Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS/SB 1322, 1st Eng.
       
       
       
       
       
       
                                Ì227052|Î227052                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/3R         .                                
             03/07/2016 04:17 PM       .                                
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       Senator Latvala moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 985.6865, Florida Statutes, is created
    6  to read:
    7         985.6865 Juvenile detention.—
    8         (1) The Legislature finds that various counties and the
    9  Department of Juvenile Justice have engaged in a multitude of
   10  legal proceedings regarding detention cost sharing for
   11  juveniles. Such litigation has largely focused on how the
   12  Department of Juvenile Justice calculates the detention costs
   13  that the counties are responsible for paying, leading to the
   14  overbilling of counties for a period of years. Additionally,
   15  litigation pending in 2016 is a financial burden on the
   16  taxpayers of this state.
   17         (2) It is the intent of the Legislature that all counties
   18  that are not fiscally constrained counties and that have pending
   19  administrative or judicial claims or challenges file a notice of
   20  voluntary dismissal with prejudice to dismiss all actions
   21  pending on or before February 1, 2016, against the state or any
   22  state agency related to juvenile detention cost sharing.
   23  Furthermore, all counties that are not fiscally constrained
   24  shall execute a release and waiver of any existing or future
   25  claims and actions arising from detention cost share prior to
   26  the 2016-2017 fiscal year. The department may not seek
   27  reimbursement from counties complying with this subsection for
   28  any underpayment for any cost-sharing requirements before the
   29  2016-2017 fiscal year.
   30         (3) As used in this section, the term:
   31         (a) “Detention care” means secure detention and respite
   32  beds for juveniles charged with a domestic violence crime.
   33         (b) “Fiscally constrained county” means a county within a
   34  rural area of opportunity as designated by the Governor pursuant
   35  to s. 288.0656 or each county for which the value of a mill will
   36  raise no more than $5 million in revenue, based on the certified
   37  school taxable value certified pursuant to s. 1011.62(4)(a)1.a.,
   38  from the previous July 1.
   39         (c) “Total shared detention costs” means the amount of
   40  funds expended by the department for the costs of detention care
   41  for the prior fiscal year. This amount includes the most recent
   42  actual certify forward amounts minus any funds it expends on
   43  detention care for juveniles residing in fiscally constrained
   44  counties or out of state.
   45         (4)(a) Notwithstanding s. 985.686 and for the 2016-2017
   46  state fiscal year, each county that is not a fiscally
   47  constrained county that has taken the action fulfilling the
   48  intent of this legislation as described in subsection (2) shall
   49  pay to the department its annual percentage share of $42.5
   50  million. By June 1, 2016, the department shall calculate and
   51  provide to each county that is not a fiscally constrained county
   52  its annual percentage share by dividing the total number of
   53  detention days for juveniles residing in that county for the
   54  most recently completed 12-month period by the total number of
   55  detention days for juveniles in all counties that are not
   56  fiscally constrained counties during the same period. Beginning
   57  July 1, 2016, each such county shall pay to the department its
   58  annual percentage share of $42.5 million, which shall be paid in
   59  12 equal payments due on the first day of each month. The state
   60  shall pay the remaining actual costs of detention care. This
   61  paragraph expires June 30, 2017.
   62         (b) Notwithstanding s. 985.686, for the 2017-2018 fiscal
   63  year, and each fiscal year thereafter, each county that is not a
   64  fiscally constrained county and that has taken the action
   65  fulfilling the intent of this section as described in subsection
   66  (2) shall pay its annual percentage share of 50 percent of the
   67  total shared detention costs. By July 15, 2017, and each year
   68  thereafter, the department shall calculate and provide to each
   69  county that is not a fiscally constrained county its annual
   70  percentage share by dividing the total number of detention days
   71  for juveniles residing in the county for the most recently
   72  completed 12-month period by the total number of detention days
   73  for juveniles in all counties that are not fiscally constrained
   74  counties during the same period. The annual percentage share of
   75  each county that is not a fiscally constrained county must be
   76  multiplied by 50 percent of the total shared detention costs to
   77  determine that county’s share of detention costs. Beginning
   78  August 1, each such county shall pay to the department its share
   79  of detention costs, which shall be paid in 12 equal payments due
   80  on the first day of each month. The state shall pay the
   81  remaining actual costs of detention care
