Florida Senate - 2014                                    SB 1532
       By Senator Bradley
       7-01273A-14                                           20141532__
    1                        A bill to be entitled                      
    2         An act relating to juvenile detention costs; amending
    3         s. 985.6015, F.S.; conforming provisions to changes
    4         made by the act; amending s. 985.686, F.S.; defining
    5         the term “actual cost”; revising the responsibilities
    6         of specified counties and the state relating to
    7         financial support for juvenile detention care;
    8         requiring the Department of Juvenile Justice to
    9         provide specified information to specified counties;
   10         conforming provisions to changes made by the act;
   11         deleting obsolete provisions; providing an effective
   12         date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Subsection (2) of section 985.6015, Florida
   17  Statutes, is amended to read:
   18         985.6015 Shared County/State Juvenile Detention Trust
   19  Fund.—
   20         (2) The fund is established for use as a depository for
   21  funds to be used for the costs of predisposition juvenile
   22  detention. Moneys credited to the trust fund shall consist of
   23  funds from the counties’ share of the costs for predisposition
   24  juvenile detention.
   25         Section 2. Section 985.686, Florida Statutes, is amended to
   26  read:
   27         985.686 Shared county and state responsibility for juvenile
   28  detention.—
   29         (1) It is the policy of this state that the state and the
   30  counties have a joint obligation, as provided in this section,
   31  to contribute to the financial support of the detention care
   32  provided for juveniles.
   33         (2) As used in this section, the term:
   34         (a) “Actual cost” means the funds that the department
   35  expends for providing detention care less any funds that it
   36  receives from the Grants and Donations Trust Fund and the
   37  Federal Grants Trust Fund.
   38         (b)(a) “Detention care” means secure detention and respite
   39  beds for juveniles charged with a domestic violence crime.
   40         (c)(b) “Fiscally constrained county” means a county within
   41  a rural area of critical economic concern as designated by the
   42  Governor pursuant to s. 288.0656 or each county for which the
   43  value of a mill will raise no more than $5 million in revenue,
   44  based on the certified school taxable value certified pursuant
   45  to s. 1011.62(4)(a)1.a., from the previous July 1.
   46         (d) “Participating county” means a county that is not a
   47  fiscally constrained county and that does not provide detention
   48  care for juveniles or contract with another county to provide
   49  such care.
   50         (3)(a) Each participating county shall pay its share of the
   51  total actual cost costs of providing detention care as
   52  determined by the department pursuant to subsection
   53  (5),exclusive of the costs of any preadjudicatory nonmedical
   54  educational or therapeutic services and $2.5 million provided
   55  for additional medical and mental health care at the detention
   56  centers, for juveniles for the period of time prior to final
   57  court disposition. The department shall develop an accounts
   58  payable system to allocate costs that are payable by the
   59  counties.
   60         (b) The state shall pay:
   61         1. Fifty percent of the total actual cost of providing
   62  detention care in participating counties as determined by the
   63  department pursuant to subsection (5);
   64         2. The actual cost of detention care for fiscally
   65  constrained counties in the manner described in subsection (4);
   66  and
   67         3. The actual cost of providing detention care for
   68  juveniles residing out of state.
   69         (4) Notwithstanding subsection (3), the state shall pay all
   70  costs of detention care for juveniles for which a fiscally
   71  constrained county would otherwise be billed.
   72         (a) By October 1, 2004, the department shall develop a
   73  methodology for determining the amount of each fiscally
   74  constrained county’s costs of detention care for juveniles, for
   75  the period of time prior to final court disposition, which must
   76  be paid by the state. At a minimum, this methodology must
   77  consider the difference between the amount appropriated to the
   78  department for offsetting the costs associated with the
   79  assignment of juvenile pretrial detention expenses to the
   80  fiscally constrained county and the total estimated costs to the
   81  fiscally constrained county, for the fiscal year, of detention
   82  care for juveniles for the period of time prior to final court
   83  disposition.
   84         (b) Subject to legislative appropriation and based on the
   85  methodology developed under paragraph (a), the department shall
   86  provide funding to offset the actual cost costs to fiscally
   87  constrained counties of providing detention care for juveniles
   88  for the period of time prior to final court disposition. If
   89  county matching funds are required by the department to
   90  eliminate the difference calculated under paragraph (a) or the
   91  difference between the actual cost to costs of the fiscally
   92  constrained counties and the amount appropriated in small county
   93  grants for use in mitigating such costs, that match amount must
   94  be allocated proportionately among all fiscally constrained
   95  counties.
   96         (5) Each participating county shall incorporate into its
   97  annual county budget sufficient funds to pay its share of the
   98  actual cost costs of detention care for juveniles who reside
   99  resided in that county for the prior fiscal year the period of
  100  time prior to final court disposition. This amount shall be
  101  based upon the prior use of secure detention for juveniles who
  102  are residents of that county, as calculated by the department.
  103  Each county shall pay the estimated costs at the beginning of
  104  each month. Any difference between the estimated costs and
  105  actual costs shall be reconciled at the end of the state fiscal
  106  year.
  107         (a) The department shall determine the actual cost of
  108  detention care and the number of detention days used by each
  109  county at the end of each fiscal year.
  110         (b) By August 1 of each year, the department shall inform
  111  each participating county of its percentage of detention care
  112  use and the amount of its share of the actual cost of detention
  113  care for the prior state fiscal year. Each such county shall pay
  114  the department one-twelfth of its share of actual costs for the
  115  prior state fiscal year by the first day of each month,
  116  beginning on July 1 of the year following receipt of the
  117  information.
  118         (c) The department shall calculate the percentage of
  119  detention care use for each participating county by dividing the
  120  total number of detention days for juveniles residing in the
  121  county during the prior state fiscal year by the total number of
  122  detention days for all juveniles residing in such counties for
  123  the prior state fiscal year.
  124         (d) The department shall calculate the share of actual
  125  costs for each participating county by multiplying the county’s
  126  percentage of detention care use by 50 percent of the total
  127  actual cost of detention care for all such counties.
  128         (6) Each county shall pay to the department for deposit
  129  into the Shared County/State Juvenile Detention Trust Fund its
  130  share of the county’s total actual cost costs for juvenile
  131  detention, based upon calculations published by the department
  132  with input from the counties.
  133         (7) The Department of Juvenile Justice shall determine each
  134  quarter whether the counties of this state are remitting to the
  135  department their share of the cost costs of detention as
  136  required by this section.
  137         (8) The Department of Revenue and the counties shall
  138  provide technical assistance as necessary to the Department of
  139  Juvenile Justice in order to develop the most cost-effective
  140  means of collection.
  141         (9) Funds received from counties pursuant to this section
  142  are not subject to the service charges provided in s. 215.20.
  143         (10) This section does not apply to a any county that
  144  provides detention care for preadjudicated juveniles or that
  145  contracts with another county to provide detention care for
  146  preadjudicated juveniles.
  147         (11) The department may adopt rules to administer this
  148  section.
  149         Section 3. This act shall take effect July 1, 2014.