CS for SB 1322                                  Second Engrossed
       
       
       
       
       
       
       
       
       20161322e2
       
    1                        A bill to be entitled                      
    2         An act relating to juvenile detention costs; creating
    3         s. 985.6865, F.S.; providing legislative findings and
    4         intent; defining terms; requiring certain counties
    5         that are not fiscally constrained counties to each pay
    6         to the Department of Juvenile Justice its annual
    7         percentage share of specified amounts for specified
    8         fiscal years; requiring such counties to pay its
    9         annual percentage share of the specified amounts in 12
   10         equal payments beginning on a specified date; creating
   11         the methodology by which the department determines the
   12         percentage share for each county; providing an
   13         expiration date; requiring the state to pay all costs
   14         of detention care for juveniles residing in a fiscally
   15         constrained county, residing out of state, and
   16         residing in state detention centers in counties that
   17         provide their own detention care for juveniles;
   18         requiring a county that is not fiscally constrained
   19         county to incorporate into its annual budget
   20         sufficient funds to pay its annual percentage share;
   21         requiring certain funds to be deposited into the
   22         Shared County/State Juvenile Detention Trust Fund;
   23         requiring the department to determine certain
   24         compliance on a quarterly basis; exempting certain
   25         funds collected from specified service charges;
   26         providing rulemaking; amending ss. 985.6015 and
   27         985.688, F.S.; conforming provisions to changes made
   28         by the act; providing appropriations; providing
   29         effective dates.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 985.6865, Florida Statutes, is created
   34  to read:
   35         985.6865 Juvenile detention.—
   36         (1) The Legislature finds that various counties and the
   37  Department of Juvenile Justice have engaged in a multitude of
   38  legal proceedings regarding detention cost sharing for
   39  juveniles. Such litigation has largely focused on how the
   40  Department of Juvenile Justice calculates the detention costs
   41  that the counties are responsible for paying, leading to the
   42  overbilling of counties for a period of years. Additionally,
   43  litigation pending in 2016 is a financial burden on the
   44  taxpayers of this state.
   45         (2) It is the intent of the Legislature that all counties
   46  that are not fiscally constrained counties and that have pending
   47  administrative or judicial claims or challenges file a notice of
   48  voluntary dismissal with prejudice to dismiss all actions
   49  pending on or before February 1, 2016, against the state or any
   50  state agency related to juvenile detention cost sharing.
   51  Furthermore, all counties that are not fiscally constrained
   52  shall execute a release and waiver of any existing or future
   53  claims and actions arising from detention cost share prior to
   54  the 2016-2017 fiscal year. The department may not seek
   55  reimbursement from counties complying with this subsection for
   56  any underpayment for any cost-sharing requirements before the
   57  2016-2017 fiscal year.
   58         (3) As used in this section, the term:
   59         (a) “Detention care” means secure detention and respite
   60  beds for juveniles charged with a domestic violence crime.
   61         (b) “Fiscally constrained county” means a county within a
   62  rural area of opportunity as designated by the Governor pursuant
   63  to s. 288.0656 or each county for which the value of a mill will
   64  raise no more than $5 million in revenue, based on the certified
   65  school taxable value certified pursuant to s. 1011.62(4)(a)1.a.,
   66  from the previous July 1.
   67         (c) “Total shared detention costs” means the amount of
   68  funds expended by the department for the costs of detention care
   69  for the prior fiscal year. This amount includes the most recent
   70  actual certify forward amounts minus any funds it expends on
   71  detention care for juveniles residing in fiscally constrained
   72  counties or out of state.
   73         (4)(a) Notwithstanding s. 985.686 and for the 2016-2017
   74  state fiscal year, each county that is not a fiscally
   75  constrained county that has taken the action fulfilling the
   76  intent of this legislation as described in subsection (2) shall
   77  pay to the department its annual percentage share of $42.5
   78  million. By June 1, 2016, the department shall calculate and
   79  provide to each county that is not a fiscally constrained county
   80  its annual percentage share by dividing the total number of
   81  detention days for juveniles residing in that county for the
   82  most recently completed 12-month period by the total number of
