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