Okaloosa County BOCC — October 2, 2012 — Stewart DJJ letter

TALLAHASSEE FORT MYERS Suite 200 Buliding 83, Suite 2 1500 Mahan Drive 12731 World Piaza Lane Tallahassee, Florida 32308 al O TS, Fort Myers, Florida 33907 3 (850) 224-4070 Tel (239) 288-4027 Tel {850} 224-4073 Fax (239) 288-4057 Fax FORT LAUDERDALE Bienen TAMPA 208 S.E. Sixth Stree? Suite 1060 Fort Lauderdale, Florida 33301 Ni C! LC rs O L PA. 2502 Rocky Point Drive (954) 525-8000 Tel Tampa, Florida 33607 (954) 525-8334 Fax (813) 281-2222 Tel (813) 281-0429 Fax Reply to Tallahassee October 30, 2012 Via Electronic Mail James D. Curry Okaloosa County Administrator 1804 Lewis Turner Boulevard Suite 400 Ft. Walton Beach, Florida 32547 Re: Department of Juvenile Justice Reconciliation Fiscal Year 2011-2012 Dear Jim: On October 22, 2012, the County received the 2011-12 secure detention costs reconciliation issued by the Department of Juvenile Justice, a copy of which 1s attached hereto. The reconciliation, though more favorable than in prior years, raises several questions. First, it reflects that the County paid an amount of $1,257,576 towards its share of costs, however, its actual share should have been $750,966. Though this is a substantial reduction from the amounts that had been previously assessed against the County and should have resulted in a credit back to the County in the amount of $506,610, the Department is taking that credit and using it to offset the past amounts that they deem due from Okaloosa County during Fiscal Year 2009-10 and Fiscal Year 2010-11 in the amount of $1,061,186.66. This is the amount that we had successfully challenged previously in the Rule Challenge and the Administrative Law Judge determined that the Department was improperly calculating that amount. They are currently appealing that case. As a result, even though the Department was in error in calculating this amount, they are still treating it as a debt. Second, in looking at the amount of days being allocating to the County and comparing those to the County’s records, it appears that they are still assigning excessive days to the County and that I should be entitled to an additional deduction of approximately $30,000. James D. Curry Okaloosa County Administrator October 30, 2012 Page 2 Third, the amounts calculated by the Department continue to utilize the Rule which has been invalidated by the County’s prior actions. Therefore, the County needs to challenge this amount to obtain the benefit of the Rule Challenge. As such, it is my recommendation that the Board authorize our firm to file a challenge to the reconciliation for Fiscal Year 2011-12. As a substantial number of the issues in this case will be resolved through the Rule Challenge, it is anticipated that this matter will be abated and that a minimal amount of legal fees will be incurred at this time. Once the appeal is completed, we anticipated that the remaining issues in the case will be minimal. Let me know if you requfre any information. GTS:pad Attachment Re 3 FLORIDA DEPARTMENT OF JUVENILE JUSTICE Rick Scott, Governor Wansley Walters, Secretary - Bee Cy eage | cS boone October 22, 2012 ) | Bet hit Dear County Representative: Pursuant to Administrative Rule 63G-1.017, the Department has completed a reconciliation of detention utilization for fiscal year 2011-12 using the information recorded in the on-line utilization system. The counties and Department have used this system throughout the year to report and reconcile utilization information. At the beginning of fiscal year 2011-12, an estimated amount of detention cost per county for that fiscal year was calculated. A copy of that breakdown is provided on the spreadsheet attached titled “2011-12 Secure Detention Cost Sharing Estimate”. Also enclosed is a copy of the 2011-12 Department detention budget titled “Detention Centers Cost Sharing Budget — Fiscal Year 2011-12”, These breakdowns clearly show the budget appropriated by the Legislature for the Shared County/State Juvenile Detention Trust Fund (Trust Fund), The amount used to calculate the estimated costs was $77,819,360. It is important to remember that the amount billed the counties for 2011-12 was an estimate. In an effort to assess counties an amount based on their most recent utilization, the Department is using information from the automated reconciliation system to generate amounts by county. The data used was for the months of July 2010 through March 2011. That information had been reviewed by the counties and the Department during the monthly reconciliation process. In previous ycars the Department would use the most recently reconciled annual information (in this case fiscal year 09-10) for the counties to calculate estimated costs. Using more recent information reflects more current utilization trends by county. The true amount owed by each county would not be known until the reconciliation for 2011-12 utilization is completed. When that occurs, the actual utilization figures are used and the actual expenditures for that particular fiscal year are used to determine the amount actually owed by a county. The document titled “Detention Cost Sharing (DCS) — Fiseal Year 2011-12 Expenditures and Reversions” provides information regarding the budgeted amount and the expenditure amount for the Trust Fund, Total expenditures for 2011-12 from the Trust Fund were $67,991 ,324. The enclosed spreadsheet titled “2011-12 Secure Detention Cost Sharing Reconciliation” summarizes the secure detention pre-commitment utilization for all counties. The columns in the spreadsheet represent: County Estimated Pre-commitment Days from July 2010 — March 2011 used for billing Actual Pre-commitment Days based on 2011-12 utilization Percentage of Total Pre-commitment Days — the particular county’s percentage of the total of all pre-commitment days for that fiscal year e 114-12 Total Trust Fund Expenditures — total amount spent in the Shared County/State Juvenile Detention Trust Fund 2737 Centerview Drive e Tallahassee, Florida 32399-3106 ¢ (850) 488-1850 http://Avwww.djj.state.fl.us The mission of the Depariment of Juvenile Justice is to increase public safety by reducing juvenile delinquency through effective prevention, intervention, and treatment services that strengthen families and turn around the lives of troubled youth. e Share of Trust Fund Expenditures for Non-Fiscally Constrained Counties — non-fiscally constrained counties’ percentage of total days multiplied by the total expenditures e Share of Trust Fund Expenditures for Fiscally Constrained Counties — fiscally constrained counties’ percentage of total days multiplied by the total expenditures (these amounts are paid for by the State) Billed and Paid for by County — amount paid by county for their estimated share of detention costs e Outstanding Assessments — amounts still owed by county for previously billed assessment ® 2011-12 (Over)/Under Payment — 2011-12 Share of Trust Fund Expenditures Non-Fiscally Constrained County less Billed and Paid for by County* e Net 2011-12 Assessment — amount to be debited or credited to non-fiscally constrained counties for 2011-12 adjusted by any outstanding prior year assessments, if applicable *The amount shown in the 2011-12 (Over/Under Payment column is the amount of overpayment or underpayment by the county based on utilization. A debit amount in this column means the county did not pay enough based on their utilization. Any counties that have a debit amount owed will find enclosed with this correspondence an invoice for that amount. This amount is due by January 31, 2013. A credit amount in this column means the county overpaid based on their utilization and a credit invoice is enclosed with this