Senate Bill sb0004A

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    Florida Senate - 2004                                   SB 4-A

    By Senator Crist





    41-503D-05

  1                      A bill to be entitled

  2         An act relating to juvenile detention; amending

  3         s. 985.2155, F.S.; revising the apportionment

  4         of certain costs between counties and the state

  5         of providing detention care for juveniles;

  6         deleting a requirement that the Chief Financial

  7         Officer withhold a portion of county funds if

  8         the county remits to the state less than the

  9         amount required; deleting provisions directing

10         the Department of Juvenile Justice to negotiate

11         with other states for certain costs and to pay

12         the costs of detaining juveniles for whom no

13         state of residence is established; amending s.

14         3 of chapter 2004-263, Laws of Florida;

15         revising the effective date of chapter

16         2004-263, Laws of Florida, which has already

17         occurred; providing an appropriation; requiring

18         the Governor to adjust the approved operating

19         budget for the Department of Juvenile Justice;

20         providing legislative findings that the

21         sanctions and services provided for juveniles

22         who are alleged to have committed a violation

23         of law are a necessary component of the

24         criminal laws of the state and shall be

25         considered as such for purposes of s. 18(d),

26         Art. VII of the State Constitution; providing

27         that the act fulfills an important state

28         interest; providing effective dates.

29  

30         WHEREAS, the Legislature finds that the responsibility

31  of counties for juveniles who are alleged to have committed

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    Florida Senate - 2004                                   SB 4-A
    41-503D-05




 1  delinquent acts should begin at the point of referral and end

 2  at the time of adjudication, and that the state's

 3  responsibility should begin at the time of adjudication, and

 4         WHEREAS, the Legislature finds that expansion of the

 5  use of current residential resources to allow delinquent

 6  juveniles to be committed to less restrictive, less intensive,

 7  and short-term commitments is an option that needs to be

 8  further addressed, and

 9         WHEREAS, the Legislature acknowledges the need to

10  address the discretion of judges in determining the level and

11  type of restrictiveness of placements for delinquent

12  juveniles, and

13         WHEREAS, the Legislature desires to clarify the roles

14  and responsibilities of counties and the state with respect to

15  the care of juvenile offenders, NOW, THEREFORE,

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Effective July 1, 2005, subsections (3),

20  (7), (9), (10), and (11) of section 985.2155, Florida

21  Statutes, are amended to read:

22         985.2155  Shared county and state responsibility for

23  juvenile detention.--

24         (3)  Each county or the state shall pay the costs of

25  incurred by the county in providing detention care, exclusive

26  of the costs of any preadjudicatory nonmedical educational or

27  therapeutic services, for juveniles for the period of time

28  prior to final court disposition. The department shall develop

29  an accounts payable system to allocate costs that are payable

30  by the counties.

31  

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    Florida Senate - 2004                                   SB 4-A
    41-503D-05




 1         (7)  The Department of Juvenile Justice shall determine

 2  each quarter whether the counties of this state are remitting

 3  to the department their share of the costs of detention as

 4  required by this section. If the Department of Juvenile

 5  Justice determines that any county is remitting less than the

 6  amount required, the Chief Financial Officer shall withhold

 7  from such county a portion of any state funds to which the

 8  county may be entitled equal to the difference of the amount

 9  remitted and the amount required to be remitted.

10         (9)(a)  For juveniles who reside in other states, the

11  department shall negotiate with those states for the payment

12  of the costs of detention care for the period of time prior to

13  the final court disposition.

14         (b)  For juveniles for whom no state of residence is

15  established, the department shall pay from state funds the

16  costs of detention care for the period of time prior to final

17  disposition.

18         (9)(10)  Funds received from counties and from other

19  states pursuant to this section are not subject to the service

20  charges provided in s. 215.20.

21         (10)(11)  The department may adopt rules to administer

22  this section.

23         Section 2.  Section 3 of chapter 2004-263, Laws of

24  Florida, is amended to read:

25         Section 3.  This act shall take effect July 1, 2005

26  October 1, 2004.

27         Section 3.  The sum of $65,146,936 in nonrecurring

28  funds is appropriated in lump sum from the General Revenue

29  Fund to the Department of Juvenile Justice for the 2004-2005

30  fiscal year for the purpose of operating juvenile detention

31  centers and to restore any moneys transferred from other

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    Florida Senate - 2004                                   SB 4-A
    41-503D-05




 1  appropriations, or received from counties pursuant to section

 2  985.2155, Florida Statutes, in order to meet the current costs

 3  of operating juvenile detention centers.

 4         Section 4.  The Governor shall, by January 15, 2005,

 5  adjust the approved operating budget for the Department of

 6  Juvenile Justice in order to reverse budget amendment EOG

 7  #0305, which was approved by the Legislative Budget Commission

 8  on December 2, 2004.

 9         Section 5.  The Legislature finds that laws related to

10  the provision and funding of sanctions and services provided

11  to juveniles who are alleged to have committed a violation of

12  law are an inherent and necessary component of the criminal

13  laws of this state. Therefore, pursuant to the authority

14  granted by Section 18(e) of Article VII of the State

15  Constitution, this act shall be considered a criminal law for

16  purposes of implementing and enforcing Section 18(d) of

17  Article VII of the State Constitution.

18         Section 6.  The Legislature determines and declares

19  that this act fulfills an important state interest.

20         Section 7.  This act shall take effect upon becoming a

21  law.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Revises the manner in which the costs of providing
      juvenile detention care is apportioned between the
26    counties and the state. Removes provisions requiring the
      Chief Financial Officer to withhold certain county funds.
27    Revises other duties of the Department of Juvenile
      Justice with respect to detention care for nonresident
28    juveniles. Changes the effective date of chapter
      2004-263, Laws of Florida, from October 1, 2004, to July
29    1, 2005. Requires the Governor to adjust the department's
      approved operating budget. (See bill for details.)
30  

31  

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