CS for SB 1322                                   First Engrossed
       
       
       
       
       
       
       
       
       20161322e1
       
    1                        A bill to be entitled                      
    2         An act relating to juvenile detention costs; amending
    3         s. 985.686, F.S.; providing legislative findings and
    4         intent; defining a term; revising the annual
    5         contributions by certain counties for the costs of
    6         detention care for juveniles; revising the methodology
    7         by which the Department of Juvenile Justice determines
    8         the percentage share for each county; requiring the
    9         state to pay all costs of detention care for juveniles
   10         residing out of state and for juveniles residing in
   11         state detention centers in counties that provide their
   12         own detention care for juveniles; deleting a
   13         requirement that the Department of Revenue and the
   14         counties provide certain technical assistance to the
   15         Department of Juvenile Justice; revising the
   16         applicability of specified provisions; amending ss.
   17         985.6015 and 985.688, F.S.; conforming provisions to
   18         changes made by the act; providing appropriations;
   19         providing effective dates.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (1) of section 985.686, Florida
   24  Statutes, is amended, paragraph (c) is added to subsection (2)
   25  of that section, present subsections (9) and (11) of that
   26  section are redesignated as subsections (8) and (10),
   27  respectively, and subsections (3) through (7) and present
   28  subsections (8) and (10) of that section are amended, to read:
   29         985.686 Shared county and state responsibility for juvenile
   30  detention.—
   31         (1)(a) It is the policy of this state that the state and
   32  the counties have a joint obligation, as provided in this
   33  section, to contribute to the financial support of the detention
   34  care provided for juveniles.
   35         (b) The Legislature finds that various Florida counties and
   36  the department have engaged in a multitude of legal proceedings
   37  regarding detention cost share for juveniles. Such litigation
   38  has largely focused on how the department calculates the
   39  detention costs that counties are responsible for paying,
   40  leading to the overbilling of counties for a period of years.
   41  Additionally, such litigation is a financial burden on the
   42  taxpayers of Florida.
   43         (c) It is the intent of the Legislature that all counties
   44  in this state which are not fiscally constrained counties and
   45  which have related pending administrative or judicial claims or
   46  challenges file a notice of voluntary dismissal with prejudice
   47  to dismiss all actions pending on or before February 1, 2016,
   48  against the state or any state agency related to juvenile
   49  detention cost share. Additionally, all such counties shall
   50  execute a release and waiver of any existing or future claims
   51  and actions arising from detention cost share prior to the 2016
   52  2017 fiscal year. The department may not seek reimbursement for
   53  underpayments of cost share prior to the 2016-2017 fiscal year
   54  from counties that comply with this subsection.
   55         (2) As used in this section, the term:
   56         (c) ”Total shared detention costs” means the amount of
   57  funds expended by the department for the costs of detention care
   58  for the prior fiscal year, and includes the most recent actual
   59  certify forward amounts, less any funds it expends on detention
   60  care for juveniles residing in fiscally constrained counties or
   61  out of state.
   62         (3)(a) For the 2016-2017 state fiscal year each county that
   63  is not a fiscally constrained county that has taken the action
   64  fulfilling the intent of this legislation as described in
   65  (1)(c), shall pay to the department its annual percentage share
   66  of $42.5 million. By June 1, 2016, the department shall
   67  calculate and provide to each such county its annual percentage
   68  share by dividing the total number of detention days for
   69  juveniles residing in that county for the most recently
   70  completed 12-month period by the total number of detention days
   71  for juveniles in all counties that are not fiscally constrained
   72  counties during the same period. Beginning July 1, 2016, each
   73  county shall pay to the department its annual percentage share
   74  of $42.5 million, which shall be paid in 12 equal payments due
   75  on the first day of each month. The state shall pay the
   76  remaining actual costs of detention care. This paragraph expires
   77  June 30, 2017.
   78         (b) For the 2017-2018 state fiscal year, and each fiscal
   79  year thereafter, each county that is not a fiscally constrained
   80  county that has taken the action fulfilling the intent of this
   81  legislation as described in paragraph (1)(c), shall pay its
   82  annual percentage share of 50 percent of the total shared
   83  detention costs for the prior fiscal year. By July 15, 2017, and
   84  each year thereafter, the department shall calculate and provide
   85  to each such county its annual percentage share by dividing the
   86  total number of detention days for juveniles residing in the
   87  county for the most recently completed 12-month period by the
   88  total number of detention days for juveniles in all counties
   89  that are not fiscally constrained counties during the same
   90  period. The annual percentage share of each county that is not a
   91  fiscally constrained county must be multiplied by 50 percent of
   92  the total shared detention costs to determine that county’s
   93  share of detention costs. Beginning August 1 of each year, each
   94  county shall pay to the department its share of detention costs,
   95  which shall be paid in 12 equal payments due on the first day of
   96  each month. The state shall pay the remaining actual costs of
   97  detention care. Each county shall pay the costs of providing
   98  detention care, exclusive of the costs of any preadjudicatory
