Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 1322
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/15/2016 .
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Appropriations Subcommittee on Criminal and Civil Justice
(Evers) recommended the following:
1 Senate Substitute for Amendment (285226) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Paragraph (c) is added to subsection (2) of
7 section 985.686, Florida Statutes, present subsections (9) and
8 (11) of that section are redesignated as subsections (8) and
9 (10), respectively, and subsections (3) through (7) and present
10 subsections (8) and (10) of that section are amended, to read:
11 985.686 Shared county and state responsibility for juvenile
12 detention.—
13 (2) As used in this section, the term:
14 (c) “Total shared detention costs” means the amount of
15 funds expended by the department for the costs of detention care
16 for the prior fiscal year. This amount is including the most
17 recent actual certify forward amounts minus any funds it expends
18 on detention care for juveniles residing in fiscally constrained
19 counties or out of state.
20 (3)(a) For the 2016-2017 fiscal year, each county that is
21 not a fiscally constrained county shall pay to the department
22 its annual percentage share of $42.5 million. By June 1, 2016,
23 the department shall calculate and provide to each such county
24 its annual percentage share by dividing the total number of
25 detention days for juveniles residing in that county for the
26 most recently completed 12-month period by the total number of
27 detention days for juveniles in all counties that are not
28 fiscally constrained counties during the same period. Beginning
29 July 1, 2016, each county shall pay to the department its annual
30 percentage share of $42.5 million, which shall be paid in 12
31 equal payments due on the first day of each month. The state
32 shall pay the remaining actual costs of detention care. This
33 paragraph expires June 30, 2017.
34 (b) For the 2017-2018 fiscal year, and each fiscal year
35 thereafter, each county that is not a fiscally constrained
36 county shall pay its annual percentage share of 50 percent of
37 the total shared detention costs for the prior fiscal year. By
38 June 1, 2017, and each year thereafter, the department shall
39 calculate and provide to each such county its annual percentage
40 share by dividing the total number of detention days for
41 juveniles residing in that county in the most recently completed
42 12-month period by the total number of detention days for
43 juveniles in all counties that are not fiscally constrained
44 counties during the same period. The annual percentage share of
45 each county that is not a fiscally constrained county must be
46 multiplied by 50 percent of the total shared detention costs to
47 determine that county’s share of detention costs. Beginning July
48 1, each county shall pay to the department its share of
49 detention costs, which shall be paid in 12 equal payments due on
50 the first day of each month. The state shall pay the remaining
51 costs of detention care Each county shall pay the costs of
52 providing detention care, exclusive of the costs of any
53 preadjudicatory nonmedical educational or therapeutic services
54 and $2.5 million provided for additional medical and mental
55 health care at the detention centers, for juveniles for the
56 period of time prior to final court disposition. The department
57 shall develop an accounts payable system to allocate costs that
58 are payable by the counties.
59 (4) Notwithstanding subsection (3), The state shall pay all
60 costs of detention care for juveniles residing in for which a
61 fiscally constrained county and for juveniles residing out of
62 state. The state shall pay all costs of detention care for
63 juveniles housed in state detention centers in counties that
64 provide their own detention care for juveniles would otherwise
65 be billed.
66 (a) By October 1, 2004, the department shall develop a
67 methodology for determining the amount of each fiscally
68 constrained county’s costs of detention care for juveniles, for
69 the period of time prior to final court disposition, which must
70 be paid by the state. At a minimum, this methodology must
71 consider the difference between the amount appropriated to the
72 department for offsetting the costs associated with the
73 assignment of juvenile pretrial detention expenses to the
74 fiscally constrained county and the total estimated costs to the
75 fiscally constrained county, for the fiscal year, of detention
76 care for juveniles for the period of time prior to final court
77 disposition.
