86	this state. Therefore, pursuant to the authority granted by
87	Section 18(e) of Article VII of the State Constitution, this act
88	shall be considered a criminal law for purposes of implementing
89	and enforcing Section 18(d) of Article VII of the State
90	Constitution.
91	Section 5.  The Legislature determines and declares that
92	this act fulfills an important state interest.
93	Section 6.  The sum of $65,146,936 in nonrecurring funds is
94	appropriated in lump sum from the General Revenue Fund to the
95	Department of Juvenile Justice for the 2004-2005 fiscal year for
96	the purpose of operating juvenile detention centers and to
97	restore any moneys transferred from other appropriations, or
98	received from counties pursuant to s. 985.2155, Florida
99	Statutes, in order to meet the current costs of operating
100	juvenile detention centers.
101	Section 7.  Except as otherwise provided herein, this act
102	shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.