Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 1322
Ì285226,Î285226
LEGISLATIVE ACTION
Senate . House
Comm: RS .
02/15/2016 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Appropriations Subcommittee on Criminal and Civil Justice
(Evers) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (c) is added to subsection (2) of
6 section 985.686, Florida Statutes, present subsections (9) and
7 (11) of that section are redesignated as subsections (8) and
8 (10), respectively, and subsections (3) through (7) and present
9 subsections (8) and (10) of that section are amended, to read:
10 985.686 Shared county and state responsibility for juvenile
11 detention.—
12 (2) As used in this section, the term:
13 (c) “Total shared detention costs” means the amount of
14 funds expended by the department for the costs of detention care
15 in a fiscal year, minus any funds it expends on detention care
16 for juveniles residing in fiscally constrained counties or out
17 of state.
18 (3)(a) For the 2016-2017 fiscal year, each county that is
19 not a fiscally constrained county shall pay to the department
20 its annual percentage share of $42.5 million. By June 1, 2016,
21 the department shall calculate and provide to each such county
22 its annual percentage share by dividing the total number of
23 detention days for juveniles residing in that county for the
24 most recently completed 12-month period by the total number of
25 detention days for juveniles in all counties that are not
26 fiscally constrained counties during the same period. Beginning
27 July 1, 2016, each county shall pay to the department its annual
28 percentage share of $42.5 million, which shall be paid in 12
29 equal payments due on the first day of each month. The state
30 shall pay the remaining actual costs of detention care. This
31 paragraph expires June 30, 2017.
32 (b) For the 2017-2018 fiscal year, and each fiscal year
33 thereafter, each county that is not a fiscally constrained
34 county shall pay its annual percentage share of 50 percent of
35 the total shared detention costs for the prior calendar year. By
36 June 1, 2017, and each year thereafter, the department shall
37 calculate and provide to each such county its annual percentage
38 share by dividing the total number of detention days for
39 juveniles residing in that county in the most recently completed
40 12-month period by the total number of detention days for
41 juveniles in all counties that are not fiscally constrained
42 counties during the same period. The annual percentage share of
43 each county that is not a fiscally constrained county must be
44 multiplied by 50 percent of the total shared detention cost to
45 determine that county’s share of detention costs. Beginning July
46 1, each county shall pay to the department its share of
47 detention costs, which shall be paid in 12 equal payments due on
48 the first day of each month. The state shall pay the remaining
49 costs of detention care Each county shall pay the costs of
50 providing detention care, exclusive of the costs of any
51 preadjudicatory nonmedical educational or therapeutic services
52 and $2.5 million provided for additional medical and mental
53 health care at the detention centers, for juveniles for the
54 period of time prior to final court disposition. The department
55 shall develop an accounts payable system to allocate costs that
56 are payable by the counties.
57 (4) Notwithstanding subsection (3), The state shall pay all
58 costs of detention care for juveniles residing in for which a
59 fiscally constrained county and for juveniles residing out of
60 state. The state shall pay all costs of detention care for
61 juveniles housed in state detention centers in counties that
62 provide their own detention care for juveniles would otherwise
63 be billed.
64 (a) By October 1, 2004, the department shall develop a
65 methodology for determining the amount of each fiscally
66 constrained county’s costs of detention care for juveniles, for
67 the period of time prior to final court disposition, which must
68 be paid by the state. At a minimum, this methodology must
69 consider the difference between the amount appropriated to the
70 department for offsetting the costs associated with the
71 assignment of juvenile pretrial detention expenses to the
72 fiscally constrained county and the total estimated costs to the
73 fiscally constrained county, for the fiscal year, of detention
74 care for juveniles for the period of time prior to final court
75 disposition.
