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