Bill Text: FL S0700 | 2020 | Regular Session | Engrossed
Bill Title: Juvenile Justice
Spectrum:
Status: (Failed) 2020-03-14 - Died in returning Messages [S0700 Detail]
Download: Florida-2020-S0700-Engrossed.html
CS for CS for SB 700 First Engrossed 2020700e1 1 A bill to be entitled 2 An act relating to juvenile justice; amending s. 3 20.316, F.S.; revising the name of a program and 4 creating an additional program within the Department 5 of Juvenile Justice; conforming a provision to changes 6 made by the act; repealing s. 985.686, F.S., relating 7 to shared county and state responsibility for juvenile 8 detention; amending s. 985.6865, F.S.; deleting 9 provisions relating to legislative findings and 10 legislative intent; deleting a provision requiring 11 each county that is not a fiscally constrained county 12 to pay its annual percentage share of the total shared 13 detention costs; requiring the Department of Juvenile 14 Justice to calculate and provide to each county that 15 is not a fiscally constrained county and that does not 16 provide its own detention care for juveniles its 17 annual percentage share; requiring each county that is 18 not a fiscally constrained county and that does not 19 provide its own detention care for juveniles to 20 incorporate into its annual budget sufficient funds to 21 pay its annual percentage share; conforming a 22 provision to changes made by the act; conforming a 23 cross-reference; amending s. 943.0582, F.S.; deleting 24 a requirement that limits diversion program expunction 25 to programs for misdemeanor offenses; amending s. 26 985.126, F.S.; conforming a provision to changes made 27 by the act; providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Subsections (2) and (3) of section 20.316, 32 Florida Statutes, are amended to read: 33 20.316 Department of Juvenile Justice.—There is created a 34 Department of Juvenile Justice. 35 (2) DEPARTMENT PROGRAMS.—The following programs are 36 established within the Department of Juvenile Justice: 37 (a) Accountability and Program Support. 38 (d)(a)Preventionand Victim Services. 39 (c)(b)Intake and Detention. 40 (f)(c)Residential and Correctional Facilities. 41 (e)(d)Probation and Community Corrections. 42 (b)(e)Administration. 43 44 The secretary may establish assistant secretary positions and a 45 chief of staff position as necessary to administer the 46 requirements of this section. 47 (3) JUVENILE JUSTICE OPERATING CIRCUITS.—The department 48 shall plan and administer its programs through a substate 49 structure that conforms to the boundaries of the judicial 50 circuits prescribed in s. 26.021. A county may seek placement in 51 a juvenile justice operating circuit other than as prescribed in 52 s. 26.021 for participation in the Preventionand Victim53ServicesProgram and the Probation and Community Corrections 54 Program by making a request of the chief circuit judge in each 55 judicial circuit affected by such request. Upon a showing that 56 geographic proximity, community identity, or other legitimate 57 concern for efficiency of operations merits alternative 58 placement, each affected chief circuit judge may authorize the 59 execution of an interagency agreement specifying the alternative 60 juvenile justice operating circuit in which the county is to be 61 placed and the basis for the alternative placement. Upon the 62 execution of said interagency agreement by each affected chief 63 circuit judge, the secretary may administratively place a county 64 in an alternative juvenile justice operating circuit pursuant to 65 the agreement. 66 Section 2. Section 985.686, Florida Statutes, is repealed. 67 Section 3. Subsections (1) through (4) and (6) of section 68 985.6865, Florida Statutes, are amended to read: 69 985.6865 Juvenile detention.— 70(1) The Legislature finds that various counties and the71Department of Juvenile Justice have engaged in a multitude of72legal proceedings regarding detention cost sharing for73juveniles. Such litigation has largely focused on how the74Department of Juvenile Justice calculates the detention costs75that the counties are responsible for paying, leading to the76overbilling of counties for a period of years. Additionally,77litigation pending in 2016 is a financial burden on the78taxpayers of this state.79(2) It is the intent of the Legislature that all counties80that are not fiscally constrained counties and that have pending81administrative or judicial claims or challenges file a notice of82voluntary dismissal with prejudice to dismiss all actions83pending on or before February 1, 2016, against the state or any84state agency related to juvenile detention cost sharing.85Furthermore, all counties that are not fiscally constrained86shall execute a release and waiver of any existing or future87claims and actions arising from detention cost share prior to88the 2016-2017 fiscal year. The department may not seek89reimbursement from counties complying with this subsection for90any underpayment for any cost-sharing requirements before the912016-2017 fiscal year.92 (1)(3)As used in this section, the term: 93 (a) “Detention care” means secure detention and respite 94 beds for juveniles charged with a domestic violence crime. 