Florida Senate - 2020              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1144
       
       
       
       
       
                               Ì773848WÎ773848                          
       
       576-03590-20                                                    
       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 the Department of Juvenile Justice;
    3         amending s. 20.316, F.S.; revising the name of a
    4         program and creating an additional program within the
    5         Department of Juvenile Justice; conforming a provision
    6         to changes made by the act; repealing s. 985.686,
    7         F.S., relating to shared county and state
    8         responsibility for juvenile detention; amending s.
    9         985.6865, F.S.; deleting provisions relating to
   10         legislative findings and legislative intent; deleting
   11         a provision requiring each county that is not a
   12         fiscally constrained county to pay its annual
   13         percentage share of the total shared detention costs;
   14         requiring the Department of Juvenile Justice to
   15         calculate and provide to each county that is not a
   16         fiscally constrained county and that does not provide
   17         its own detention care for juveniles its annual
   18         percentage share; requiring each county that is not a
   19         fiscally constrained county and that does not provide
   20         its own detention care for juveniles to incorporate
   21         into its annual budget sufficient funds to pay its
   22         annual percentage share; conforming a provision to
   23         changes made by the act; conforming a cross-reference;
   24         providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsections (2) and (3) of section 20.316,
   29  Florida Statutes, are amended to read:
   30         20.316 Department of Juvenile Justice.—There is created a
   31  Department of Juvenile Justice.
   32         (2) DEPARTMENT PROGRAMS.—The following programs are
   33  established within the Department of Juvenile Justice:
   34         (a)Accountability and Program Support.
   35         (d)(a) Prevention and Victim Services.
   36         (c)(b) Intake and Detention.
   37         (f)(c) Residential and Correctional Facilities.
   38         (e)(d) Probation and Community Corrections.
   39         (b)(e) Administration.
   40  
   41  The secretary may establish assistant secretary positions and a
   42  chief of staff position as necessary to administer the
   43  requirements of this section.
   44         (3) JUVENILE JUSTICE OPERATING CIRCUITS.—The department
   45  shall plan and administer its programs through a substate
   46  structure that conforms to the boundaries of the judicial
   47  circuits prescribed in s. 26.021. A county may seek placement in
   48  a juvenile justice operating circuit other than as prescribed in
   49  s. 26.021 for participation in the Prevention and Victim
   50  Services Program and the Probation and Community Corrections
   51  Program by making a request of the chief circuit judge in each
   52  judicial circuit affected by such request. Upon a showing that
   53  geographic proximity, community identity, or other legitimate
   54  concern for efficiency of operations merits alternative
   55  placement, each affected chief circuit judge may authorize the
   56  execution of an interagency agreement specifying the alternative
   57  juvenile justice operating circuit in which the county is to be
   58  placed and the basis for the alternative placement. Upon the
   59  execution of said interagency agreement by each affected chief
   60  circuit judge, the secretary may administratively place a county
   61  in an alternative juvenile justice operating circuit pursuant to
   62  the agreement.
   63         Section 2. Section 985.686, Florida Statutes, is repealed.
   64         Section 3. Subsections (1) through (4) and (6) of section
   65  985.6865, Florida Statutes, are amended to read:
   66         985.6865 Juvenile detention.—
   67         (1) The Legislature finds that various counties and the
   68  Department of Juvenile Justice have engaged in a multitude of
   69  legal proceedings regarding detention cost sharing for
   70  juveniles. Such litigation has largely focused on how the
   71  Department of Juvenile Justice calculates the detention costs
   72  that the counties are responsible for paying, leading to the
   73  overbilling of counties for a period of years. Additionally,
   74  litigation pending in 2016 is a financial burden on the
   75  taxpayers of this state.
   76         (2) It is the intent of the Legislature that all counties
   77  that are not fiscally constrained counties and that have pending
   78  administrative or judicial claims or challenges file a notice of
   79  voluntary dismissal with prejudice to dismiss all actions
   80  pending on or before February 1, 2016, against the state or any
   81  state agency related to juvenile detention cost sharing.
   82  Furthermore, all counties that are not fiscally constrained
   83  shall execute a release and waiver of any existing or future
   84  claims and actions arising from detention cost share prior to
   85  the 2016-2017 fiscal year. The department may not seek
   86  reimbursement from counties complying with this subsection for
   87  any underpayment for any cost-sharing requirements before the
   88  2016-2017 fiscal year.
   89         (1)(3) As used in this section, the term:
   90         (a) “Detention care” means secure detention and respite
   91  beds for juveniles charged with a domestic violence crime.
   92         (b) “Fiscally constrained county” means a county within a
   93  rural area of opportunity as designated by the Governor pursuant
   94  to s. 288.0656 or each county for which the value of a mill will
   95  raise no more than $5 million in revenue, based on the certified
   96  school taxable value certified pursuant to s. 1011.62(4)(a)1.a.,
   97  from the previous July 1.
   98         (c) “Total shared detention costs” means the amount of
   99  funds expended by the department for the costs of detention care
  100  for the prior fiscal year. This amount includes the most recent
  101  actual certify forward amounts minus any funds it expends on
  102  detention care for juveniles residing in fiscally constrained
  103  counties or out of state.
  104         (2)(4)Notwithstanding s. 985.686, for the 2017-2018 fiscal
  105  year, and each fiscal year thereafter, each county that is not a
  106  fiscally constrained county and that has taken the action
  107  fulfilling the intent of this section as described in subsection
  108  (2) shall pay its annual percentage share of 50 percent of the
  109  total shared detention costs. Annually by July 15, 2017, and
  110  each year thereafter, the department shall calculate and provide
  111  to each county that is not a fiscally constrained county and
  112  that does not provide its own detention care for juveniles its
  113  annual percentage share by dividing the total number of
  114  detention days for juveniles residing in the county for the most
  115  recently completed 12-month period by the total number of
  116  detention days for juveniles in all counties that are not
  117  fiscally constrained counties during the same period. The annual
  118  percentage share of each county that is not a fiscally
  119  constrained county and that does not provide its own detention
  120  care for juveniles must be multiplied by 50 percent of the total
  121  shared detention costs to determine that county’s share of
  122  detention costs. Beginning August 1, each such county shall pay
  123  to the department its share of detention costs, which shall be
  124  paid in 12 equal payments due on the first day of each month.
  125  The state shall pay the remaining actual costs of detention
  126  care.
  127         (4)(6) Each county that is not a fiscally constrained
  128  county and that does not provide its own detention care for
  129  juveniles has taken the action fulfilling the intent of this
  130  section as described in subsection (2) shall incorporate into
  131  its annual county budget sufficient funds to pay its annual
  132  percentage share of the total shared detention costs required by
  133  subsection (2) (4).
  134         Section 4. This act shall take effect July 1, 2020.