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

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