Agenda 04/26/2016 Item #16K 3 4/26/2016 16.K.3.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign the Release and Waiver
required to finalize the County's pending litigation with the Department of Juvenile Justice
as required by Section 985.6865, Florida Statutes, Juvenile Detention (effective March 29,
2016) .
OBJECTIVE: To finalize the County's pending litigation with the Department of Juvenile
Justice regarding juvenile detention costs.
CONSIDERATIONS: Collier County, along with several other counties, filed litigation to
recover refunds exceeding $5 million dollars resulting from the Florida Department of Juvenile
Justice (DJJ) incorrectly assessing overpayments to County for Juvenile Detention Cost Sharing
Reconciliation. In the litigation, the County is challenged DJJ's rules, billings, and estimates &
reconciliation amounts.
Senate Bill 1322 passed by Florida legislature on March 9, 2016 and signed into law by
Governor Scott on March 29, 2016, resolved the litigation and provides for 50/50 split between
the counties and State the juvenile detention costs, and ends State's reconciliation process going
forward.
Refunds will not be available to counties for DJJ's past incorrect assessments, however, it is
expected counties will recoup those losses going forward with 50/50 split in costs.
Pursuant to the terms of Section 985.6865, Fla. Stat., the individual counties are required to file
Voluntary Dismissals for the litigation and to also file a Release and Waiver providing that the
individual counties will not pursue additional litigation for any existing or future claims and
actions arising from detention cost share prior to the 2016-2017 fiscal year. The DJJ may not
seek reimbursement from any county complying with this subsection for any underpayment for
any cost-sharing requirements before the 2016-2017 fiscal year. The counties that participated in
the litigation are required to file the described Release and Waiver as soon as possible. The
Dismissal has been timely filed and provides that each party shall bear their own fees and costs.
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.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney's Office,
is approved as to form and legality, and requires a majority vote for Board approval.—CMG
RECOMMENDATION: For the Board of County Commissioners to approve and authorize the
Chairman to sign the Release and Waiver required to close the County's pending litigation with
the Department of Juvenile Justice as required by Section 985.6865, Florida Statutes, Juvenile
Detention(effective March 29, 2016).
Prepared By: Colleen M. Greene, Assistant County Attorney
Attachment: Section 985.6865, Fla. Stat., Juvenile detention
Waiver and Release
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4/26/2016 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.3.
Item Summary: Recommendation to approve and authorize the Chairman to sign the
Release and Waiver required to finalize the County's pending litigation with the Department of
Juvenile Justice as required by Section 985.6865, Florida Statutes,Juvenile Detention (effective
March 29, 2016) .
Meeting Date: 4/26/2016
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
4/18/2016 2:57:30 PM
Submitted by
Title: Assistant County Attorney, CAO General Services
Name: GreeneColleen
4/18/2016 2:57:32 PM
Approved By
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 4/19/2016 2:12:21 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/19/2016 4:24:20 PM •
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 4/19/2016 5:05:52 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/19/2016 5:16:58 PM
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RELEASE AND WAIVER IN COMPLIANCE
WITH CHAPTER 2016-152, LAWS OF FLORIDA(2016)
Pursuant to the provisions of Chapter 2016-152, Laws of Florida (2016), signed into law
on March 29, 2016, and creating section 985.6865, Florida Statutes, COLLIER COUNTY ("the
County") hereby releases and waives any existing or future claims and actions against the state
or any state agency arising from detention cost share prior to the 2016-2017 state fiscal year.
Such release and waiver is specifically conditioned upon the Department of Juvenile Justice's
("the Department") compliance with the provisions of section 985.6865(2), Florida Statutes,
which mandates that the Department may not seek reimbursement from counties complying with
this subsection for any underpayment for any cost-sharing requirements occurring before the
2016-2017 state fiscal year; the County does not release or waive any existing or future claim or
action regarding any failure of the Department to comply with the same.
