Bill Text: FL S1144 | 2020 | Regular Session | Introduced

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Bill Title: Department of Juvenile Justice

Spectrum: Bipartisan Bill

Status: (Failed) 2020-03-14 - Died in Appropriations [S1144 Detail]

Download: Florida-2020-S1144-Introduced.html

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       Florida Senate - 2020                                    SB 1144
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01137B-20                                          20201144__
    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 list of
    4         programs within the department; repealing s. 985.686,
    5         F.S., relating to shared county and state
    6         responsibility for juvenile detention; amending s.
    7         985.6865, F.S.; deleting provisions relating to
    8         legislative findings and legislative intent; deleting
    9         a provision requiring each county that is not a
   10         fiscally constrained county to pay its annual
   11         percentage share of the total shared detention costs;
   12         requiring the Department of Juvenile Justice to
   13         calculate and provide to each county that is not a
   14         fiscally constrained county and that does not provide
   15         its own detention care for juveniles its annual
   16         percentage share; requiring each county that is not a
   17         fiscally constrained county and that does not provide
   18         its own detention care for juveniles to incorporate
   19         into its annual budget sufficient funds to pay its
   20         annual percentage share; conforming a provision to
   21         changes made by the act; conforming a cross-reference;
   22         providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (2) of section 20.316, Florida
   27  Statutes, is amended to read:
   28         20.316 Department of Juvenile Justice.—There is created a
   29  Department of Juvenile Justice.
   30         (2) DEPARTMENT PROGRAMS.—The following programs are
   31  established within the Department of Juvenile Justice:
   32         (a) Accountability and Program Support.
   33         (d)(a) Prevention and Victim Services.
   34         (c)(b) Intake and Detention.
   35         (f)(c) Residential and Correctional Facilities.
   36         (e)(d) Probation and Community Corrections.
   37         (b)(e) Administration.
   38  
   39  The secretary may establish assistant secretary positions and a
   40  chief of staff position as necessary to administer the
   41  requirements of this section.
   42         Section 2. Section 985.686, Florida Statutes, is repealed.
   43         Section 3. Subsections (1) through (4) and (6) of section
   44  985.6865, Florida Statutes, are amended to read:
   45         985.6865 Juvenile detention.—
   46         (1) The Legislature finds that various counties and the
   47  Department of Juvenile Justice have engaged in a multitude of
   48  legal proceedings regarding detention cost sharing for
   49  juveniles. Such litigation has largely focused on how the
   50  Department of Juvenile Justice calculates the detention costs
   51  that the counties are responsible for paying, leading to the
   52  overbilling of counties for a period of years. Additionally,
   53  litigation pending in 2016 is a financial burden on the
   54  taxpayers of this state.
   55         (2) It is the intent of the Legislature that all counties
   56  that are not fiscally constrained counties and that have pending
   57  administrative or judicial claims or challenges file a notice of
   58  voluntary dismissal with prejudice to dismiss all actions
   59  pending on or before February 1, 2016, against the state or any
   60  state agency related to juvenile detention cost sharing.
   61  Furthermore, all counties that are not fiscally constrained
   62  shall execute a release and waiver of any existing or future
   63  claims and actions arising from detention cost share prior to
   64  the 2016-2017 fiscal year. The department may not seek
   65  reimbursement from counties complying with this subsection for
   66  any underpayment for any cost-sharing requirements before the
   67  2016-2017 fiscal year.
   68         (1)(3) As used in this section, the term:
   69         (a) “Detention care” means secure detention and respite
   70  beds for juveniles charged with a domestic violence crime.
   71         (b) “Fiscally constrained county” means a county within a
   72  rural area of opportunity as designated by the Governor pursuant
   73  to s. 288.0656 or each county for which the value of a mill will
   74  raise no more than $5 million in revenue, based on the certified
   75  school taxable value certified pursuant to s. 1011.62(4)(a)1.a.,
   76  from the previous July 1.
   77         (c) “Total shared detention costs” means the amount of
   78  funds expended by the department for the costs of detention care
   79  for the prior fiscal year. This amount includes the most recent
   80  actual certify forward amounts minus any funds it expends on
   81  detention care for juveniles residing in fiscally constrained
   82  counties or out of state.
   83         (2)(4) Notwithstanding s. 985.686, for the 2017-2018 fiscal
   84  year, and each fiscal year thereafter, each county that is not a
   85  fiscally constrained county and that has taken the action
   86  fulfilling the intent of this section as described in subsection
   87  (2) shall pay its annual percentage share of 50 percent of the
   88  total shared detention costs. Annually by July 15, 2017, and
   89  each year thereafter, the department shall calculate and provide
   90  to each county that is not a fiscally constrained county and
   91  that does not provide its own detention care for juveniles its
   92  annual percentage share by dividing the total number of
   93  detention days for juveniles residing in the county for the most
   94  recently completed 12-month period by the total number of
   95  detention days for juveniles in all counties that are not
   96  fiscally constrained counties during the same period. The annual
   97  percentage share of each county that is not a fiscally
   98  constrained county and that does not provide its own detention
   99  care for juveniles must be multiplied by 50 percent of the total
  100  shared detention costs to determine that county’s share of
  101  detention costs. Beginning August 1, each such county shall pay
  102  to the department its share of detention costs, which shall be
  103  paid in 12 equal payments due on the first day of each month.
  104  The state shall pay the remaining actual costs of detention
  105  care.
  106         (4)(6) Each county that is not a fiscally constrained
  107  county and that does not provide its own detention care for
  108  juveniles has taken the action fulfilling the intent of this
  109  section as described in subsection (2) shall incorporate into
  110  its annual county budget sufficient funds to pay its annual
  111  percentage share of the total shared detention costs required by
  112  subsection (2) (4).
  113         Section 4. This act shall take effect July 1, 2020.