Florida Senate - 2016                             CS for SB 1322
       
       
        
       By the Committee on Appropriations; and Senator Latvala
       
       576-04204-16                                          20161322c1
    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 juveniles residing in
   10         state detention centers in counties that provide their
   11         own detention care for juveniles; deleting a
   12         requirement that the Department of Revenue and the
   13         counties provide certain technical assistance to the
   14         Department of Juvenile Justice; revising the
   15         applicability of specified provisions; amending ss.
   16         985.6015 and 985.688, F.S.; conforming provisions to
   17         changes made by the act; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (c) is added to subsection (2) of
   22  section 985.686, Florida Statutes, present subsections (9) and
   23  (11) of that section are redesignated as subsections (8) and
   24  (10), respectively, and subsections (3) through (7) and present
   25  subsections (8) and (10) of that section are amended, to read:
   26         985.686 Shared county and state responsibility for juvenile
   27  detention.—
   28         (2) As used in this section, the term:
   29         (c) “Total shared detention costs” means the amount of
   30  funds expended by the department for the costs of detention care
   31  for the prior fiscal year. This amount is including the most
   32  recent actual certify forward amounts minus any funds it expends
   33  on detention care for juveniles residing in fiscally constrained
   34  counties or out of state.
   35         (3)(a)For the 2016-2017 fiscal year, each county that is
   36  not a fiscally constrained county shall pay to the department
   37  its annual percentage share of $42.5 million. By June 1, 2016,
   38  the department shall calculate and provide to each such county
   39  its annual percentage share by dividing the total number of
   40  detention days for juveniles residing in that county for the
   41  most recently completed 12-month period by the total number of
   42  detention days for juveniles in all counties that are not
   43  fiscally constrained counties during the same period. Beginning
   44  July 1, 2016, each county shall pay to the department its annual
   45  percentage share of $42.5 million, which shall be paid in 12
   46  equal payments due on the first day of each month. The state
   47  shall pay the remaining actual costs of detention care. This
   48  paragraph expires June 30, 2017.
   49         (b) For the 2017-2018 fiscal year, and each fiscal year
   50  thereafter, each county that is not a fiscally constrained
   51  county shall pay its annual percentage share of 50 percent of
   52  the total shared detention costs for the prior fiscal year. By
   53  June 1, 2017, and each year thereafter, the department shall
   54  calculate and provide to each such county its annual percentage
   55  share by dividing the total number of detention days for
   56  juveniles residing in that county in the most recently completed
   57  12-month period by the total number of detention days for
   58  juveniles in all counties that are not fiscally constrained
   59  counties during the same period. The annual percentage share of
   60  each county that is not a fiscally constrained county must be
   61  multiplied by 50 percent of the total shared detention costs to
   62  determine that county’s share of detention costs. Beginning July
   63  1, each county shall pay to the department its share of
   64  detention costs, which shall be paid in 12 equal payments due on
   65  the first day of each month. The state shall pay the remaining
   66  costs of detention care Each county shall pay the costs of
   67  providing detention care, exclusive of the costs of any
   68  preadjudicatory nonmedical educational or therapeutic services
   69  and $2.5 million provided for additional medical and mental
   70  health care at the detention centers, for juveniles for the
   71  period of time prior to final court disposition. The department
   72  shall develop an accounts payable system to allocate costs that
   73  are payable by the counties.
   74         (4) Notwithstanding subsection (3), The state shall pay all
   75  costs of detention care for juveniles residing in for which a
   76  fiscally constrained county and for juveniles residing out of
   77  state. The state shall pay all costs of detention care for
   78  juveniles housed in state detention centers in counties that
   79  provide their own detention care for juveniles would otherwise
   80  be billed.
   81         (a) By October 1, 2004, the department shall develop a
   82  methodology for determining the amount of each fiscally
   83  constrained county’s costs of detention care for juveniles, for
   84  the period of time prior to final court disposition, which must
   85  be paid by the state. At a minimum, this methodology must
   86  consider the difference between the amount appropriated to the
   87  department for offsetting the costs associated with the
   88  assignment of juvenile pretrial detention expenses to the
   89  fiscally constrained county and the total estimated costs to the
   90  fiscally constrained county, for the fiscal year, of detention
   91  care for juveniles for the period of time prior to final court
   92  disposition.
   93         (b) Subject to legislative appropriation and based on the
   94  methodology developed under paragraph (a), the department shall
   95  provide funding to offset the costs to fiscally constrained
   96  counties of detention care for juveniles for the period of time
   97  prior to final court disposition. If county matching funds are
   98  required by the department to eliminate the difference
   99  calculated under paragraph (a) or the difference between the
  100  actual costs of the fiscally constrained counties and the amount
  101  appropriated in small county grants for use in mitigating such
  102  costs, that match amount must be allocated proportionately among
  103  all fiscally constrained counties.
  104         (5) Each county that is not a fiscally constrained county
  105  shall incorporate into its annual county budget sufficient funds
  106  to pay its annual percentage share of 50 percent of the total
  107  shared detention costs of detention care for juveniles who
  108  reside in that county for the period of time prior to final
  109  court disposition. This amount shall be based upon the prior use
  110  of secure detention for juveniles who are residents of that
  111  county, as calculated by the department. Each county shall pay
  112  the estimated costs at the beginning of each month. Any
  113  difference between the estimated costs and actual costs shall be
  114  reconciled at the end of the state fiscal year.
  115         (6) Funds paid by the counties to the department pursuant
  116  to this section must be deposited Each county shall pay to the
  117  department for deposit into the Shared County/State Juvenile
  118  Detention Trust Fund its share of the county’s total costs for
  119  juvenile detention, based upon calculations published by the
  120  department with input from the counties.
  121         (7) The department of Juvenile Justice shall determine each
  122  quarter whether the counties of this state are remitting funds
  123  as required to the department their share of the costs of
  124  detention as required by this section.
  125         (8) The Department of Revenue and the counties shall
  126  provide technical assistance as necessary to the Department of
  127  Juvenile Justice in order to develop the most cost-effective
  128  means of collection.
  129         (9)(10) This section does not apply to a any county that
  130  provides detention care for preadjudicated juveniles or that
  131  contracts with another county to provide detention care for
  132  preadjudicated juveniles.
  133         Section 2. Subsection (2) of section 985.6015, Florida
  134  Statutes, is amended to read:
  135         985.6015 Shared County/State Juvenile Detention Trust
  136  Fund.—
  137         (2) The fund is established for use as a depository for
  138  funds to be used for the costs of predisposition juvenile
  139  detention. Moneys credited to the trust fund shall consist of
  140  funds from the counties’ share of the costs for predisposition
  141  juvenile detention.
  142         Section 3. Paragraph (a) of subsection (11) of section
  143  985.688, Florida Statutes, is amended to read:
  144         985.688 Administering county and municipal delinquency
  145  programs and facilities.—
  146         (11)(a) Notwithstanding the provisions of this section, a
  147  county is in compliance with this section if:
  148         1. The county provides the full cost for preadjudication
  149  detention for juveniles;
  150         2. The county authorizes the county sheriff, any other
  151  county jail operator, or a contracted provider located inside or
  152  outside the county to provide preadjudication detention care for
  153  juveniles;
  154         3. The county sheriff or other county jail operator is
  155  accredited by the Florida Corrections Accreditation Commission
  156  or American Correctional Association; and
  157         4. The facility is inspected annually and meets the Florida
  158  Model Jail Standards.
  159         Section 4. This act shall take effect upon becoming a law.