Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 700
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             03/09/2020 02:49 PM       .                                

       Senator Brandes moved the following:
    1         Senate Amendment (with title amendment)
    3         Before line 11
    4  insert:
    5         Section 1. Subsections (2) and (3) of section 20.316,
    6  Florida Statutes, are amended to read:
    7         20.316 Department of Juvenile Justice.—There is created a
    8  Department of Juvenile Justice.
    9         (2) DEPARTMENT PROGRAMS.—The following programs are
   10  established within the Department of Juvenile Justice:
   11         (a)Accountability and Program Support.
   12         (d)(a) Prevention and Victim Services.
   13         (c)(b) Intake and Detention.
   14         (f)(c) Residential and Correctional Facilities.
   15         (e)(d) Probation and Community Corrections.
   16         (b)(e) Administration.
   18  The secretary may establish assistant secretary positions and a
   19  chief of staff position as necessary to administer the
   20  requirements of this section.
   21         (3) JUVENILE JUSTICE OPERATING CIRCUITS.—The department
   22  shall plan and administer its programs through a substate
   23  structure that conforms to the boundaries of the judicial
   24  circuits prescribed in s. 26.021. A county may seek placement in
   25  a juvenile justice operating circuit other than as prescribed in
   26  s. 26.021 for participation in the Prevention and Victim
   27  Services Program and the Probation and Community Corrections
   28  Program by making a request of the chief circuit judge in each
   29  judicial circuit affected by such request. Upon a showing that
   30  geographic proximity, community identity, or other legitimate
   31  concern for efficiency of operations merits alternative
   32  placement, each affected chief circuit judge may authorize the
   33  execution of an interagency agreement specifying the alternative
   34  juvenile justice operating circuit in which the county is to be
   35  placed and the basis for the alternative placement. Upon the
   36  execution of said interagency agreement by each affected chief
   37  circuit judge, the secretary may administratively place a county
   38  in an alternative juvenile justice operating circuit pursuant to
   39  the agreement.
   40         Section 2. Section 985.686, Florida Statutes, is repealed.
   41         Section 3. Subsections (1) through (4) and (6) of section
   42  985.6865, Florida Statutes, are amended to read:
   43         985.6865 Juvenile detention.—
   44         (1) The Legislature finds that various counties and the
   45  Department of Juvenile Justice have engaged in a multitude of
   46  legal proceedings regarding detention cost sharing for
   47  juveniles. Such litigation has largely focused on how the
   48  Department of Juvenile Justice calculates the detention costs
   49  that the counties are responsible for paying, leading to the
   50  overbilling of counties for a period of years. Additionally,
   51  litigation pending in 2016 is a financial burden on the
   52  taxpayers of this state.
   53         (2) It is the intent of the Legislature that all counties
   54  that are not fiscally constrained counties and that have pending
   55  administrative or judicial claims or challenges file a notice of
   56  voluntary dismissal with prejudice to dismiss all actions
   57  pending on or before February 1, 2016, against the state or any
   58  state agency related to juvenile detention cost sharing.
   59  Furthermore, all counties that are not fiscally constrained
   60  shall execute a release and waiver of any existing or future
   61  claims and actions arising from detention cost share prior to
   62  the 2016-2017 fiscal year. The department may not seek
   63  reimbursement from counties complying with this subsection for
   64  any underpayment for any cost-sharing requirements before the
   65  2016-2017 fiscal year.
   66         (1)(3) As used in this section, the term:
   67         (a) “Detention care” means secure detention and respite
   68  beds for juveniles charged with a domestic violence crime.
   69         (b) “Fiscally constrained county” means a county within a
   70  rural area of opportunity as designated by the Governor pursuant
   71  to s. 288.0656 or each county for which the value of a mill will
   72  raise no more than $5 million in revenue, based on the certified
   73  school taxable value certified pursuant to s. 1011.62(4)(a)1.a.,
   74  from the previous July 1.
   75         (c) “Total shared detention costs” means the amount of
   76  funds expended by the department for the costs of detention care
   77  for the prior fiscal year. This amount includes the most recent
   78  actual certify forward amounts minus any funds it expends on
   79  detention care for juveniles residing in fiscally constrained
   80  counties or out of state.
   81         (2)(4)Notwithstanding s. 985.686, for the 2017-2018 fiscal
   82  year, and each fiscal year thereafter, each county that is not a
   83  fiscally constrained county and that has taken the action
   84  fulfilling the intent of this section as described in subsection
   85  (2) shall pay its annual percentage share of 50 percent of the
   86  total shared detention costs. Annually by July 15, 2017, and
   87  each year thereafter, the department shall calculate and provide
   88  to each county that is not a fiscally constrained county and
   89  that does not provide its own detention care for juveniles its
   90  annual percentage share by dividing the total number of
   91  detention days for juveniles residing in the county for the most
   92  recently completed 12-month period by the total number of
   93  detention days for juveniles in all counties that are not
   94  fiscally constrained counties during the same period. The annual
   95  percentage share of each county that is not a fiscally
   96  constrained county and that does not provide its own detention
   97  care for juveniles must be multiplied by 50 percent of the total
   98  shared detention costs to determine that county’s share of
   99  detention costs. Beginning August 1, each such county shall pay
  100  to the department its share of detention costs, which shall be
  101  paid in 12 equal payments due on the first day of each month.
  102  The state shall pay the remaining actual costs of detention
  103  care.
  104         (4)(6) Each county that is not a fiscally constrained
  105  county and that does not provide its own detention care for
  106  juveniles has taken the action fulfilling the intent of this
  107  section as described in subsection (2) shall incorporate into
  108  its annual county budget sufficient funds to pay its annual
  109  percentage share of the total shared detention costs required by
  110  subsection (2) (4).
  112  ================= T I T L E  A M E N D M E N T ================
  113  And the title is amended as follows:
  114         Delete lines 2 - 3
  115  and insert:
  116         An act relating to juvenile justice; amending s.
  117         20.316, F.S.; revising the name of a program and
  118         creating an additional program within the Department
  119         of Juvenile Justice; conforming a provision to changes
  120         made by the act; repealing s. 985.686, F.S., relating
  121         to shared county and state responsibility for juvenile
  122         detention; amending s. 985.6865, F.S.; deleting
  123         provisions relating to legislative findings and
  124         legislative intent; deleting a provision requiring
  125         each county that is not a fiscally constrained county
  126         to pay its annual percentage share of the total shared
  127         detention costs; requiring the Department of Juvenile
  128         Justice to calculate and provide to each county that
  129         is not a fiscally constrained county and that does not
  130         provide its own detention care for juveniles its
  131         annual percentage share; requiring each county that is
  132         not a fiscally constrained county and that does not
  133         provide its own detention care for juveniles to
  134         incorporate into its annual budget sufficient funds to
  135         pay its annual percentage share; conforming a
  136         provision to changes made by the act; conforming a
  137         cross-reference; amending s. 943.0582, F.S.; deleting
  138         a