Florida Senate - 2015                                    SB 1414
       
       
        
       By Senator Bradley
       
       
       
       
       
       7-01269B-15                                           20151414__
    1                        A bill to be entitled                      
    2         An act relating to juvenile detention costs; amending
    3         s. 985.686, F.S.; defining “actual cost”; revising the
    4         responsibilities of specified counties and the state
    5         relating to paying for juvenile detention care;
    6         requiring the Department of Juvenile Justice to make
    7         certain determinations and then provide usage and cost
    8         information to certain counties; deleting a provision
    9         requiring a county to make a certain payment to the
   10         department; deleting a provision requiring the
   11         Department of Revenue and a county to provide certain
   12         assistance to the Department of Juvenile Justice;
   13         deleting obsolete provisions; providing an effective
   14         date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 985.686, Florida Statutes, is amended to
   19  read:
   20         985.686 Shared county and state responsibility for juvenile
   21  detention.—
   22         (1) It is the policy of this state that the state and the
   23  counties have a joint obligation, as provided in this section,
   24  to contribute to the financial support of the detention care
   25  provided for juveniles.
   26         (2) As used in this section, the term:
   27         (a) “Actual cost” means the funds that the department
   28  expends for providing detention care less any funds that it
   29  receives from the Grants and Donations Trust Fund and the
   30  Federal Grants Trust Fund.
   31         (b)(a) “Detention care” means secure detention and respite
   32  beds for juveniles charged with a domestic violence crime.
   33         (c)(b) “Fiscally constrained county” means a county within
   34  a rural area of opportunity as designated by the Governor
   35  pursuant to s. 288.0656 or each county for which the value of a
   36  mill will raise no more than $5 million in revenue, based on the
   37  certified school taxable value certified pursuant to s.
   38  1011.62(4)(a)1.a., from the previous July 1.
   39         (3)(a) Each county that is not a fiscally constrained
   40  county shall pay its share of the total actual costs of
   41  providing detention care as determined by the department
   42  pursuant to subsection (5), exclusive of the costs of any
   43  preadjudicatory nonmedical educational or therapeutic services
   44  and $2.5 million provided for additional medical and mental
   45  health care at the detention centers, 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         (b)The state shall pay:
   50         1. Forty percent of the actual costs of providing detention
   51  care as determined by the department pursuant to subsection (5);
   52         2. The actual costs of detention care for fiscally
   53  constrained counties in the manner described in subsection (4);
   54  and
   55         3.The actual costs of providing detention care for
   56  juveniles residing out of state.
   57         (4) Notwithstanding subsection (3), the state shall pay all
   58  costs of detention care for juveniles for which a fiscally
   59  constrained county would otherwise be billed.
   60         (a) By October 1, 2004, the department shall develop a
   61  methodology for determining the amount of each fiscally
   62  constrained county’s costs of detention care for juveniles, for
   63  the period of time prior to final court disposition, which must
   64  be paid by the state. At a minimum, this methodology must
   65  consider the difference between the amount appropriated to the
   66  department for offsetting the costs associated with the
   67  assignment of juvenile pretrial detention expenses to the
   68  fiscally constrained county and the total estimated costs to the
   69  fiscally constrained county, for the fiscal year, of detention
   70  care for juveniles for the period of time prior to final court
   71  disposition.
   72         (b) Subject to legislative appropriation and based on the
   73  methodology developed under paragraph (a), the department shall
   74  provide funding to offset the costs to fiscally constrained
   75  counties of detention care for juveniles for the period of time
   76  prior to final court disposition. If county matching funds are
   77  required by the department to eliminate the difference
   78  calculated under paragraph (a) or the difference between the
   79  actual costs of the fiscally constrained counties and the amount
   80  appropriated in small county grants for use in mitigating such
   81  costs, that match amount must be allocated proportionately among
   82  all fiscally constrained counties.
   83         (5) Each county that is a nonfiscally constrained county
   84  shall incorporate into its annual county budget sufficient funds
   85  to pay its share of the actual costs of detention care for
   86  juveniles who reside resided in that county for the most
   87  recently completed fiscal year the period of time prior to final
   88  court disposition. This amount shall be based upon the prior use
   89  of secure detention for juveniles who are residents of that
   90  county, as calculated by the department. Each county shall pay
   91  the estimated costs at the beginning of each month. Any
   92  difference between the estimated costs and actual costs shall be
   93  reconciled at the end of the state fiscal year.
   94         (a) The department shall determine the actual costs of
   95  detention care after the certified forward period has ended and
   96  the number of detention days used by each county at the end of
   97  each fiscal year.
   98         (b) The department shall inform each nonfiscally
   99  constrained county of the county’s percentage of detention use
  100  and of the amount of the county’s share of the actual costs of
  101  detention care for the most recently completed state fiscal
  102  year. Each nonfiscally constrained county shall pay the
  103  department one-twelfth of its share of actual costs for the most
  104  recently completed state fiscal year by the first day of each
  105  month, beginning on July 1 of the year following receipt of the
  106  information.
  107         (c) The department shall calculate a nonfiscally
  108  constrained county’s percentage of detention use by dividing the
  109  total number of detention days for juveniles residing in the
  110  county during the most recently completed state fiscal year by
  111  the total number of detention days for all juveniles residing in
  112  nonfiscally constrained counties for the most recently completed
  113  state fiscal year.
  114         (d) The department shall calculate each nonfiscally
  115  constrained county’s share of actual costs by multiplying the
  116  county’s percentage of detention usage by 60 percent of the
  117  total actual cost of detention care for all nonfiscally
  118  constrained counties.
  119         (6) Each county shall pay to the department for deposit
  120  into the Shared County/State Juvenile Detention Trust Fund its
  121  share of the county’s total costs for juvenile detention, based
  122  upon calculations published by the department with input from
  123  the counties.
  124         (6)(7) The department Department of Juvenile Justice shall
  125  determine each quarter whether the counties of this state are
  126  remitting to the department their share of the costs of
  127  detention as required by this section.
  128         (8) The Department of Revenue and the counties shall
  129  provide technical assistance as necessary to the Department of
  130  Juvenile Justice in order to develop the most cost-effective
  131  means of collection.
  132         (7)(9) Funds received from counties pursuant to this
  133  section are not subject to the service charges provided in s.
  134  215.20.
  135         (8)(10) This section does not apply to any county that
  136  provides detention care for preadjudicated juveniles or that
  137  contracts with another county to provide detention care for
  138  preadjudicated juveniles.
  139         (9)(11) The department may adopt rules to administer this
  140  section.
  141         Section 2. This act shall take effect July 1, 2015.