   83  detention days for juveniles in all counties that are not
   84  fiscally constrained counties during the same period. Beginning
   85  July 1, 2016, each such county shall pay to the department its
   86  annual percentage share of $42.5 million, which shall be paid in
   87  12 equal payments due on the first day of each month. The state
   88  shall pay the remaining actual costs of detention care. This
   89  paragraph expires June 30, 2017.
   90         (b) Notwithstanding s. 985.686, for the 2017-2018 fiscal
   91  year, and each fiscal year thereafter, each county that is not a
   92  fiscally constrained county and that has taken the action
   93  fulfilling the intent of this section as described in subsection
   94  (2) shall pay its annual percentage share of 50 percent of the
   95  total shared detention costs. By July 15, 2017, and each year
   96  thereafter, the department shall calculate and provide to each
   97  county that is not a fiscally constrained county its annual
   98  percentage share by dividing the total number of detention days
   99  for juveniles residing in the county for the most recently
  100  completed 12-month period by the total number of detention days
  101  for juveniles in all counties that are not fiscally constrained
  102  counties during the same period. The annual percentage share of
  103  each county that is not a fiscally constrained county must be
  104  multiplied by 50 percent of the total shared detention costs to
  105  determine that county’s share of detention costs. Beginning
  106  August 1, each such county shall pay to the department its share
  107  of detention costs, which shall be paid in 12 equal payments due
  108  on the first day of each month. The state shall pay the
  109  remaining actual costs of detention care.
  110         (5) The state shall pay all costs of detention care for
  111  juveniles residing in a fiscally constrained county and for
  112  juveniles residing out of state. The state shall pay all costs
  113  of detention care for juveniles housed in state detention
  114  centers from counties that provide their own detention care for
  115  juveniles.
  116         (6) Each county that is not a fiscally constrained county
  117  and that has taken the action fulfilling the intent of this
  118  section as described in subsection (2) shall incorporate into
  119  its annual county budget sufficient funds to pay its annual
  120  percentage share of the total shared detention costs required by
  121  subsection (4).
  122         (7) Funds paid by the counties to the department pursuant
  123  to this section must be deposited into the Shared County/State
  124  Juvenile Detention Trust Fund.
  125         (8) The department shall determine each quarter whether the
  126  counties are remitting funds as required by this section.
  127         (9) Funds received from counties pursuant to this section
  128  are not subject to the service charges provided in s. 215.20.
  129         (10) The department may adopt rules to administer this
  130  section.
  131         Section 2. Subsection (2) of section 985.6015, Florida
  132  Statutes, is amended to read:
  133         985.6015 Shared County/State Juvenile Detention Trust
  134  Fund.—
  135         (2) The fund is established for use as a depository for
  136  funds to be used for the costs of predisposition juvenile
  137  detention. Moneys credited to the trust fund shall consist of
  138  funds from the counties’ share of the costs for predisposition
  139  juvenile detention.
  140         Section 3. Paragraph (a) of subsection (11) of section
  141  985.688, Florida Statutes, is amended to read:
  142         985.688 Administering county and municipal delinquency
  143  programs and facilities.—
  144         (11)(a) Notwithstanding the provisions of this section, a
  145  county is in compliance with this section if:
  146         1. The county provides the full cost for preadjudication
  147  detention for juveniles;
  148         2. The county authorizes the county sheriff, any other
  149  county jail operator, or a contracted provider located inside or
  150  outside the county to provide preadjudication detention care for
  151  juveniles;
  152         3. The county sheriff or other county jail operator is
  153  accredited by the Florida Corrections Accreditation Commission
  154  or American Correctional Association; and
  155         4. The facility is inspected annually and meets the Florida
  156  Model Jail Standards.
  157         Section 4. Effective July 1, 2016, for the 2016-2017 fiscal
  158  year, the sum of $7.3 million in recurring funds and the sum of
  159  $3.5 million in nonrecurring funds is appropriated from the
  160  General Revenue Fund to the Department of Juvenile Justice for
  161  the purpose of implementing s. 985.6865, Florida Statutes, as
  162  created by this act. These funds supplement the funds
  163  appropriated to the department in the 2016-2017 General
  164  Appropriations Act to pay the state’s costs for juvenile
  165  detention.
  166         Section 5. Except as otherwise provided in this act, this
  167  act shall take effect upon becoming a law.