correspondence, (If the credit amount is larger than the amount currently being paid by the county, the credit will be applied to future invoices until the credit is applied in total.) It is critical that all credits be taken prior to June 30, 2013. It is requested that counties not make payments on their accounts as long as thetr account balance is a credit. Invoices with credit balances are marked PAID when sent to the county. The final reconciliation enclosed with this correspondence represents the Department’s final action for the 2011-12 fiscal year detention utilization. Pursuant to Rule 28-106.111, Rules of Division of Adininistrative Hearmgs, any county whose substantial interests may be affected by the final reconciliation has 21 days from the date of notice of the final agency action to file a petition for hearing pursuant to the provisions of Chapter 120, Florida Statutes. If you have questions I can be contacted by emai! at beth.davis(@djj.state.fl.us, or by phone at (850) 414- 8818. Sincerely, Beth Davis Office of Program Accountability Enclosures: 2011-12 Secure Detention Cost Sharing Estimate Detention Centers Cost Sharing Budget - Fiscal Year 2011-12 Detention Cost Sharing — Fiscal Year 2011-12 Expenditures and Reversions 2011-12 Secure Detention Cost Sharing Reconciliation 2011-12 Reconciliation Debit/Credit Invoice (as applicable) ce: Libby Grimes, Bureau Chief, Finance and Accounting Christopher L. Holley, Florida Association of Counties DETENTION CENTERS COST SHARING BUDGET FISCAL YEAR 2011-12 General Revenue (10-1-000100) FY 2010-11 coe neréasel <-: 2 FY 2041-12 Category Budget (May 25,2011) 2c: “= Conference Budget Salaries & Benefits $ 13,976,515 $:: A2ZT;9T9): $ 11,548,536 Other Personal Services $ 308,491 = (38,784): $ 269,707 Expenses $ 2,035,423 2B (384, 258 : S 1,651,164 Oco $ 10,771 = = $ 10,771 Food Praducts $ 430,903 2 $2255°055-2 (95,15 Hy: $ 335,753 Legislative Initiatives $ 179,110 = mG 179,110 Fiscally Constrained Counties gS 5,581,332 -$: i): $ 4,632,618 Contracted. Services’ $ 860,033 2$: 250): $ 564,783 G/A -Contracted Services $ 5,267,129 2 $2255 4477108 y $ 4,790,024 Risk Management Insurance $ 584,778 © $: ae § 584,778 Human Resources Outsourcing $ 117,010 = (8,777) $ 108,233 Fixed Capital Outlay $ - 2 00,000: $ 300,000 $ 29,351,495 2 $205 (4, 376,018). $ 24,975,477 Federal Grants Trust Fund (20-2-261900) FY 2010-11. SS FY 2011-12 Category Budget (May 25,2011) = SESS Conference Budget Salaries & Benefits S 749,134 =$: 06:: $ 757,540 Expenses $ 763,886 ~ an § 763,886 OCO $ 12,534 2 $: $ 7,293 Food Products $ 834,388 <$: se § 834,388 Contracted Services $ 20,392 23: ao § 20,392 Human Resources Outsourcing $ 9,476 $: co $ 9,777 State Operations-ARRA 2009 $ 196,905 °$: $ - G/A-Contracted Services-ARRA 2009 $ 316,663 -$: $ - $ 2,903,378 ; $ 2,393,276 Grants And Donations Trust Fund (20-2-339300) FY 2010-11 © = FY 2011-12 Category Budget (May 25,2011) “= Conference Budget Salaries & Benefits $ 327,565 2 $: $ 329,049 Other Personal Services $ 473,972 °$ $ 473,972 Expenses $ 786,180 $: co § 786,180 Food Products $ 127,472 °$: oar 127,472 Contracted Services —§ 3,116 2° $ ng 3,116 G/A -Contracted Services $ 25,000 -$: an § 25,000 Human Resources Outsourcing $ 1,377 =-$: 44: $ 1,421 $ 1,744,682 24: 8: $ 1,746,210 FY 2011-12 Detention Cost Sharing Budget - GR SCSJDTF Page 1 DETENTION CENTERS COST SHARING BUDGET FISCAL YEAR 2011-12 Shared County/State Juvenile Detention T.F. (20-2-685001) FY 2010-11 oo iagreasel a3 FY 2011-12 Category Budget (May 25,2011) =: Conference Budget Salaries & Benefits $ 76,934,555 °: $ 59,886,264 Other Personal Services $ 2,091,235 ‘5 : 1,812,737 Expenses $ 5,670,035 $:: 4,854,043 OCO $ 219,973 2 219,973 Food Products $ 2,266,807 © 4,502,575 Contracted Services $ 2,165,098 3$": 1,729,324 G/A -Contracted Services $ 4,351,915 2 3,318,407 Risk Management