   82         (5) The state shall pay all costs of detention care for
   83  juveniles residing in a fiscally constrained county and for
   84  juveniles residing out of state. The state shall pay all costs
   85  of detention care for juveniles housed in state detention
   86  centers from counties that provide their own detention care for
   87  juveniles.
   88         (6) Each county that is not a fiscally constrained county
   89  and that has taken the action fulfilling the intent of this
   90  section as described in subsection (2) shall incorporate into
   91  its annual county budget sufficient funds to pay its annual
   92  percentage share of the total shared detention costs required by
   93  subsection (4).
   94         (7) Funds paid by the counties to the department pursuant
   95  to this section must be deposited into the Shared County/State
   96  Juvenile Detention Trust Fund.
   97         (8) The department shall determine each quarter whether the
   98  counties are remitting funds as required by this section.
   99         (9) Funds received from counties pursuant to this section
  100  are not subject to the service charges provided in s. 215.20.
  101         (10) The department may adopt rules to administer this
  102  section.
  103         Section 2. Subsection (2) of section 985.6015, Florida
  104  Statutes, is amended to read:
  105         985.6015 Shared County/State Juvenile Detention Trust
  106  Fund.—
  107         (2) The fund is established for use as a depository for
  108  funds to be used for the costs of predisposition juvenile
  109  detention. Moneys credited to the trust fund shall consist of
  110  funds from the counties’ share of the costs for predisposition
  111  juvenile detention.
  112         Section 3. Paragraph (a) of subsection (11) of section
  113  985.688, Florida Statutes, is amended to read:
  114         985.688 Administering county and municipal delinquency
  115  programs and facilities.—
  116         (11)(a) Notwithstanding the provisions of this section, a
  117  county is in compliance with this section if:
  118         1. The county provides the full cost for preadjudication
  119  detention for juveniles;
  120         2. The county authorizes the county sheriff, any other
  121  county jail operator, or a contracted provider located inside or
  122  outside the county to provide preadjudication detention care for
  123  juveniles;
  124         3. The county sheriff or other county jail operator is
  125  accredited by the Florida Corrections Accreditation Commission
  126  or American Correctional Association; and
  127         4. The facility is inspected annually and meets the Florida
  128  Model Jail Standards.
  129         Section 4. Effective July 1, 2016, for the 2016-2017 fiscal
  130  year, the sum of $7.3 million in recurring funds and the sum of
  131  $3.5 million in nonrecurring funds is appropriated from the
  132  General Revenue Fund to the Department of Juvenile Justice for
  133  the purpose of implementing s. 985.6865, Florida Statutes, as
  134  created by this act. These funds supplement the funds
  135  appropriated to the department in the 2016-2017 General
  136  Appropriations Act to pay the state’s costs for juvenile
  137  detention.
  138         Section 5. Except as otherwise provided in this act, this
  139  act shall take effect upon becoming a law.
  140  
  141  ================= T I T L E  A M E N D M E N T ================
  142  And the title is amended as follows:
  143         Delete everything before the enacting clause
  144  and insert:
  145                        A bill to be entitled                      
  146         An act relating to juvenile detention costs; creating
  147         s. 985.6865, F.S.; providing legislative findings and
  148         intent; defining terms; requiring certain counties
  149         that are not fiscally constrained counties to each pay
  150         to the Department of Juvenile Justice its annual
  151         percentage share of specified amounts for specified
  152         fiscal years; requiring such counties to pay its
  153         annual percentage share of the specified amounts in 12
  154         equal payments beginning on a specified date; creating
  155         the methodology by which the department determines the
  156         percentage share for each county; providing an
  157         expiration date; requiring the state to pay all costs
  158         of detention care for juveniles residing in a fiscally
  159         constrained county, residing out of state, and
  160         residing in state detention centers in counties that
  161         provide their own detention care for juveniles;
  162         requiring a county that is not fiscally constrained
  163         county to incorporate into its annual budget
  164         sufficient funds to pay its annual percentage share;
  165         requiring certain funds to be deposited into the
  166         Shared County/State Juvenile Detention Trust Fund;
  167         requiring the department to determine certain
  168         compliance on a quarterly basis; exempting certain
  169         funds collected from specified service charges;
  170         providing rulemaking; amending ss. 985.6015 and
  171         985.688, F.S.; conforming provisions to changes made
  172         by the act; providing appropriations; providing
  173         effective dates.