Loading...
Agenda 06/24/2014 Item #16K66/24/2014 16.K.6. EXECUTIVE SUMMARY Recommendation that the Board approves an after - the -fact filing of a joint Petition with the Florida Association of Counties ( "FAC ") and other counties to challenge proposed new rules related to the billing and collection of the county cost share for juvenile pre- disposition secured detention (Potential short term fiscal impact is $3,500). OBJECTIVE: To require the Department of Juvenile Justice ( "DJJ ") to enact rules which are consistent with Florida law. CONSIDERATIONS: On Wednesday, June 11`t', I received a telephone call from Greg Stewart of Nabors Giblin, who is representing Collier County (along with other counties) seeking a refund in excess of $5 million from the State as overpayments made by Collier County to the Department of Juvenile Justice. Mr. Stewart had just agreed to represent FAC on a Rule Challenge against DJJ and inquired whether Collier County would be interested in being a named plaintiff. After consulting with the County Manager, and based on prior general Board direction in this matter, I agreed. The deadline to file this Petition was June 16, after which it was uncertain whether anyone else could join. The Petition, a copy of which is attached as back- up, was duly filed on June 16. The following is a brief synopsis of the Petition: Under Florida law, the cost for providing secure juvenile detention is shared between the State of Florida and various counties within the State. The respective responsibility, as between the State of Florida and the various counties, is established by section 985.686, Florida Statutes. On July 16, 2006, the Department of Juvenile Justice promulgated Rules 63G- 1.002, 63G - 1.004, 63G- 1.007, and 63G- 1.008, Florida Administrative Code, among others, setting forth the definitions and procedures for calculating the costs as between the State of Florida and the various counties. These rules were repealed as of July 6, 2010, and in their place, the Department adopted Rules 63G - 1.011, 63G - 1.013, 63G - 1.016, and 63G - 1.017, Florida Administrative Code, which had the effect of transferring the responsibility for tens of thousands of days of detention from the State to the counties. In 2012, several counties challenged these new Rules. On July 17, 2012, a Final Order was issued by Administrative Law Judge W. David Watkins, who agreed with the counties and found that the rules were an invalid exercise of delegated legislative authority. This ruling was affinned on appeal. Department of Juvenile Justice v. Okaloosa County, 113 So. 3d 1074 (Fla. 1 st DCA 2013). Shortly after the decision of the First District Court of Appeal was issued in the Rule Challenge, the Department issued an interpretation that the decision required the State would be responsible for all detention days occurring after a final court disposition, including a final court disposition of commitment, probation, or dismissal of the charge. This interpretation changed the counties' collective responsibility for the costs of detention care from approximately 74 percent of the total costs, to approximately 32 percent of the total costs. Packet Page -2070- 6/24/2014 16.K.6. During the budgeting process for the 2014 -15 Fiscal Year, the Department altered its interpretation of the Rule Challenge decision in order to limit its responsibility for the costs of detention care. Instead of accepting full responsibility for the costs of detention days occurring after final court disposition, the Department has now shifted to the counties the responsibility for detention days occurring after a final court disposition of probation for new law violations of probation. This changed the counties' collective responsibility for the costs of secure detention care from approximately 32 percent to approximately 57 percent. On May 15, 2014, the Department advertised Proposed Rules 63G- 1.011, 1.013, 1.016, and 1.017. The stated purpose of the amendments was to "comply with a recent appellate decision invalidating portions of the department's rules implementing detention cost share." It is FAC's position that the Proposed Rules do not comply with section 985.686, Florida Statutes, the decision issued in the Rule Challenge, or the Department's prior interpretation of the same, and is an invalid exercise of legislative authority to misallocate the respective costs of secure detention as between the counties and the State. Should the Board elect not to participate; the County Attorney will withdraw from the suit. FISCAL IMPACT: The stated flat fee to join in this Petition is $1,000. Should the matter be appealed, an additional $2,500 will be requested. Funds are available from the County Attorney's general litigation budget. A successful outcome in this challenge could potentially be worth millions in savings to the County over time. