CS for CS for SB 700                             First Engrossed
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         20.316, F.S.; revising the name of a program and
    4         creating an additional program within the Department
    5         of Juvenile Justice; conforming a provision to changes
    6         made by the act; repealing s. 985.686, F.S., relating
    7         to shared county and state responsibility for juvenile
    8         detention; amending s. 985.6865, F.S.; deleting
    9         provisions relating to legislative findings and
   10         legislative intent; deleting a provision requiring
   11         each county that is not a fiscally constrained county
   12         to pay its annual percentage share of the total shared
   13         detention costs; requiring the Department of Juvenile
   14         Justice to calculate and provide to each county that
   15         is not a fiscally constrained county and that does not
   16         provide its own detention care for juveniles its
   17         annual percentage share; requiring each county that is
   18         not a fiscally constrained county and that does not
   19         provide its own detention care for juveniles to
   20         incorporate into its annual budget sufficient funds to
   21         pay its annual percentage share; conforming a
   22         provision to changes made by the act; conforming a
   23         cross-reference; amending s. 943.0582, F.S.; deleting
   24         a requirement that limits diversion program expunction
   25         to programs for misdemeanor offenses; amending s.
   26         985.126, F.S.; conforming a provision to changes made
   27         by the act; providing an effective date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Subsections (2) and (3) of section 20.316,
   32  Florida Statutes, are amended to read:
   33         20.316 Department of Juvenile Justice.—There is created a
   34  Department of Juvenile Justice.
   35         (2) DEPARTMENT PROGRAMS.—The following programs are
   36  established within the Department of Juvenile Justice:
   37         (a) Accountability and Program Support.
   38         (d)(a) Prevention and Victim Services.
   39         (c)(b) Intake and Detention.
   40         (f)(c) Residential and Correctional Facilities.
   41         (e)(d) Probation and Community Corrections.
   42         (b)(e) Administration.
   44  The secretary may establish assistant secretary positions and a
   45  chief of staff position as necessary to administer the
   46  requirements of this section.
   47         (3) JUVENILE JUSTICE OPERATING CIRCUITS.—The department
   48  shall plan and administer its programs through a substate
   49  structure that conforms to the boundaries of the judicial
   50  circuits prescribed in s. 26.021. A county may seek placement in
   51  a juvenile justice operating circuit other than as prescribed in
   52  s. 26.021 for participation in the Prevention and Victim
   53  Services Program and the Probation and Community Corrections
   54  Program by making a request of the chief circuit judge in each
   55  judicial circuit affected by such request. Upon a showing that
   56  geographic proximity, community identity, or other legitimate
   57  concern for efficiency of operations merits alternative
   58  placement, each affected chief circuit judge may authorize the
   59  execution of an interagency agreement specifying the alternative
   60  juvenile justice operating circuit in which the county is to be
   61  placed and the basis for the alternative placement. Upon the
   62  execution of said interagency agreement by each affected chief
   63  circuit judge, the secretary may administratively place a county
   64  in an alternative juvenile justice operating circuit pursuant to
   65  the agreement.
   66         Section 2. Section 985.686, Florida Statutes, is repealed.
   67         Section 3. Subsections (1) through (4) and (6) of section
   68  985.6865, Florida Statutes, are amended to read:
   69         985.6865 Juvenile detention.—
   70         (1) The Legislature finds that various counties and the
   71  Department of Juvenile Justice have engaged in a multitude of
   72  legal proceedings regarding detention cost sharing for
   73  juveniles. Such litigation has largely focused on how the
   74  Department of Juvenile Justice calculates the detention costs
   75  that the counties are responsible for paying, leading to the
   76  overbilling of counties for a period of years. Additionally,
   77  litigation pending in 2016 is a financial burden on the
   78  taxpayers of this state.
   79         (2) It is the intent of the Legislature that all counties
   80  that are not fiscally constrained counties and that have pending
   81  administrative or judicial claims or challenges file a notice of
   82  voluntary dismissal with prejudice to dismiss all actions
   83  pending on or before February 1, 2016, against the state or any
   84  state agency related to juvenile detention cost sharing.