95 (b) “Fiscally constrained county” means a county within a 96 rural area of opportunity as designated by the Governor pursuant 97 to s. 288.0656 or each county for which the value of a mill will 98 raise no more than $5 million in revenue, based on the certified 99 school taxable value certified pursuant to s. 1011.62(4)(a)1.a., 100 from the previous July 1. 101 (c) “Total shared detention costs” means the amount of 102 funds expended by the department for the costs of detention care 103 for the prior fiscal year. This amount includes the most recent 104 actual certify forward amounts minus any funds it expends on 105 detention care for juveniles residing in fiscally constrained 106 counties or out of state. 107 (2)(4)Notwithstanding s. 985.686, for the 2017-2018 fiscal108year, and each fiscal year thereafter, each county that is not a109fiscally constrained county and that has taken the action110fulfilling the intent of this section as described in subsection111(2) shall pay its annual percentage share of 50 percent of the112total shared detention costs.Annually by July 15,2017, and113each year thereafter,the department shall calculate and provide 114 to each county that is not a fiscally constrained county and 115 that does not provide its own detention care for juveniles its 116 annual percentage share by dividing the total number of 117 detention days for juveniles residing in the county for the most 118 recently completed 12-month period by the total number of 119 detention days for juveniles in all counties that are not 120 fiscally constrained counties during the same period. The annual 121 percentage share of each county that is not a fiscally 122 constrained county and that does not provide its own detention 123 care for juveniles must be multiplied by 50 percent of the total 124 shared detention costs to determine that county’s share of 125 detention costs. Beginning August 1, each such county shall pay 126 to the department its share of detention costs, which shall be 127 paid in 12 equal payments due on the first day of each month. 128 The state shall pay the remaining actual costs of detention 129 care. 130 (4)(6)Each county that is not a fiscally constrained 131 county and that does not provide its own detention care for 132 juvenileshas taken the action fulfilling the intent of this133section as described in subsection (2)shall incorporate into 134 its annual county budget sufficient funds to pay its annual 135 percentage share of the total shared detention costs required by 136 subsection (2)(4). 137 Section 4. Subsection (1) and paragraph (b) of subsection 138 (3) of section 943.0582, Florida Statutes, are amended to read: 139 943.0582 Diversion program expunction.— 140 (1) Notwithstanding any law dealing generally with the 141 preservation and destruction of public records, the department 142 shall adopt rules to provide for the expunction of a nonjudicial 143 record of the arrest of a minor who has successfully completed a 144 diversion programfor a misdemeanor offense. 145 (3) The department shall expunge the nonjudicial arrest 146 record of a minor who has successfully completed a diversion 147 program if that minor: 148 (b) Submits to the department, with the application, an 149 official written statement from the state attorney for the 150 county in which the arrest occurred certifying that he or she 151 has successfully completed that county’s diversion program, that152his or her participation in the program was based on an arrest153for a misdemeanor,and that he or she has not otherwise been 154 charged by the state attorney with, or found to have committed, 155 any criminal offense or comparable ordinance violation. 156 Section 5. Subsection (5) of section 985.126, Florida 157 Statutes, is amended to read: 158 985.126 Diversion programs; data collection; denial of 159 participation or expunged record.— 160 (5) A minor who successfully completes a diversion program 161for a first-time misdemeanor offensemay lawfully deny or fail 162 to acknowledge his or her participation in the program and an 163 expunction of a nonjudicial arrest record under s. 943.0582, 164 unless the inquiry is made by a criminal justice agency, as 165 defined in s. 943.045, for a purpose described in s. 166 943.0582(2)(b)1. 167 Section 6. This act shall take effect July 1, 2020.