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approves an after- the -fact filing of a joint Petition with the Florida Association of Counties and other counties to challenge proposed new rules related to the billing and collection of the county cost share for juvenile pre- disposition secured detention. PREPARED BY: Jeffrey A. Klatzkow, County Attorney Attachments: E -mail from FAC; Proposed Petition Packet Page -2071- 6/24/2014 16.K.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.6. Item Summary: Recommendation that the Board of County Commissioners approve an after - the -fact filing of a joint Petition with the Florida Association of Counties ( "FAC") and other counties to challenge proposed new rules related to the billing and collection of the county cost share for juvenile pre- disposition secured detention. (Potential fiscal impact $3,500) Meeting Date: 6/24/2014 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal, CAO Office Administration 6/13/2014 3:43:31 PM Approved By Name: KlatzkowJeff Title: County Attorney, Date: 6/13/2014 4:31:27 PM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 6/16/2014 10:02:36 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/17/2014 9:31:06 AM Naive: OchsLeo Title: County Manager, County Managers Office Date: 6/17/2014 11:10:08 AM Packet Page -2072- 6/24/2014 16.K.6. KlatzkowJeff From: Gail Ricks [gricks @fl - counties.com] on behalf of Ginger Delegal [gdelegal @fl- counties.com] Sent: Thursday, June 12, 2014 9:09 AM To: Ginger Delegal Cc: gstewart@ngniaw.com; cschrader @ngnlaw.com; 'elabrador @broward.org'; Jess McCarty; Chris Holley; Lisa Hurley; Cragin Mosteller Subject: ATTENTION and IMMEDIATE ACTION DJJ Rule Challenge Participation Attachments: Draft Petition for Rule Challenge_6 9 14 (2).doc Importance: High To: All Non- Fiscally Constrained County Attorneys Last Friday, the Department of Juvenile Justice held a public hearing on proposed new rules related to the billing and collection of the county cost share for juvenile pre- disposition secured detention. The revised rules are purportedly intended to implement the direction of the First District Court of Appeal in its opinion, invalidating the current rules. Despite the written submission of at least 22 counties and FAC and despite the direct participation of over 15 counties at the public hearing and FAC, the Department appears unwilling to make certain changes that would bring the rules in line with the court's direction. Accordingly, FAC will file a rule challenge. The deadline to do so is currently believed to be Monday, June 16. Each of the 38 non - fiscally constrained counties are encouraged to join the petition. FAC has hired Nabors, Giblin & Nickerson, P.A., as special counsel to represent us in the rule challenge and any subsequent appeals. The large urban counties (Duval, Pinellas, Hillsborough, Palm Beach, Orange, Broward and Miami -Dade) can join this petition for $2500 through the administrative process up to any appeal. If any appeal is taken, these seven counties can then remain in the FAC suit for $2500 more (all the way to and through the Florida Supreme Court; for a total of $5,000). All other remaining 31 counties can join the rule challenge petition for $1,000 and for $2500 more for any and all appeals (for a total of $3,500). Payments should be made to FAC; counties will be individually named on the petition. The FAC Executive Committee has authorized the hiring of NG &N and FAC's filing of the rule challenge. That decision will be reported to and ratified by the FAC Board of Directors next week during the FAC Annual Conference. We understand the difficulty with the speed of the decision making at this point. I am attaching a draft of the petition for your reference. We are continuing to research the ability for counties to either join or intervene at future dates but do not have yet have advice on the ability to join /intervene at a later time. Please let me know what questions you have and notify me by 5:00 on Friday, June 13`h of your interest in being a named petitioner. Virginia "Ginger" Delegal General Counsel Florida Association of Counties 100 S. Monroe St - Tallahassee, FL 32301 (850) 922 -4300 Facebook: face book.com /flcounties Twitter: 0D-ficounties www.fl- counties.com • All About Florida Packet Page -2073- STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS FLORIDA ASSOCIATION OF COUNTIES, ALACHUA COUNTY, BAY COUNTY, BREVARD COUNTY, CHARLOTTE COUNTY, COLLIER COUNTY, ESCAMBIA COUNTY, FLAGLER COUNTY, HERNANDO COUNTY, HILLSBOROUGH COUNTY, LAKE COUNTY, LEE COUNTY, LEON COUNTY, MANATEE COUNTY, MARTIN COUNTY, NASSAU COUNTY, OKALOOSA COUNTY, PALM BEACH COUNTY, PINELLAS COUNTY, SANTA ROSA COUNTY, ST. JOHNS COUNTY, ST. LUCIE COUNTY, SARASOTA COUNTY and WALTON COUNTY, Petitioners, vs. DEPARTMENT OF JUVENILE JUSTICE, Respondent. CASE NO. PETITION FOR RULE CHALLENGE 6/24/2014 16.K.6. FLORIDA ASSOCIATION OF COUNTIES, ALACHUA COUNTY, BAY COUNTY, BREVARD COUNTY, CHARLOTTE COUNTY, COLLIER COUNTY, ESCAMBIA COUNTY, FLAGLER COUNTY, HERNANDO COUNTY, HILLSBOROUGH COUNTY, LAKE COUNTY, LEE COUNTY, LEON COUNTY, MANATEE COUNTY, MARTIN COUNTY, NASSAU COUNTY, OKALOOSA COUNTY, PALM BEACH COUNTY, PINELLAS COUNTY, SANTA ROSA COUNTY, ST. JOHNS COUNTY, ST. LUCIE COUNTY, SARASOTA COUNTY and WALTON COUNTY, by and through their undersigned counsel, file this Petition pursuant to section 120.56(2), Florida Statutes, and Rule 28- 106.201, Packet Page -2074- 6/24/2014 16.K.6. Florida Administrative Code, and request an administrative determination regarding the invalidity of proposed rules 63G- 1.011, 63G- 1.013, 63G - 1.016, and 63G- 1.017. Florida Administrative Code, as they are an invalid exercise of delegated legislative authority. I. Name and Address of Affected Agency 1. The agency affected is the Department of Juvenile Justice, Knight Building, 2737 Centerview Drive, Tallahassee, Florida 32399 -3100. I1. Name and Address of Petitioners 2. Petitioners Alachua County, Bay County, Brevard County, Charlotte County, Collier County, Escambia County, Flagler County, Hernando County, Hillsborough County, Lake County, Lee County, Leon County, Manatee County, Martin County, Nassau County, Okaloosa County, Palm Beach County, Pinellas County, Santa Rosa County, St. Johns County, St. Lucie County, Sarasota County and Walton County are all political subdivisions of the State of Florida ( "Petitioning Counties "). 3. Petitioner Florida Association of Counties ( "FAC ") is a statewide association and not - for - profit corporation organized and existing under Chapter 617 of the Florida Statutes for the purpose of representing county government in Florida and protecting, promoting, and improving the mutual interests of all counties in the State. Among the express purposes for which FAC was organized is to defend the "rights. . of county government under any constitutional provision [and] statute..." All of Florida's 67 counties are members of the FAC. 4. The name, address, telephone number, and email addresses of counsel for the Petitioners, to which all communications regarding this Petition shall be directed, are: 2 Packet Page -2075- 6/24/2014 16.K.6. Gregory T. Stewart Carly J. Schrader Nabors, Giblin & Nickerson, P.A. 1500 Mahan Drive, Suite 200 Tallahassee, Florida 32308 gstewart@ngnlaw.com cschrader @ngnlaw.com (850) 224 -4070 (850) 224 -4073 (Facsimile) Additional counsel of record are listed below. 5. This Petition is timely filed in these proceedings, within 10 days of the final hearing on the Proposed Rules, held June 6, 2014. III. Explanation of Substantial Interests 6. Proposed Rules 63G- 1.011, 1.013, 1.016, and 1.017 ( "Proposed Rules ") govern the allocation of costs amongst the counties and the State for the joint statutory responsibility for providing for the costs of secure detention care, under the provisions of section 985.686, Florida Statutes, the law implemented. 7. The Petitioning Counties and a substantial number of petitioner FAC's members are non - fiscally constrained counties, and pay a portion of the costs of secure juvenile detention, pursuant to section 985.686, Florida Statutes, and are substantially and adversely affected by the Proposed Rules 63G - 1.011, 63G - 1.013, 63G - 1.016, and 63G - 1.017, Florida Administrative Code, because the Proposed Rules directly impact how cost for secure juvenile detention under Chapter 985, Florida Statutes, is allocated between the State and the various counties, and inappropriately allocate a portion of the costs to the counties for which they are not statutorily responsible. I "Fiscally constrained county" is defined by section 985.686(2)(b), Florida Statutes. Pursuant to section 985.686(4), Florida Statutes, "the state shall pay all costs of detention care for juveniles for which a fiscally constrained county would otherwise be billed." 3 Packet Page -2076- 6/24/2014 16.K.6. 