   85  Furthermore, all counties that are not fiscally constrained
   86  shall execute a release and waiver of any existing or future
   87  claims and actions arising from detention cost share prior to
   88  the 2016-2017 fiscal year. The department may not seek
   89  reimbursement from counties complying with this subsection for
   90  any underpayment for any cost-sharing requirements before the
   91  2016-2017 fiscal year.
   92         (1)(3) As used in this section, the term:
   93         (a) “Detention care” means secure detention and respite
   94  beds for juveniles charged with a domestic violence crime.
   95         (b) “Fiscally constrained county” means a county within a
   96  rural area of opportunity as designated by the Governor pursuant
   97  to s. 288.0656 or each county for which the value of a mill will
   98  raise no more than $5 million in revenue, based on the certified
   99  school taxable value certified pursuant to s. 1011.62(4)(a)1.a.,
  100  from the previous July 1.
  101         (c) “Total shared detention costs” means the amount of
  102  funds expended by the department for the costs of detention care
  103  for the prior fiscal year. This amount includes the most recent
  104  actual certify forward amounts minus any funds it expends on
  105  detention care for juveniles residing in fiscally constrained
  106  counties or out of state.
  107         (2)(4)Notwithstanding s. 985.686, for the 2017-2018 fiscal
  108  year, and each fiscal year thereafter, each county that is not a
  109  fiscally constrained county and that has taken the action
  110  fulfilling the intent of this section as described in subsection
  111  (2) shall pay its annual percentage share of 50 percent of the
  112  total shared detention costs. Annually by July 15, 2017, and
  113  each year thereafter, the department shall calculate and provide
  114  to each county that is not a fiscally constrained county and
  115  that does not provide its own detention care for juveniles its
  116  annual percentage share by dividing the total number of
  117  detention days for juveniles residing in the county for the most
  118  recently completed 12-month period by the total number of
  119  detention days for juveniles in all counties that are not
  120  fiscally constrained counties during the same period. The annual
  121  percentage share of each county that is not a fiscally
  122  constrained county and that does not provide its own detention
  123  care for juveniles must be multiplied by 50 percent of the total
  124  shared detention costs to determine that county’s share of
  125  detention costs. Beginning August 1, each such county shall pay
  126  to the department its share of detention costs, which shall be
  127  paid in 12 equal payments due on the first day of each month.
  128  The state shall pay the remaining actual costs of detention
  129  care.
  130         (4)(6) Each county that is not a fiscally constrained
  131  county and that does not provide its own detention care for
  132  juveniles has taken the action fulfilling the intent of this
  133  section as described in subsection (2) shall incorporate into
  134  its annual county budget sufficient funds to pay its annual
  135  percentage share of the total shared detention costs required by
  136  subsection (2) (4).
  137         Section 4. Subsection (1) and paragraph (b) of subsection
  138  (3) of section 943.0582, Florida Statutes, are amended to read:
  139         943.0582 Diversion program expunction.—
  140         (1) Notwithstanding any law dealing generally with the
  141  preservation and destruction of public records, the department
  142  shall adopt rules to provide for the expunction of a nonjudicial
  143  record of the arrest of a minor who has successfully completed a
  144  diversion program for a misdemeanor offense.
  145         (3) The department shall expunge the nonjudicial arrest
  146  record of a minor who has successfully completed a diversion
  147  program if that minor:
  148         (b) Submits to the department, with the application, an
  149  official written statement from the state attorney for the
  150  county in which the arrest occurred certifying that he or she
  151  has successfully completed that county’s diversion program, that
  152  his or her participation in the program was based on an arrest
  153  for a misdemeanor, and that he or she has not otherwise been
  154  charged by the state attorney with, or found to have committed,
  155  any criminal offense or comparable ordinance violation.
  156         Section 5. Subsection (5) of section 985.126, Florida
  157  Statutes, is amended to read:
  158         985.126 Diversion programs; data collection; denial of
  159  participation or expunged record.—
  160         (5) A minor who successfully completes a diversion program
  161  for a first-time misdemeanor offense may lawfully deny or fail
  162  to acknowledge his or her participation in the program and an
  163  expunction of a nonjudicial arrest record under s. 943.0582,
  164  unless the inquiry is made by a criminal justice agency, as
  165  defined in s. 943.045, for a purpose described in s.
  166  943.0582(2)(b)1.
  167         Section 6. This act shall take effect July 1, 2020.