Dated:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
,Deputy Clerk DONNA FIALA, CHAIRMAN
Approved as to form and legality:
(e,/llecn M. Greene
Assistant County Attorney
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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
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Ch. 2016-152 LAWS OF FLORIDA Ch. 2016-15Z
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) Notwithstanding s. 985.686 and for the 2016-2017 state fiscal year,
each county that is not a fiscally constrained county that has taken the
action fulfilling the intent of this legislation as described in subsection (2)
shall pay to the department its annual percentage share of$42.5 million. By
June 1, 2016,the department shall calculate and provide to each county that
is not a fiscally constrained county its annual percentage share by dividing
the total number of detention days for juveniles residing in that county for
the most recently completed 12-month period by the total number of
detention days for juveniles in all counties that are not fiscally constrained
counties during the same period. Beginning July 1, 2016, each such county
shall pay to the department its annual percentage share of $42.5 million,
which shall be paid in 12 equal payments due on the first day of each month.
The state shall pay the remaining actual costs of detention care. This
paragraph expires June 30, 2017.
(b) Notwithstanding s. 985.686, for the 2017-2018 fiscal year, and each
fiscal year thereafter, each county that is not a fiscally constrained county
and that has taken the action fulfilling the intent of this section as described
in subsection (2) shall pay its annual percentage share of 50 percent of the
total shared detention costs. By July 15, 2017, and each year thereafter, the
department shall calculate and provide to each county that is not a fiscally
constrained county its annual percentage share by dividing the total number
of detention days for juveniles residing in the county for the most recently
completed 12-month period by the total number of detention days for
juveniles in all counties that are not fiscally constrained counties during the
same period. The annual percentage share of each county that is not a
fiscally constrained county must be multiplied by 50 percent of the total
shared detention costs to determine that county's share of detention costs.
Beginning August 1, each such county shall pay to the department its share
of detention costs, which shall be paid in 12 equal payments due on the first
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day of each month. The state shall pay the remaining actual costs of
detention care.
(5) The state shall pay all costs of detention care for juveniles residing in
a fiscally constrained county and for juveniles residing out of state. The state
shall pay all costs of detention care for juveniles housed in state detention
centers from counties that provide their own detention care for juveniles.
(6) Each county that is not a fiscally constrained county and that has
taken the action fulfilling the intent of this section as described in subsection
(2) shall incorporate into its annual county budget sufficient funds to pay its
annual percentage share of the total shared detention costs required by
subsection (4).
(7) Funds paid by the counties to the department pursuant to this section
must be deposited into the Shared County/State Juvenile Detention Trust
Fund.
(8) The department shall determine each quarter whether the counties
are remitting funds as required by this section.
(9) Funds received from counties pursuant to this section are not subject
to the service charges provided in s. 215.20.
(10) The department may adopt rules to administer this section.
Section 2. Subsection (2) of section 985.6015, Florida Statutes, is
amended to read:
985.6015 Shared County/State Juvenile Detention Trust Fund.—
(2) The fund is established for use as a depository for funds to be used for
the costs of prcdisposition juvenile detention. Moneys credited to the trust
fund shall consist of funds from the counties' share of the costs for
prcdisposition juvenile detention.
Section 3. Paragraph (a) of subsection (11) of section 985.688, Florida
Statutes, is amended to read:
985.688 Administering county and municipal delinquency programs and
facilities.—
(11)(a) Notwithstanding the provisions of this section, a county is in
compliance with this section if:
1. The county provides the full cost for prcadjudication detention for
juveniles;
2. The county authorizes the county sheriff, any other county jail
operator, or a contracted provider located inside or outside the county to
provide preadjudication detention care for juveniles;
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3. The county sheriff or other county jail operator is accredited by the
Florida Corrections Accreditation Commission or American Correctional
Association; and
4. The facility is inspected annually and meets the Florida Model Jail
Standards.
Section 4. Effective July 1, 2016,for the 2016-2017 fiscal year,the sum of
$7.3 million in recurring funds and the sum of$3.5 million in nonrecurring
funds is appropriated from the General Revenue Fund to the Department of
Juvenile Justice for the purpose of implementing s. 985.6865, Florida
Statutes, as created by this act. These funds supplement the funds
appropriated to the department in the 2016-2017 General Appropriations
Act to pay the state's costs for juvenile detention.
Section 5. Except as otherwise provided in this act, this act shall take
effect upon becoming a law.
Approved by the Governor March 29, 2016.
Filed in Office Secretary of State March 29, 2016.
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