   99  nonmedical educational or therapeutic services and $2.5 million
  100  provided for additional medical and mental health care at the
  101  detention centers, for juveniles for the period of time prior to
  102  final court disposition. The department shall develop an
  103  accounts payable system to allocate costs that are payable by
  104  the counties.
  105         (4) Notwithstanding subsection (3), The state shall pay all
  106  costs of detention care for juveniles residing in for which a
  107  fiscally constrained county and for juveniles residing out-of
  108  state would otherwise be billed. The state shall pay all costs
  109  of detention care for juveniles housed in state detention
  110  centers from counties that provide their own detention care for
  111  juveniles.
  112         (a) By October 1, 2004, the department shall develop a
  113  methodology for determining the amount of each fiscally
  114  constrained county’s costs of detention care for juveniles, for
  115  the period of time prior to final court disposition, which must
  116  be paid by the state. At a minimum, this methodology must
  117  consider the difference between the amount appropriated to the
  118  department for offsetting the costs associated with the
  119  assignment of juvenile pretrial detention expenses to the
  120  fiscally constrained county and the total estimated costs to the
  121  fiscally constrained county, for the fiscal year, of detention
  122  care for juveniles for the period of time prior to final court
  123  disposition.
  124         (b) Subject to legislative appropriation and based on the
  125  methodology developed under paragraph (a), the department shall
  126  provide funding to offset the costs to fiscally constrained
  127  counties of detention care for juveniles for the period of time
  128  prior to final court disposition. If county matching funds are
  129  required by the department to eliminate the difference
  130  calculated under paragraph (a) or the difference between the
  131  actual costs of the fiscally constrained counties and the amount
  132  appropriated in small county grants for use in mitigating such
  133  costs, that match amount must be allocated proportionately among
  134  all fiscally constrained counties.
  135         (5) Each county that is not a fiscally constrained county
  136  shall incorporate into its annual county budget sufficient funds
  137  to pay its annual percentage share of the total shared detention
  138  costs required under subsection (3) of detention care for
  139  juveniles who reside in that county for the period of time prior
  140  to final court disposition. This amount shall be based upon the
  141  prior use of secure detention for juveniles who are residents of
  142  that county, as calculated by the department. Each county shall
  143  pay the estimated costs at the beginning of each month. Any
  144  difference between the estimated costs and actual costs shall be
  145  reconciled at the end of the state fiscal year.
  146         (6) Funds paid by the counties to the department pursuant
  147  to this section must be deposited Each county shall pay to the
  148  department for deposit into the Shared County/State Juvenile
  149  Detention Trust Fund its share of the county’s total costs for
  150  juvenile detention, based upon calculations published by the
  151  department with input from the counties.
  152         (7) The department of Juvenile Justice shall determine each
  153  quarter whether the counties of this state are remitting funds
  154  as required to the department their share of the costs of
  155  detention as required by this section.
  156         (8) The Department of Revenue and the counties shall
  157  provide technical assistance as necessary to the Department of
  158  Juvenile Justice in order to develop the most cost-effective
  159  means of collection.
  160         (9)(10) This section does not apply to a any county that
  161  provides detention care for preadjudicated juveniles or that
  162  contracts with another county to provide detention care for
  163  preadjudicated juveniles.
  164         Section 2. Subsection (2) of section 985.6015, Florida
  165  Statutes, is amended to read:
  166         985.6015 Shared County/State Juvenile Detention Trust
  167  Fund.—
  168         (2) The fund is established for use as a depository for
  169  funds to be used for the costs of predisposition juvenile
  170  detention. Moneys credited to the trust fund shall consist of
  171  funds from the counties’ share of the costs for predisposition
  172  juvenile detention.
  173         Section 3. Paragraph (a) of subsection (11) of section
  174  985.688, Florida Statutes, is amended to read:
  175         985.688 Administering county and municipal delinquency
  176  programs and facilities.—
  177         (11)(a) Notwithstanding the provisions of this section, a
  178  county is in compliance with this section if:
  179         1. The county provides the full cost for preadjudication
  180  detention for juveniles;
  181         2. The county authorizes the county sheriff, any other
  182  county jail operator, or a contracted provider located inside or
  183  outside the county to provide preadjudication detention care for
  184  juveniles;
  185         3. The county sheriff or other county jail operator is
  186  accredited by the Florida Corrections Accreditation Commission
  187  or American Correctional Association; and
  188         4. The facility is inspected annually and meets the Florida
  189  Model Jail Standards.
  190         Section 4. Effective July 1, 2016, for the 2016-2017 fiscal
  191  year, the sum of $7.3 million in recurring funds and the sum of
  192  $3.5 million in nonrecurring funds is appropriated from the
  193  General Revenue Fund to the Department of Juvenile Justice for
  194  the purpose of implementing the amendments to s. 985.686,
  195  Florida Statutes, made by this act. These funds supplement the
  196  funds appropriated to the department in the 2016-2017 General
  197  Appropriations Act to pay the state’s costs for juvenile
  198  detention.
  199         Section 5. Except as otherwise provided in this act, this
  200  act shall take effect upon becoming a law.