Agenda 02/23/2016 Item #16F 3 2/23/2016 16.F.3.
EXECUTIVE SUMMARY
Recommendation to formally support proposed legislation that attempts to resolve the
ongoing cost-sharing dispute between non-fiscally constrained counties, such as Collier
County, and the Department of Juvenile Justice (DJJ), and that the Chair send a letter
indicating said support.
OBJECTIVE: To resolve the dispute with the Department of Juvenile Justice in a
satisfactory manner.
CONSIDERATIONS: Prior to 2004 the cost of incarcerating juvenile offenders was a
responsibility of the state. From 2004 to present, non-fiscally constrained counties have been
required to pay a disproportionate share of this burden based on a convoluted cost-sharing
formula that proved to be widely inaccurate and unfair.2 This generated ongoing litigation.
Legislation has been introduced this session (PCS/SB 1322 and FIB 1279) purporting to
provide a long-term fix to this impasse between the counties and the state.
The proposed legislation achieves two laudable aims that are supported by the other counties:
1) Instead of relying on projections or estimates that were often inaccurate and subject to
dispute, the new formulation for cost-sharing would be based on actual costs from the prior
year; i.e.,there would be no more pre-payment based on estimates.
2) The bills provide for an equal split (50/50) between non-fiscally constrained counties and
the DJJ. (Counties lobbied for a 50/50 split back in 2014.)
It is estimated that the proposed 50/50 cost-sharing formula will achieve a savings of $11.8
million for the counties in FY 2016-20153 and possibly make the counties whole over time.
Collier County is owed approximately $5.8 million from previous overpayments to DJJ.
Although it is not possible to guarantee what the future cumulative cost savings will be for
Collier County under this proposal, it will bring more certainty to the budget process and end
further litigation. For illustration purposes, attached is a cost-sharing model from FAC based on
actual costs from FY 2014-2015.
In order for this legislation to pass, non-fiscally constrained counties must pledge to cease or
forgo further litigation to recoup what was previously owed. Per Lisa Hurley, the Legislative
Director for FAC, Collier County is the only impacted county that has not endorsed PCS/SB
1322 and HB 1279.
FISCAL IMPACT: Under the proposed legislation,the County's annual contribution will vary from
year to year based upon the previous year's actual cost and county utilization. Currently the County
pays$55,516 per month.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: None.
"Current state law requires counties to prepay an estimated amount.Then at the end of the fiscal year after actual costs were
calculated,each county would receive an adjustment...Reimbursements could range from$50 million to$200 million
statewide."Bradenton Herald,January 8,2016.
2"The DJJ had counties pay 75%percent of costs between 2009 and 2013,until a federal court ruled the payment system
invalid."Bradenton Herald,January 7,2016.
3 Source:Staff Analysis for PCS/SB 1322 dated February 15,2016.
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2/23/2016 16.F.3.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney,presents
no legal issues, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board formally supports proposed legislation that
attempts to resolve the ongoing cost-sharing dispute between non-fiscally constrained
counties, such as Collier County, and the Department of Juvenile Justice (DJJ); and that the
Chair send a letter indicating said support.
Prepared by: Tim Durham, Executive Manager of Corporate Business Operations
Attachments: (1)Cost-Sharing Model Table from FAC
(2)PCS/SB 1322
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2/23/2016 16.F.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.3.
Item Summary: Recommendation to formally support proposed legislation that attempts
to resolve the ongoing cost-sharing dispute between non-fiscally constrained counties, such as
Collier County, and the Department of Juvenile Justice (DJJ), and that the Chair send a letter
indicating said support.
Meeting Date: 2/23/2016
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
2/17/2016 1:53:43 PM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
2/17/2016 1:53:44 PM
Approved By
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 2/17/2016 2:21:53 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/17/2016 2:58:24 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/17/2016 3:47:00 PM
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2123/201616 F.3.
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Florida Senate - 2016 PROPOSED COMMITTEE 2/23/2016 16.F.3.
