Florida Senate - 2016              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1322
       
       
       
       
       
                               Ì105452ÅÎ105452                          
       
       576-03400-16                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    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          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (c) is added to subsection (2) of
   23  section 985.686, Florida Statutes, present subsections (9) and
   24  (11) of that section are redesignated as subsections (8) and
   25  (10), respectively, and subsections (3) through (7) and present
   26  subsections (8) and (10) of that section are amended, to read:
   27         985.686 Shared county and state responsibility for juvenile
   28  detention.—
   29         (2) As used in this section, the term:
   30         (c) “Total shared detention costs” means the amount of
   31  funds expended by the department for the costs of detention care
   32  for the prior fiscal year. This amount is including the most
   33  recent actual certify forward amounts minus any funds it expends
   34  on detention care for juveniles residing in fiscally constrained
   35  counties or out of state.
   36         (3)(a)For the 2016-2017 fiscal year, each county that is
   37  not a fiscally constrained county shall pay to the department
   38  its annual percentage share of $42.5 million. By June 1, 2016,
   39  the department shall calculate and provide to each such county
   40  its annual percentage share by dividing the total number of
   41  detention days for juveniles residing in that county for the
   42  most recently completed 12-month period by the total number of
   43  detention days for juveniles in all counties that are not
   44  fiscally constrained counties during the same period. Beginning
   45  July 1, 2016, each county shall pay to the department its annual
   46  percentage share of $42.5 million, which shall be paid in 12
   47  equal payments due on the first day of each month. The state
   48  shall pay the remaining actual costs of detention care. This
   49  paragraph expires June 30, 2017.
   50         (b) For the 2017-2018 fiscal year, and each fiscal year
   51  thereafter, each county that is not a fiscally constrained
   52  county shall pay its annual percentage share of 50 percent of
   53  the total shared detention costs for the prior fiscal year. By
   54  June 1, 2017, and each year thereafter, the department shall
   55  calculate and provide to each such county its annual percentage
   56  share by dividing the total number of detention days for
   57  juveniles residing in that county in the most recently completed
   58  12-month period by the total number of detention days for
   59  juveniles in all counties that are not fiscally constrained
   60  counties during the same period. The annual percentage share of
   61  each county that is not a fiscally constrained county must be
   62  multiplied by 50 percent of the total shared detention costs to
   63  determine that county’s share of detention costs. Beginning July
   64  1, each county shall pay to the department its share of
   65  detention costs, which shall be paid in 12 equal payments due on
   66  the first day of each month. The state shall pay the remaining
   67  costs of detention care Each county shall pay the costs of
   68  providing detention care, exclusive of the costs of any
   69  preadjudicatory nonmedical educational or therapeutic services
   70  and $2.5 million provided for additional medical and mental
   71  health care at the detention centers, for juveniles for the
   72  period of time prior to final court disposition. The department
   73  shall develop an accounts payable system to allocate costs that
   74  are payable by the counties.
   75         (4) Notwithstanding subsection (3), The state shall pay all
   76  costs of detention care for juveniles residing in for which a
   77  fiscally constrained county and for juveniles residing out of
   78  state. The state shall pay all costs of detention care for
   79  juveniles housed in state detention centers in counties that
   80  provide their own detention care for juveniles would otherwise
   81  be billed.
   82         (a) By October 1, 2004, the department shall develop a
   83  methodology for determining the amount of each fiscally
   84  constrained county’s costs of detention care for juveniles, for
   85  the period of time prior to final court disposition, which must
   86  be paid by the state. At a minimum, this methodology must
   87  consider the difference between the amount appropriated to the
   88  department for offsetting the costs associated with the
   89  assignment of juvenile pretrial detention expenses to the
   90  fiscally constrained county and the total estimated costs to the
   91  fiscally constrained county, for the fiscal year, of detention
   92  care for juveniles for the period of time prior to final court
   93  disposition.
   94         (b) Subject to legislative appropriation and based on the
   95  methodology developed under paragraph (a), the department shall
   96  provide funding to offset the costs to fiscally constrained
   97  counties of detention care for juveniles for the period of time
   98  prior to final court disposition. If county matching funds are
   99  required by the department to eliminate the difference
  100  calculated under paragraph (a) or the difference between the
  101  actual costs of the fiscally constrained counties and the amount
  102  appropriated in small county grants for use in mitigating such
  103  costs, that match amount must be allocated proportionately among
  104  all fiscally constrained counties.
  105         (5) Each county that is not a fiscally constrained county
  106  shall incorporate into its annual county budget sufficient funds
  107  to pay its annual percentage share of 50 percent of the total
  108  shared detention costs of detention care for juveniles who
  109  reside in that county for the period of time prior to final
  110  court disposition. This amount shall be based upon the prior use
  111  of secure detention for juveniles who are residents of that
  112  county, as calculated by the department. Each county shall pay
  113  the estimated costs at the beginning of each month. Any
  114  difference between the estimated costs and actual costs shall be
  115  reconciled at the end of the state fiscal year.
  116         (6) Funds paid by the counties to the department pursuant
  117  to this section must be deposited Each county shall pay to the
  118  department for deposit into the Shared County/State Juvenile
  119  Detention Trust Fund its share of the county’s total costs for
  120  juvenile detention, based upon calculations published by the
  121  department with input from the counties.
  122         (7) The department of Juvenile Justice shall determine each
  123  quarter whether the counties of this state are remitting funds
  124  as required to the department their share of the costs of
  125  detention as required by this section.
  126         (8) The Department of Revenue and the counties shall
  127  provide technical assistance as necessary to the Department of
  128  Juvenile Justice in order to develop the most cost-effective
  129  means of collection.
  130         (9)(10) This section does not apply to a any county that
  131  provides detention care for preadjudicated juveniles or that
  132  contracts with another county to provide detention care for
  133  preadjudicated juveniles.
  134         Section 2. Subsection (2) of section 985.6015, Florida
  135  Statutes, is amended to read:
  136         985.6015 Shared County/State Juvenile Detention Trust
  137  Fund.—
  138         (2) The fund is established for use as a depository for
  139  funds to be used for the costs of predisposition juvenile
  140  detention. Moneys credited to the trust fund shall consist of
  141  funds from the counties’ share of the costs for predisposition
  142  juvenile detention.
  143         Section 3. Paragraph (a) of subsection (11) of section
  144  985.688, Florida Statutes, is amended to read:
  145         985.688 Administering county and municipal delinquency
  146  programs and facilities.—
  147         (11)(a) Notwithstanding the provisions of this section, a
  148  county is in compliance with this section if:
  149         1. The county provides the full cost for preadjudication
  150  detention for juveniles;
  151         2. The county authorizes the county sheriff, any other
  152  county jail operator, or a contracted provider located inside or
  153  outside the county to provide preadjudication detention care for
  154  juveniles;
  155         3. The county sheriff or other county jail operator is
  156  accredited by the Florida Corrections Accreditation Commission
  157  or American Correctional Association; and
  158         4. The facility is inspected annually and meets the Florida
  159  Model Jail Standards.
  160         Section 4. This act shall take effect upon becoming a law.