76 (b) Subject to legislative appropriation and based on the
77 methodology developed under paragraph (a), the department shall
78 provide funding to offset the costs to fiscally constrained
79 counties of detention care for juveniles for the period of time
80 prior to final court disposition. If county matching funds are
81 required by the department to eliminate the difference
82 calculated under paragraph (a) or the difference between the
83 actual costs of the fiscally constrained counties and the amount
84 appropriated in small county grants for use in mitigating such
85 costs, that match amount must be allocated proportionately among
86 all fiscally constrained counties.
87 (5) Each county that is not a fiscally constrained county
88 shall incorporate into its annual county budget sufficient funds
89 to pay its annual percentage share of 50 percent of the total
90 shared detention costs of detention care for juveniles who
91 reside in that county for the period of time prior to final
92 court disposition. This amount shall be based upon the prior use
93 of secure detention for juveniles who are residents of that
94 county, as calculated by the department. Each county shall pay
95 the estimated costs at the beginning of each month. Any
96 difference between the estimated costs and actual costs shall be
97 reconciled at the end of the state fiscal year.
98 (6) Funds paid by the counties to the department pursuant
99 to this section must be deposited Each county shall pay to the
100 department for deposit into the Shared County/State Juvenile
101 Detention Trust Fund its share of the county’s total costs for
102 juvenile detention, based upon calculations published by the
103 department with input from the counties.
104 (7) The department of Juvenile Justice shall determine each
105 quarter whether the counties of this state are remitting funds
106 as required to the department their share of the costs of
107 detention as required by this section.
108 (8) The Department of Revenue and the counties shall
109 provide technical assistance as necessary to the Department of
110 Juvenile Justice in order to develop the most cost-effective
111 means of collection.
112 (9)(10) This section does not apply to a any county that
113 provides detention care for preadjudicated juveniles or that
114 contracts with another county to provide detention care for
115 preadjudicated juveniles.
116 Section 2. Subsection (2) of section 985.6015, Florida
117 Statutes, is amended to read:
118 985.6015 Shared County/State Juvenile Detention Trust
119 Fund.—
120 (2) The fund is established for use as a depository for
121 funds to be used for the costs of predisposition juvenile
122 detention. Moneys credited to the trust fund shall consist of
123 funds from the counties’ share of the costs for predisposition
124 juvenile detention.
125 Section 3. Paragraph (a) of subsection (11) of section
126 985.688, Florida Statutes, is amended to read:
127 985.688 Administering county and municipal delinquency
128 programs and facilities.—
129 (11)(a) Notwithstanding the provisions of this section, a
130 county is in compliance with this section if:
131 1. The county provides the full cost for preadjudication
132 detention for juveniles;
133 2. The county authorizes the county sheriff, any other
134 county jail operator, or a contracted provider located inside or
135 outside the county to provide preadjudication detention care for
136 juveniles;
137 3. The county sheriff or other county jail operator is
138 accredited by the Florida Corrections Accreditation Commission
139 or American Correctional Association; and
140 4. The facility is inspected annually and meets the Florida
141 Model Jail Standards.
142 Section 4. This act shall take effect upon becoming a law.
143
144 ================= T I T L E A M E N D M E N T ================
145 And the title is amended as follows:
146 Delete everything before the enacting clause
147 and insert:
148 A bill to be entitled
149 An act relating to juvenile detention costs; amending
150 s. 985.686, F.S.; defining a term; revising the annual
151 contributions by certain counties for the costs of
152 detention care for juveniles; revising the methodology
153 by which the Department of Juvenile Justice determines
154 the percentage share for each county; requiring the
155 state to pay all costs of detention care for juveniles
156 residing out of state and for juveniles residing in
157 state detention centers in counties that provide their
158 own detention care for juveniles; deleting a
159 requirement that the Department of Revenue and the
160 counties provide certain technical assistance to the
161 Department of Juvenile Justice; revising the
162 applicability of specified provisions; amending ss.
163 985.6015 and 985.688, F.S.; conforming provisions to
164 changes made by the act; providing an effective date.