CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 2564
    Amendment No. 1   Barcode 512988
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  1/AD/2R        .                    
       04/30/2004 04:17 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Conference Committee on CS for SB 2564 recommended the
12  following amendment:
13  
14         Conference Committee Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 985.2155, Florida Statutes, is
19  created to read:
20         985.2155  Shared county and state responsibility for
21  juvenile detention.--
22         (1)  It is the policy of this state that the state and
23  the counties have a joint obligation, as provided in this
24  section, to contribute to the financial support of the
25  detention care provided for juveniles.
26         (2)  As used in this section, the term:
27         (a)  "Detention care" means secure detention.
28         (b)  "Fiscally constrained county" means a county
29  designated as a rural area of critical economic concern under
30  s. 288.0656 for which the value of a mill in the county is no
31  more than $3 million, based on the property valuations and tax
                                  1
    6:31 PM   04/29/04                                   c2564c-01

CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 2564 Amendment No. 1 Barcode 512988 1 data annually published by the Department of Revenue under s. 2 195.052. 3 (3) Each county or the state shall pay the costs 4 incurred by the county in providing detention care for 5 juveniles for the period of time prior to final court 6 disposition. The department shall develop an accounts payable 7 system to allocate costs that are payable by the counties. 8 (4) Notwithstanding subsection (3), the state shall 9 pay all costs of detention care for juveniles for which a 10 fiscally constrained county would otherwise be billed. 11 (a) By October 1, 2004, the department shall develop a 12 methodology for determining the amount of each fiscally 13 constrained county's costs of detention care for juveniles, 14 for the period of time prior to final court disposition, which 15 must be paid by the state. At a minimum, this methodology must 16 consider the difference between the amount appropriated to the 17 department for offsetting the costs associated with the 18 assignment of juvenile pretrial detention expenses to the 19 fiscally constrained county and the total estimated costs to 20 the fiscally constrained county, for the fiscal year, of 21 detention care for juveniles for the period of time prior to 22 final court disposition. 23 (b) Subject to legislative appropriation and based on 24 the methodology developed under paragraph (a), the department 25 shall provide funding to offset the costs to fiscally 26 constrained counties of detention care for juveniles for the 27 period of time prior to final court disposition. If county 28 matching funds are required by the department to eliminate the 29 difference calculated under paragraph (a) or the difference 30 between the actual costs of the fiscally constrained counties 31 and the amount appropriated in small county grants for use in 2 6:31 PM 04/29/04 c2564c-01
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 2564 Amendment No. 1 Barcode 512988 1 mitigating such costs, that match amount must be allocated 2 proportionately among all fiscally constrained counties. 3 (5) Each county shall incorporate into its annual 4 county budget sufficient funds to pay its costs of detention 5 care for juveniles who reside in that county for the period of 6 time prior to final court disposition. This amount shall be 7 based upon the prior use of secure detention for juveniles who 8 are residents of that county, as calculated by the department. 9 Each county shall pay the estimated costs at the beginning of 10 each month. Any difference between the estimated costs and 11 actual costs shall be reconciled at the end of the state 12 fiscal year. 13 (6) Each county shall pay to the department for 14 deposit into the Juvenile Justice Grants and Donations Trust 15 Fund its share of the county's total costs for juvenile 16 detention, based upon calculations published by the department 17 with input from the counties. 18 (7) The Department of Juvenile Justice shall determine 19 each quarter whether the counties of this state are remitting 20 to the department their share of the costs of detention as 21 required by this section. If the Department of Juvenile 22 Justice determines that any county is remitting less than the 23 amount required, the Chief Financial Officer shall withhold 24 from such county a portion of any state funds to which the 25 county may be entitled equal to the difference of the amount 26 remitted and the amount required to be remitted. 27 (8) The Department of Revenue and the counties shall 28 provide technical assistance as necessary to the Department of 29 Juvenile Justice in order to develop the most cost-effective 30 means of collection. 31 (9)(a) For juveniles who reside in other states, the 3 6:31 PM 04/29/04 c2564c-01
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 2564 Amendment No. 1 Barcode 512988 1 department shall negotiate with those states for the payment 2 of the costs of detention care for the period of time prior to 3 the final court disposition. 4 (b) For juveniles for whom no state of residence is 5 established, the department shall pay from state funds the 6 costs of detention care for the period of time prior to final 7 disposition. 8 (10) Funds received from counties and from other 9 states pursuant to this section are not subject to the service 10 charges provided in s. 215.20. 11 (11) The department may adopt rules to administer this 12 section. 13 Section 2. The Legislature determines and declares 14 that this act fulfills an important state interest. 15 Section 3. This act shall take effect October 1, 2004. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 Delete everything before the enacting clause 21 22 and insert: 23 A bill to be entitled 24 An act relating to shared county and state 25 responsibility for juvenile detention; creating 26 s. 985.2155, F.S.; providing that it is the 27 policy of the state that the state and counties 28 have a joint obligation to financially support 29 the detention care provided for juveniles; 30 providing definitions; requiring that a county 31 pay the costs of the Department of Juvenile 4 6:31 PM 04/29/04 c2564c-01
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 2564 Amendment No. 1 Barcode 512988 1 Justice in providing detention care to 2 juveniles unless the county is a fiscally 3 constrained county; requiring the department to 4 develop a methodology for determining the 5 amount to be paid by such counties; providing a 6 payment process; requiring the Chief Financial 7 Officer to withhold funds if a county fails to 8 remit the required amount to the Department of 9 Juvenile Justice; requiring the department to 10 negotiate for payment from other states for 11 costs incurred by juveniles who reside out of 12 state; requiring the department to pay the 13 detention costs for juveniles who do not have a 14 state of residence; exempting funds received by 15 the department in payment of the detention 16 expenses of juveniles from certain service 17 charges; authorizing the Department of Juvenile 18 Justice to adopt rules; providing that the act 19 fulfills an important state interest; providing 20 an effective date. 21 22 23 24 25 26 27 28 29 30 31 5 6:31 PM 04/29/04 c2564c-01