Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1322
       
       
       
       
       
       
                                Ì558532+Î558532                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/25/2016           .                                
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       The Committee on Appropriations (Latvala) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 985.686, Florida
    6  Statutes, is amended, paragraph (c) is added to subsection (2),
    7  subsections (3) through (8) of that section are amended, present
    8  subsections (9) and (11) of that section are redesignated as
    9  subsections (8) and (10), respectively, and present subsection
   10  (10) of that section is amended, to read:
   11         985.686 Shared county and state responsibility for juvenile
   12  detention.—
   13         (1)(a) It is the policy of this state that the state and
   14  the counties have a joint obligation, as provided in this
   15  section, to contribute to the financial support of the detention
   16  care provided for juveniles.
   17         (b) The Legislature finds that various counties and the
   18  Department of Juvenile Justice have engaged in a multitude of
   19  legal proceedings regarding detention cost sharing for
   20  juveniles. Such litigation has largely focused on how the
   21  Department of Juvenile Justice calculates the detention costs
   22  that the counties are responsible for paying. Additionally,
   23  litigation pending in 2016 is a financial burden on the
   24  taxpayers of this state.
   25         (c) It is the intent of the Legislature that all counties
   26  that are not fiscally constrained counties and that have pending
   27  administrative or judicial claims or challenges file a notice of
   28  voluntary dismissal with prejudice to dismiss all actions
   29  pending on or before February 1, 2016, against the state or any
   30  state agency related to juvenile detention cost sharing.
   31  Furthermore, all counties that are not fiscally constrained
   32  shall execute a release and waiver of any existing or future
   33  claims and actions arising from detention cost sharing for the
   34  2015-2016 fiscal year. The department may not seek reimbursement
   35  from counties complying with this subsection for any
   36  underpayment for any cost-sharing requirements before the 2016
   37  2017 fiscal year.
   38         (2) As used in this section, the term:
   39         (c) “Total shared detention costs” means the amount of
   40  funds expended by the department for the costs of detention care
   41  for the prior fiscal year. This amount includes the most recent
   42  actual certify forward amounts minus any funds it expends on
   43  detention care for juveniles residing in fiscally constrained
   44  counties or out of state.
   45         (3)(a)For the 2016-2017 fiscal year, and each fiscal year
   46  thereafter, each county that is not a fiscally constrained
   47  county and that has taken the action fulfilling the intent of
   48  this legislation as described in paragraph (1)(c) shall pay its
   49  annual percentage share of 50 percent of the total shared
   50  detention costs. By July 15, 2016, and each year thereafter, the
   51  department shall calculate and provide to each such county its
   52  annual percentage share by dividing the total number of
   53  detention days for juveniles residing in the county for the most
   54  recently completed 12-month period by the total number of
   55  detention days for juveniles in all counties that are not
   56  fiscally constrained counties during the same period. The annual
   57  percentage share of each county that is not a fiscally
   58  constrained county must be multiplied by 50 percent of the total
   59  shared detention costs to determine that county’s share of
   60  detention costs. Beginning August 1, each county shall pay to
   61  the department its share of detention costs, which shall be paid
   62  in 12 equal payments due on the first day of each month. The
   63  state shall pay the remaining actual costs of detention care
   64  Each county shall pay the costs of providing detention care,
   65  exclusive of the costs of any preadjudicatory nonmedical
   66  educational or therapeutic services and $2.5 million provided
   67  for additional medical and mental health care at the detention
   68  centers, for juveniles for the period of time prior to final
   69  court disposition. The department shall develop an accounts
   70  payable system to allocate costs that are payable by the
   71  counties.
   72         (b) For the 2016-2017 fiscal year, and each fiscal year
   73  thereafter, each county that is not a fiscally constrained
   74  county and that has not taken the action fulfilling the intent
   75  of this legislation as described in paragraph (1)(c) shall pay
   76  its annual percentage share of 57 percent of the total shared
   77  detention costs. By July 15, 2016, and each year thereafter, the
   78  department shall calculate and provide to each such county its
   79  annual percentage share by dividing the total number of
   80  detention days for juveniles residing in that county in the most
   81  recently completed 12-month period by the total number of
   82  detention days for juveniles in all counties that are not
   83  fiscally constrained counties during the same period. The annual
   84  percentage share of each county that is not a fiscally
   85  constrained county must be multiplied by 57 percent of the total
   86  shared detention costs to determine that county’s share of
   87  detention costs. Beginning August 1, each county shall pay to
   88  the department its share of detention costs, which shall be paid
   89  in 12 equal payments due on the first day of each month. The
   90  state shall pay the remaining actual costs of detention care.
   91         (4) Notwithstanding subsection (3), The state shall pay all
   92  costs of detention care for juveniles residing in for which a
   93  fiscally constrained county and for juveniles residing out of
   94  state would otherwise be billed. The state shall pay all costs
   95  of detention care for juveniles housed in state detention
   96  centers from counties that provide their own detention care for
   97  juveniles.
   98         (a) By October 1, 2004, the department shall develop a
