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A bill to be entitled

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An act relating to the shared county and state fiscal

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responsibility for juvenile detention; amending s.

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985.686, F.S.; defining the term "final court disposition"

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for the purpose of determining the costs of juvenile

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detention; requiring the Department of Juvenile Justice to

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pay certain specified costs associated with youth who are

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in a detention center and awaiting placement in a juvenile

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justice residential facility; requiring each county to pay

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to the department the county's share of the county's total

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costs for juvenile detention for deposit into the Shared

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County-State Juvenile Detention Trust Fund; removing the

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requirement for the Department of Revenue to provide

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technical assistance to the Department of Juvenile  

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Justice for collecting the county's share of the county's

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total costs for juvenile detention; providing an effective

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date.

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

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     Section 1.  Section 985.686, Florida Statutes, is amended to

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read:

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     985.686  Shared county and state responsibility for juvenile

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detention.--

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     (1)  It is the policy of this state that the state and the

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counties have a joint obligation, as provided in this section, to

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contribute to the financial support of the detention care

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provided for juveniles.

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     (2)  As used in this section, the term:

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     (a)  "Detention care" means secure detention.

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     (b) "Final court disposition" means the order of the court

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disposing of a delinquent charge which results in a youth being

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committed to the department or the order of the court which

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results in the release of a youth who is in detention care at the

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time of the order. The order refers to the day it is pronounced

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by the court, not the date it is reduced to writing.

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     (c)(b) "Fiscally constrained county" means a county within

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a rural area of critical economic concern as designated by the

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Governor pursuant to s. 288.0656 or each county for which the

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value of a mill will raise no more than $5 million in revenue,

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based on the certified school taxable value certified pursuant to

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s. 1011.62(4)(a)1.a., from the previous July 1.

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     (3)  Each county shall pay the costs of providing detention

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care, exclusive of the costs of any preadjudicatory nonmedical

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educational or therapeutic services and $2.5 million provided for

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additional medical and mental health care at the detention

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centers, for juveniles for the period of time prior to final

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court disposition. The state shall pay the costs of providing

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detention care for juveniles for the period of time after the

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final court disposition. The department shall develop an accounts

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payable system to allocate costs that are payable by the

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counties.

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     (4)  Notwithstanding subsection (3), the state shall pay all

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costs of detention care for juveniles for which a fiscally

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constrained county would otherwise be billed. The state shall pay

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all costs of detention care for juveniles who were not residing

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in the state at the time the offense for which they are detained

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was committed.

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     (a)  By October 1, 2004, the department shall develop a

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methodology for determining the amount of each fiscally

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constrained county's costs of detention care for juveniles, for

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the period of time prior to final court disposition for a

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violation of law and for the period of time in secure detention

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where no subsequent charges are filed, which must be paid by the

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state. At a minimum, this methodology must consider the

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difference between the amount appropriated to the department for

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offsetting the costs associated with the assignment of juvenile

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pretrial detention expenses to the fiscally constrained county

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and the total estimated costs to the fiscally constrained county,

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for the fiscal year, of detention care for juveniles for the

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period of time prior to final court disposition.

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     (b)  Subject to legislative appropriation and based on the

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methodology developed under paragraph (a), the department shall

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provide funding to offset the costs to fiscally constrained

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counties of detention care for juveniles for the period of time

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prior to final court disposition for a violation of law and for

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the period of time in secure detention where no subsequent

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charges are filed. If county matching funds are required by the

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department to eliminate the difference calculated under paragraph

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(a) or the difference between the actual costs of the fiscally

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constrained counties and the amount appropriated in small county

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grants for use in mitigating such costs, that match amount must

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be allocated proportionately among all fiscally constrained

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counties.

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     (5)  Each county shall incorporate into its annual county

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budget sufficient funds to pay its costs of detention care for

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juveniles who reside in that county for the period of time prior

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to final court disposition for a violation of law and for the

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period of time in secure detention where no later charges are

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filed. This amount shall be based upon the prior use of secure

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detention for juveniles who are residents of that county, as

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calculated by the department. Each county shall pay the estimated

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costs at the beginning of each month. Any difference between the

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estimated costs and actual costs shall be reconciled at the end

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of the state fiscal year.

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     (6)  Each county shall pay to the department for deposit

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into the Shared County-State Juvenile Detention Juvenile Justice

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Grants and Donations Trust Fund its share of the county's total

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costs for juvenile detention, based upon calculations published

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by the department with input from the counties.

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     (7)  The Department of Juvenile Justice shall determine each

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quarter whether the counties of this state are remitting to the

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department their share of the costs of detention as required by

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this section.

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     (8) The Department of Revenue and the counties shall

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provide technical assistance as necessary to the Department of

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Juvenile Justice in order to develop the most cost-effective

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means of collection.

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     (8)(9) Funds received from counties pursuant to this

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section are not subject to the service charges provided in s.

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215.20.

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     (9)(10) The department may adopt rules to administer this

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section.

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     Section 2.  This act shall take effect upon becoming a law.