78 (b) Subject to legislative appropriation and based on the
79 methodology developed under paragraph (a), the department shall
80 provide funding to offset the costs to fiscally constrained
81 counties of detention care for juveniles for the period of time
82 prior to final court disposition. If county matching funds are
83 required by the department to eliminate the difference
84 calculated under paragraph (a) or the difference between the
85 actual costs of the fiscally constrained counties and the amount
86 appropriated in small county grants for use in mitigating such
87 costs, that match amount must be allocated proportionately among
88 all fiscally constrained counties.
89 (5) Each county that is not a fiscally constrained county
90 shall incorporate into its annual county budget sufficient funds
91 to pay its annual percentage share of 50 percent of the total
92 shared detention costs of detention care for juveniles who
93 reside in that county for the period of time prior to final
94 court disposition. This amount shall be based upon the prior use
95 of secure detention for juveniles who are residents of that
96 county, as calculated by the department. Each county shall pay
97 the estimated costs at the beginning of each month. Any
98 difference between the estimated costs and actual costs shall be
99 reconciled at the end of the state fiscal year.
100 (6) Funds paid by the counties to the department pursuant
101 to this section must be deposited Each county shall pay to the
102 department for deposit into the Shared County/State Juvenile
103 Detention Trust Fund its share of the county’s total costs for
104 juvenile detention, based upon calculations published by the
105 department with input from the counties.
106 (7) The department of Juvenile Justice shall determine each
107 quarter whether the counties of this state are remitting funds
108 as required to the department their share of the costs of
109 detention as required by this section.
110 (8) The Department of Revenue and the counties shall
111 provide technical assistance as necessary to the Department of
112 Juvenile Justice in order to develop the most cost-effective
113 means of collection.
114 (9)(10) This section does not apply to a any county that
115 provides detention care for preadjudicated juveniles or that
116 contracts with another county to provide detention care for
117 preadjudicated juveniles.
118 Section 2. Subsection (2) of section 985.6015, Florida
119 Statutes, is amended to read:
120 985.6015 Shared County/State Juvenile Detention Trust
121 Fund.—
122 (2) The fund is established for use as a depository for
123 funds to be used for the costs of predisposition juvenile
124 detention. Moneys credited to the trust fund shall consist of
125 funds from the counties’ share of the costs for predisposition
126 juvenile detention.
127 Section 3. Paragraph (a) of subsection (11) of section
128 985.688, Florida Statutes, is amended to read:
129 985.688 Administering county and municipal delinquency
130 programs and facilities.—
131 (11)(a) Notwithstanding the provisions of this section, a
132 county is in compliance with this section if:
133 1. The county provides the full cost for preadjudication
134 detention for juveniles;
135 2. The county authorizes the county sheriff, any other
136 county jail operator, or a contracted provider located inside or
137 outside the county to provide preadjudication detention care for
138 juveniles;
139 3. The county sheriff or other county jail operator is
140 accredited by the Florida Corrections Accreditation Commission
141 or American Correctional Association; and
142 4. The facility is inspected annually and meets the Florida
143 Model Jail Standards.
144 Section 4. This act shall take effect upon becoming a law.
145
146
147 ================= T I T L E A M E N D M E N T ================
148 And the title is amended as follows:
149 Delete everything before the enacting clause
150 and insert:
151 A bill to be entitled
152 An act relating to juvenile detention costs; amending
153 s. 985.686, F.S.; defining a term; revising the annual
154 contributions by certain counties for the costs of
155 detention care for juveniles; revising the methodology
156 by which the Department of Juvenile Justice determines
157 the percentage share for each county; requiring the
158 state to pay all costs of detention care for juveniles
159 residing out of state and for juveniles residing in
160 state detention centers in counties that provide their
161 own detention care for juveniles; deleting a
162 requirement that the Department of Revenue and the
163 counties provide certain technical assistance to the
164 Department of Juvenile Justice; revising the
165 applicability of specified provisions; amending ss.
166 985.6015 and 985.688, F.S.; conforming provisions to
167 changes made by the act; providing an effective date.