Okaloosa County BOCC — April 19, 2016 — Ch. 2016-152 (Juvenile Detention Costs)

CHAPTER 2016-152 Committee Substitute for Senate Bill No. 1322 An act relating to juvenile detention costs; creating s. 985.6865, F.S.; providing legislative findings and intent; defining terms; requiring certain counties that are not fiscally constrained counties to each pay to the Department of Juvenile Justice its annual percentage share of specified amounts for specified fiscal years; requiring such counties to pay its annual percentage share of the specified amounts in 12 equal payments beginning on a specified date; creating the methodology by which the department determines the percentage share for each county; providing an expiration date; requiring the state to pay all costs of detention care for juveniles residing in a fiscally constrained county, residing out of state, and residing in state detention centers in counties that provide their own detention care for juveniles; requiring a county that is not fiscally constrained county to incorporate into its annual budget sufficient funds to pay its annual percentage share; requiring certain funds to be deposited into the Shared County/State Juvenile Detention Trust Fund; requiring the department to determine certain compliance on a quarterly basis; exempting certain funds collected from specified service charges; providing rulemaking; amending ss. 985.6015 and 985.688, F.S.; con- forming provisions to changes made by the act; providing appropriations; providing effective dates. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 985.6865, Florida Statutes, is created to read: 985.6865 Juvenile detention.— (1) The Legislature finds that various counties and the Department of Juvenile Justice have engaged in a multitude of legal proceedings regarding detention cost sharing for juveniles. Such litigation has largely focused on how the Department of Juvenile Justice calculates the detention costs that the counties are responsible for paying, leading to the overbilling of counties for a period of years. Additionally, litigation pending in 2016 is a financial burden on the taxpayers of this state. (2) It is the intent of the Legislature that all counties that are not fiscally constrained counties and that have pending administrative or judicial claims or challenges file a notice of voluntary dismissal with prejudice to dismiss all actions pending on or before February 1, 2016, against the state or any state agency related to juvenile detention cost sharing. Furthermore, all counties that are not fiscally constrained shall execute a release and waiver of any existing or future claims and actions arising from detention cost share prior to the 2016-2017 fiscal year. The department may not seek reimbursement from counties complying with this subsection for any 1 CODING: Words stricken are deletions; words underlined are additions. Ch. 2016-152 LAWS OF FLORIDA Ch. 2016-152 underpayment for any cost-sharing requirements before the 2016-2017 fiscal year. (3) As used in this section, the term: (a) “Detention care” means secure detention and respite beds for juveniles charged with a domestic violence crime. (b) “Fiscally constrained county” means a county within a rural area of opportunity as designated by the Governor pursuant to s. 288.0656 or each county for which the value of a mill will raise no more than $5 million in revenue, based on the certified school taxable value certified pursuant to s. 1011.62(4)(a)1.a., from the previous July 1. (c) “Total shared detention costs” means the amount of funds expended by the department for the costs of detention care for the prior fiscal year. This amount includes the most recent actual certify forward amounts minus any funds it expends on detention care for juveniles residing in fiscally constrained counties or out of state. (4)(a) Notwith