Insurance $ 3,920,590 3 3,920,590 Human Resources Outsourcing $ 620,218 28: 575,447 ; es FY 2011-12 Detention Cost Sharing Budget-GR SCSJDTF Page 2 Department of Juvenile Justice Detention Centers Final Fiscal Year 2011-12 Reversions and Expenditures FY 2011-12 General Revenue (10-1-0001 60) FY 2011-12 FY 2011-12 FY 2011-12 Expenditure DCS Category Budget Reversions Expenditures Exclusions Expenditures Salaries & Benefits 41,083,312.00 (0.93) 11,083,317.07 - 11,083,311.07 Other Personal Services 269,707.00 (27,634.41) 242,072.59 - 242,072.59 Expenses 4,854,123.00 (6,086.37) 1,848,036.63 “ 1,848,036.63 OCO 10,771.00 10,771.00 ” 10,771.00 Food Products 335,753.00 - 335,753.00 “ 335,753.00 — Legislative Initiatives 179,110.00 (26,838.68) 152,271.32 - 162:2 7732 G/A -Fiscal Const Counties 4,632,618.00 (561 574.00} 4.071,044.00 (4,071,044.00) - Contracted Services 564,783.00 (44 863.63) 519,919.37 - 519,919.37 G/A -Contracted Services 4,560,024.00 (329,533.28) ~- 4,230,490.72 - 4,230,490.72 Risk Management Insurance 666,359.00 “ 666,359.60 - 666 359.00 Human Resources Outsourcing 98,015.00 - 98,015.00 - 98,015.06 Repairs and Maintenance 689,275.00 - 587,032.99 - 587 ,032.99 24,943,8560.00 (996.531.30) 23,845,076.69 —_(4,071,044.00} 19,774 032.69 Shared County/State Juvenile FY 2011-12 Detention TF (20-2-685001)} FY 2011-12 FY 2011-12 FY 2011-12 Expenditure DCS Category Budget Reversions Expenditures Exclusions Expenditures Salaries & Benefits 57,464,318.00 (6,827 ,446.79) 50,836,871.21 - 50,836,871.21 Other Personal Services {812,737.00 (741,636.51) 4.071,100.49 - 1,071,106.49 Expenses 4,848 526.00 (5,511.93) 4,843,014.07 - 4,843,014.07 OCO 219,973.00 (5,583.95) — 214,389.05 - 214,389.05 Food Products 1,502 ,578.00 {215,390.84) 4 287,184.16 - 1,287 184.16 Contracted Services 1,979,324.00 (89,486.61) 1 889,837.38 - 1,889,837.39 G/A -Contracted Services 3,318,407 .00 (356,493.00) 2.961,914.00 " 2,961 ,914.00 Risk Management insurance 4,416,812.00 - 4.446,812.00 - 4,416,812.00 Human Resources Outsourcing 481,730.00 (11,528.00) 470,202.00 - 470,202.00 76,044,402.06 (8,053,077.63) 67,991,324.37 67,991 324.37 Grants & Donations TF FY 2011-12 {20-2-338300) FY 2011-12 FY 2011-42 FY 2011-42 Expenditure DCS Category Budget Reversions Expenditures Exclusions Expenditures Salaries & Benefits 218,794.00 (218,794.00) - - ” Other Personal Services 625,552.00 (282,053.78) 343,498.22 - 343,498.22 Expenses 4,036,180.00 (48,744.24) 987 435.76 - 987 435,76 Food Products 427,472.00 (114,872.23) 12,599.77 - 12,599.77 Contracted Services 3,116.00 (2,245.06) 870.94 - 870.94 G/A -Contracted Services 25,000.00 (25,000.00) - - - Human Resources Outsourcing 1,190.00 - 1,190.00 - 4,490.00 2,037 304.00 (691,709.31) 1.345,594.69 - 1,345 ,594,.69 FY 2041-12 Detention Cost Sharing Final Expenditures and Reversions Department of Juvenile Justice Detention Centers Final Fiscal Year 2011-12 Reversions and Expenditures OS FY 2011-12 Federal Grants TF (20-2-261900} FY 2071-12 FY 2011-12 ~ FY 2014-12 Expenditure DCS Category Budget Reversions Expenditures Exclusions Expenditures Salaries & Benefits 730,187.00 (471,145.59) 259,041.41 - 259,041.41 Expenses 763,886.00 (85,862.09) 678,023.81 - 678,023,914 OCO 7,293.00 - 7,293.00 ~ 7,293.00 Food Products 834,388.00 (684,396.50) 149,991.50 - 449,991.50 Contracted Services 20,392.00 {17,164.96} 3,227.04 - 3,227.04 Human Resources Outsourcing 8,185.00 “ 8,185.00 - 8,185.00 State Operations - ARRA 2009 62,171.06 {34,045.58} 28,125.42 28,125.42 2,426,502,00 (1,292,614.72) 1,133,887.28 - 1,133,887.28 Total 105,452,058.00 (11,033,932.96}) 94,315,883,.03 — (4,071,044.00) $0.244,839.03 Exclusions: GR: Budget Category Expenditures Fiscally Constrained Counties 4,632,618 100289 4,077,044 GR Toial 4,632,618 4,077 044 Note: Categary is dauble budgeted. _ FY 2014-12 Detention Cost Sharing Final Expenditures and Reversions