Bill No. SB 1322
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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 juvenile detention costs; amending
3 s . 985. 686, F. S . ; defining a term; revising the annual
4 contributions by certain counties for the costs of
5 detention care for juveniles; revising the methodology
6 by which the Department of Juvenile Justice determines
7 the percentage share for each county; requiring the
8 state to pay all costs of detention care for juveniles
9 residing out of state and for juveniles residing in
10 state detention centers in counties that provide their
11 own detention care for juveniles; deleting a
12 requirement that the Department of Revenue and the
13 counties provide certain technical assistance to the
14 Department of Juvenile Justice; revising the
15 applicability of specified provisions; amending ss .
16 985. 6015 and 985 . 688, F. S. ; conforming provisions to
17 changes made by the act; providing an effective date.
18
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1 . Paragraph (c) is added to subsection (2) of
23 section 985 . 686, Florida Statutes, present subsections (9) and
24 (11) of that section are redesignated as subsections (8) and
25 (10) , respectively, and subsections (3) through (7) and present
2.6 subsections (8) and (10) of that section are amended, to read:
27 985 . 686 Shared county and state responsibility for juvenile
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28 detention.-
29 (2) As used in this section, the term:
30 (c) "Total shared detention costs" means the amount of
31 funds expended by the department for the costs of detention care
32 for the prior fiscal year. This amount is including the most
33 recent actual certify forward amounts minus any funds it expends
34 on detention care for juveniles residing in fiscally constrained
35 counties or out of state.
36 (3) (a) For the 2016-2017 fiscal year, each county that is
37 not a fiscally constrained county shall pay to the department
38 its annual percentage share of $42 . 5 million. By June 1, 2016,
39 the department shall calculate and provide to each such county
40 its annual percentage share by dividing the total number of
41 detention days for juveniles residing in that county for the
42 most recently completed 12-month period by the total number of
43 detention days for juveniles in all counties that are not
44 fiscally constrained counties during the same period. Beginning
45 July 1, 2016, each county shall pay to the department its annual
46 percentage share of $42 . 5 million, which shall be paid in 12
47 equal payments due on the first day of each month. The state
48 shall pay the remaining actual costs of detention care. This
49 paragraph expires June 30, 2017 .
50 (b) For the 2017-2018 fiscal year, and each fiscal year
51 thereafter, each county that is not a fiscally constrained
52 county shall pay its annual percentage share of 50 percent of
53 the total shared detention costs for the prior fiscal year. By
54 June 1, 2017, and each year thereafter, the department shall
55 calculate and provide to each such county its annual percentage
56 share by dividing the total number of detention days for
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57 juveniles residing in that county in the most recently completed
58 12-month period by the total number of detention days for
59 juveniles in all counties that are not fiscally constrained
60 counties during the same period. The annual percentage share of
61 each county that is not a fiscally constrained county must be
62 multiplied by 50 percent of the total shared detention costs to
63 determine that county' s share of detention costs . Beginning July
64 1, each county shall pay to the department its share of
65 detention costs, which shall be paid in 12 equal payments due on
66 the first day of each month. The state shall pay the remaining
67 costs of detention care Each county shall pay thc costs of
68 providing dctcntion carc, cxclusivc of thc costs of any
69 prcadjudicatory nonmcdical cducational or thcrapcutic scrviccs
70 and $2 . 5 million providcd for additional mcdical and mcntal
71 hcalth carc at thc dctcntion ccntcrs, for juvcnilcs for tho
72 period of timc prior to final court disposition. The dcpartmcnt
73 shall dcvclop an accounts payablc systcm to allocatc costs that
74 arc payablc by thc counties .