   99  methodology for determining the amount of each fiscally
  100  constrained county’s costs of detention care for juveniles, for
  101  the period of time prior to final court disposition, which must
  102  be paid by the state. At a minimum, this methodology must
  103  consider the difference between the amount appropriated to the
  104  department for offsetting the costs associated with the
  105  assignment of juvenile pretrial detention expenses to the
  106  fiscally constrained county and the total estimated costs to the
  107  fiscally constrained county, for the fiscal year, of detention
  108  care for juveniles for the period of time prior to final court
  109  disposition.
  110         (b) Subject to legislative appropriation and based on the
  111  methodology developed under paragraph (a), the department shall
  112  provide funding to offset the costs to fiscally constrained
  113  counties of detention care for juveniles for the period of time
  114  prior to final court disposition. If county matching funds are
  115  required by the department to eliminate the difference
  116  calculated under paragraph (a) or the difference between the
  117  actual costs of the fiscally constrained counties and the amount
  118  appropriated in small county grants for use in mitigating such
  119  costs, that match amount must be allocated proportionately among
  120  all fiscally constrained counties.
  121         (5) Each county that is not a fiscally constrained county
  122  shall incorporate into its annual county budget sufficient funds
  123  to pay its annual percentage share of the total shared detention
  124  costs required by subsection (3) of detention care for juveniles
  125  who reside in that county for the period of time prior to final
  126  court disposition. This amount shall be based upon the prior use
  127  of secure detention for juveniles who are residents of that
  128  county, as calculated by the department. Each county shall pay
  129  the estimated costs at the beginning of each month. Any
  130  difference between the estimated costs and actual costs shall be
  131  reconciled at the end of the state fiscal year.
  132         (6) Funds paid by the counties to the department pursuant
  133  to this section must be deposited Each county shall pay to the
  134  department for deposit into the Shared County/State Juvenile
  135  Detention Trust Fund its share of the county’s total costs for
  136  juvenile detention, based upon calculations published by the
  137  department with input from the counties.
  138         (7) The department of Juvenile Justice shall determine each
  139  quarter whether the counties of this state are remitting funds
  140  as required to the department their share of the costs of
  141  detention as required by this section. If the department
  142  determines that a county is not remitting funds as required, the
  143  department shall direct the Department of Revenue to deduct the
  144  amount owed to the department from the funds provided to the
  145  county under s. 218.23. The Department of Revenue shall transfer
  146  the funds withheld to the Shared County/State Juvenile Detention
  147  Trust Fund.
  148         (8) The Department of Revenue and the counties shall
  149  provide technical assistance as necessary to the Department of
  150  Juvenile Justice in order to develop the most cost-effective
  151  means of collection.
  152         (9)(10) This section does not apply to a any county that
  153  provides detention care for preadjudicated juveniles or that
  154  contracts with another county to provide detention care for
  155  preadjudicated juveniles.
  156         Section 2. Subsection (2) of section 985.6015, Florida
  157  Statutes, is amended to read:
  158         985.6015 Shared County/State Juvenile Detention Trust
  159  Fund.—
  160         (2) The fund is established for use as a depository for
  161  funds to be used for the costs of predisposition juvenile
  162  detention. Moneys credited to the trust fund shall consist of
  163  funds from the counties’ share of the costs for predisposition
  164  juvenile detention.
  165         Section 3. Paragraph (a) of subsection (11) of section
  166  985.688, Florida Statutes, is amended to read:
  167         986.688 Administering county and municipal delinquency
  168  programs and facilities.-
  169         (11)(a) Notwithstanding the provisions of this section, a
  170  county is in compliance with this section if:
  171         1. The county provides the full cost for preadjudication
  172  detention for juveniles;
  173         2. The county authorizes the county sheriff, any other
  174  county jail operator, or a contracted provider located inside or
  175  outside the county to provide preadjudication detention care for
  176  juveniles;
  177         3. The county sheriff or other county jail operator is
  178  accredited by the Florida Corrections Accreditation Commission
  179  or American Correctional Association; and
  180         4. The facility is inspected annually and meets the Florida
  181  Model Jail Standards.
  182         Section 4. This act shall take effect upon coming law.
  183  
  184  ================= T I T L E  A M E N D M E N T ================
  185  And the title is amended as follows:
  186         Delete everything before the enacting clause
  187  and insert:
  188                        A bill to be entitled                      
  189         An act related to juvenile detention costs; amending
  190         s. 985.686, F.S.; providing legislative findings;
  191         providing legislative intent; defining a term;
  192         revising provisions relating to state payments for
  193         costs of juveniles residing in fiscally constrained
  194         counties; revising provisions relating to the
  195         development and use of a methodology for determining
  196         each county’s share of juvenile detention costs;
  197         providing that the state shall pay all costs of
  198         detention care for juveniles housed in certain
  199         detention centers; providing for calculation of cost
  200         sharing of counties that are not fiscally constrained;
  201         specifying duties of the Department of Juvenile
  202         Justice; amending ss. 985.6015 and 986.688, F.S.;
  203         conforming provisions to changes made by the act;
  204         providing an effective date.