Florida Senate - 2016                                    SB 1322
       
       
        
       By Senator Latvala
       
       20-01641C-16                                          20161322__
    1                        A bill to be entitled                      
    2         An act relating to juvenile detention costs; amending
    3         s. 985.686, F.S.; defining a term; revising the annual
    4         contributions by certain counties for the costs of
    5         detention care for juveniles; revising the methodology
    6         by which the Department of Juvenile Justice determines
    7         the percentage share for each county; requiring the
    8         state to pay all costs of detention care for juveniles
    9         residing out of state and for certain postdisposition
   10         detention care; deleting a requirement that the
   11         Department of Revenue and the counties provide certain
   12         technical assistance to the Department of Juvenile
   13         Justice; revising the applicability of specified
   14         provisions; providing an effective date.
   15                                                                  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (c) is added to subsection (2) of
   19  section 985.686, Florida Statutes, present subsections (9) and
   20  (11) of that section are redesignated as subsections (8) and
   21  (10), respectively, and subsections (3) through (7) and present
   22  subsections (8) and (10) of that section are amended, to read:
   23         985.686 Shared county and state responsibility for juvenile
   24  detention.—
   25         (2) As used in this section, the term:
   26         (c) Total shared detention costs” means the amount of
   27  funds expended by the department for the costs of detention care
   28  in a calendar year, minus any funds it expends on detention care
   29  for juveniles residing in fiscally constrained counties or out
   30  of state and for postdisposition detention care in those
   31  counties that provide their own predisposition detention care
   32  for juveniles.
   33         (3)(a)For the 2016-2017 fiscal year, each county that is
   34  not a fiscally constrained county shall pay to the department
   35  its annual percentage share of $42.5 million. By June 1, 2016,
   36  the department shall calculate and provide to each such county
   37  its annual percentage share by dividing the total number of
   38  detention days for juveniles residing in that county in the
   39  prior calendar year by the total number of detention days for
   40  juveniles in all counties that are not fiscally constrained
   41  counties in the prior calendar year. Beginning July 1, 2016,
   42  each county shall pay to the department its annual percentage
   43  share of $42.5 million, which shall be paid in 12 equal payments
   44  due on the first day of each month. The state shall pay the
   45  remaining actual costs of detention care. This paragraph expires
   46  June 30, 2017.
   47         (b) For the 2017-2018 fiscal year, and each fiscal year
   48  thereafter, each county that is not a fiscally constrained
   49  county shall pay its annual percentage share of 50 percent of
   50  the total shared detention costs for the prior calendar year. By
   51  February 1, 2017, and each year thereafter, the department shall
   52  calculate and provide to each such county its annual percentage
   53  share by dividing the total number of detention days for
   54  juveniles residing in that county in the prior calendar year by
   55  the total number of detention days for juveniles in all counties
   56  that are not fiscally constrained counties in the prior calendar
   57  year. The annual percentage share of each county that is not a
   58  fiscally constrained county must be multiplied by 50 percent of
   59  the total shared detention cost for the prior calendar year to
   60  determine that county’s share of detention costs. Beginning July
   61  1, each county shall pay to the department its share of
   62  detention costs for the prior calendar year, which shall be paid
   63  in 12 equal payments due on the first day of each month. The
   64  state shall pay the remaining actual costs of detention care
   65  Each county shall pay the costs of providing detention care,
   66  exclusive of the costs of any preadjudicatory nonmedical
   67  educational or therapeutic services and $2.5 million provided
   68  for additional medical and mental health care at the detention
   69  centers, for juveniles for the period of time prior to final
   70  court disposition. The department shall develop an accounts
   71  payable system to allocate costs that are payable by the
   72  counties.
   73         (4) Notwithstanding subsection (3), The state shall pay all
   74  costs of detention care for juveniles residing in for which a
   75  fiscally constrained county and for juveniles residing out of
   76  state. The state shall pay all costs of postdisposition
   77  detention care for those counties that provide their own
   78  predisposition detention care for juveniles would otherwise be
   79  billed.
   80         (a) By October 1, 2004, the department shall develop a
   81  methodology for determining the amount of each fiscally
   82  constrained county’s costs of detention care for juveniles, for
   83  the period of time prior to final court disposition, which must
   84  be paid by the state. At a minimum, this methodology must
   85  consider the difference between the amount appropriated to the
   86  department for offsetting the costs associated with the
   87  assignment of juvenile pretrial detention expenses to the
   88  fiscally constrained county and the total estimated costs to the
   89  fiscally constrained county, for the fiscal year, of detention
   90  care for juveniles for the period of time prior to final court
   91  disposition.
   92         (b) Subject to legislative appropriation and based on the
   93  methodology developed under paragraph (a), the department shall
   94  provide funding to offset the costs to fiscally constrained
   95  counties of detention care for juveniles for the period of time
   96  prior to final court disposition. If county matching funds are
   97  required by the department to eliminate the difference
   98  calculated under paragraph (a) or the difference between the
   99  actual costs of the fiscally constrained counties and the amount
  100  appropriated in small county grants for use in mitigating such
  101  costs, that match amount must be allocated proportionately among
  102  all fiscally constrained counties.
  103         (5) Each county that is not a fiscally constrained county
  104  shall incorporate into its annual county budget sufficient funds
  105  to pay its annual percentage share of 50 percent of the total
  106  shared detention costs for the prior calendar of detention care
  107  for juveniles who reside in that county for the period of time
  108  prior to final court disposition. This amount shall be based
  109  upon the prior use of secure detention for juveniles who are
  110  residents of that county, as calculated by the department. Each
  111  county shall pay the estimated costs at the beginning of each
  112  month. Any difference between the estimated costs and actual
  113  costs shall be reconciled at the end of the state fiscal year.
  114         (6) Funds paid by the counties to the department pursuant
  115  to this section must be deposited Each county shall pay to the
  116  department for deposit into the Shared County/State Juvenile
  117  Detention Trust Fund its share of the county’s total costs for
  118  juvenile detention, based upon calculations published by the
  119  department with input from the counties.
  120         (7) The department of Juvenile Justice shall determine each
  121  quarter whether the counties of this state are remitting funds
  122  as required to the department their share of the costs of
  123  detention as required by this section.
  124         (8) The Department of Revenue and the counties shall
  125  provide technical assistance as necessary to the Department of
  126  Juvenile Justice in order to develop the most cost-effective
  127  means of collection.
  128         (9)(10) This section does not apply to a any county that
  129  provides detention care for preadjudicated juveniles or that
  130  contracts with another county to provide predisposition
  131  detention care for preadjudicated juveniles.
  132         Section 2. This act shall take effect upon becoming a law.