75 (4) Notwithstanding subscction (3) , The state shall pay all
76 costs of detention care for juveniles residing in for which a
77 fiscally constrained county and for juveniles residing out of
78 state. The state shall pay all costs of detention care for
79 juveniles housed in state detention centers in counties that
80 provide their own detention care for juveniles would othcrwisc
81 be b; , d
82 (a) By Octobcr 1, 2001, the dcpartmcnt shall dcvclop a
83 mcthodology for dctcrmining thc amount of cach fiscally
84 constraincd county' s costs of dcteet -on carc for juvcnilcs, for
85 thc period of timc prior to final court disposition, which must
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86 be paid by thc state. At a minimum, this mcthodology must
87 consider thc diffcrcncc bctcaccn thc amount appropriatcd to thc
88 dcpartmcnt for offsetting thc costs associated with thc
89 a-csignmcnt of juvcnilc pretrial dctcntion cxpcnscs to thc
90 fiscally constraincd county and thc total estimated costs to thc
91 fiscally constraincd county, for thc fiscal year, of dctcntion
92 carc for juvcnilcs for thc period of time prior to final court
93 disposition.
94 (b) Subjcct to legislative appropriation and bascd on the
95 mcthodology developed undcr paragraph (a) , thc dcpartmcnt shall
96 provide funding to offset thc costs to fiscally constraincd
98 prior to final court disposition. If county matching funds arc
99 rcquircd by thc dcpartmcnt to eliminate the diffcrcncc
100 calculated under paragraph (a) or thc difference bctwccn thc
101 act costs of the fiscally constrained counties and thc amount
102 - == . - -
103 costs, that match amount must be allocated proportionately among
104
105 (5) Each county that is not a fiscally constrained county
106 shall incorporate into, its annual county budget sufficient funds
107 to pay its annual percentage share of 50 percent of the total
108 shared detention costs of dctcntion care for juvcnilcs wha
109 reside in that county for the period of time prior to final
110 court disposition. This amount shall be based upon the prior use
111 of secure dctcntion for juvcnilcs who are residents of that
112 county, as calculated by the dcpartmcnt. Each county shall pay
113 the estimated costs at the beginning of ach month. Any
114 difference between the estimated costs and actual costs shall be
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115 reconciled at the end of thc state fiscal y or.
116 (6) Funds paid by the counties to the department pursuant
117 to this section must be deposited Each county shall pay to thc
118 dcpartmcnt for deposit into the Shared County/State Juvenile
119 Detention Trust Fund its share of thc county' s total costs for
120 juvenile dctcntion, based upon calculations published by thc
121 dcpartmcnt with input from thc countics .
122 (7) The department of Juvenile Justice shall determine each
123 quarter whether the counties of this state are remitting funds
124 as required to the dcpartmcnt their share of the costs of
125 dctcntion as required by this section.
126 (8) The Department of Revenue and the countics shall
127 provide technical assistance as necessary to the Dcpartmcnt of
128 Juvenile Justice in order to develop the most cost effective
129 moans of collection.
130 (9) (10) This section does not apply to a afty county that
131 provides detention care for prcadjudicatcd juveniles or that
132 contracts with another county to provide detention care for
133 prcadjudicatcd juveniles .
134 Section 2 . Subsection (2) of section 985 . 6015, Florida
135 Statutes, is amended to read:
136 985 . 6015 Shared County/State Juvenile Detention Trust
137 Fund.-
138 (2) The fund is established for use as a depository for
139 funds to be used for the costs of predisposition juvenile
140 detention. Moneys credited to the trust fund shall consist of
141 funds from the counties' share of the costs for predisposition
142 juvenile detention.
143 Section 3 . Paragraph (a) of subsection (11) of section
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144 985. 688, Florida Statutes, is amended to read:
145 985. 688 Administering county and municipal delinquency
146 programs and facilities .-
147 (11) (a) Notwithstanding the provisions of this section, a
148 county is in compliance with this section if:
149 1 . The county provides the full cost for prcadjudication
150 detention for juveniles;
151 2 . The county authorizes the county sheriff, any other
152 county jail operator, or a contracted provider located inside or
153 outside the county to provide prcadjudication detention care for
154 juveniles;
155 3 . The county sheriff or other county jail operator is
156 accredited by the Florida Corrections Accreditation Commission
157 or American Correctional Association; and
158 4 . The facility is inspected annually and meets the Florida
159 Model Jail Standards .
160 Section 4 . This act shall take effect upon becoming a law.
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