8. As alleged herein, a substantial number of FAC's members are substantially affected by the Department's Proposed Rules, and the subject matter of these proceedings are clearly within FAC's scope of interest and activity, and the relief requested is appropriate for FAC to receive on behalf of its members. IV. Notice of Agency Decision 9. The Department's Notice of Proposed Rules for Rules 63G -1.011 63G - 1.013, 63G- 1.016, and 63G - 1.017, Florida Administrative Code, appeared in the May 15, 2014, issue of the Florida Administrative Weekly. 10. A public hearing was held on June 6, 2014, in which the Petitioners participated, and comments and objections to the Proposed Rules were provided. V. Disputed Issues of Material Fact 11. Whether the Proposed Rules inappropriately shift a portion of the costs of secure detention to the counties from the State for which the counties are not statutorily responsible. 12. Whether the Department's Proposed Rules are inconsistent with its agency practices and policies subsequent to the invalidation of its 2010 rules. 13. Whether the Proposed Rules enlarge, modify, or contravene section 985.686, Florida Statutes, the specific provisions of law implemented; are vague and fail to establish adequate standards for agency decisions, or vest unbridled discretion in the agency; and /or are arbitrary or capricious, and therefore an invalid exercise of delegated legislative authority. 14. Whether the Proposed Rules impose regulatory costs that could be reduced by the adoption of less costly alternatives that substantially accomplish the statutory objectives, and are therefore are an invalid exercise of delegated legislative authority. 4 Packet Page -2077- 6/24/2014 16.K.6. VI. Provisions Alleged to be Invalid and Concise Statement of Ultimate Facts or Grounds for the Invalidity 15, Under Florida law, the cost for providing secure juvenile detention is shared between the State of Florida and various counties within the State. The respective responsibility, as between the State of Florida and the various counties, is established by section 985.686, Florida Statutes. Subsection 985.686(3), Florida Statutes, provides: (3) Each county shall pay the costs of providing detention care, exclusive of the costs of any preadjudicatory nonmedical educational or therapeutic services and $2.5 million provided for additional medical and mental health care at the detention centers, for juveniles for the period of time prior to final court disposition. The department shall develop an accounts payable system to allocate costs that are payable by the counties. (Emphasis added). 16. On July 16, 2006, the Department of Juvenile Justice promulgated Rules 63G- 1.002, 63G- 1.004, 63G- 1.007, and 63G - 1.008, Florida Administrative Code, among others, setting forth the definitions and procedures for calculating the costs as between the State of Florida and the various counties. These rules were repealed as of July 6, 2010 and in their place, the Department adopted Rules 63G - 1.011, 63G - 1.013, 63G - 1.016, and 63G - 1.017, Florida Administrative Code. Although the previous rules defined "final court disposition," for purposes of determining the counties' responsibility for providing the costs of secure detention, the 2010 rules replaced this with a definition of "commitment," so that the State was only responsible for days occurring after a disposition of commitment. This had the effect of transferring the responsibility for tens of thousands of days of detention from the State to the counties. In addition, the 2010 rules failed to provide a process by which the counties were only charged their respective actual costs of secure detention. F Packet Page -2078- 6/24/2014 16.K.6. 17. In 2012, several counties challenged Rules 63G- 1.011, 63G - 1.013, 63G - 1.016, and 63G- 1.017, Florida Administrative Code, as an invalid exercise of delegated legislative authority, because these rules replaced the statutory dividing line for the costs of secure detention with "commitment," and because the rules resulted in the overcharging of counties for their respective actual costs of secure detention. On July 17, 2012, a Final Order was issued by Administrative Law Judge W. David Watkins, who agreed with the counties and found that the rules were an invalid exercise of delegated legislative authority. Okaloosa County, et al. v. Department of Juvenile Justice, DOAH Case No. 12- 0891RX (Final Order July 17, 2012). This ruling was affirmed on appeal. Department of Juvenile Justice v. Okaloosa County, 113 So. 3d 1074 (Fla. 1st DCA 2013) ( "Rule Challenge "). 18. Shortly after the decision of the First District Court of Appeal was issued in the Rule Challenge, the Department issued an interpretation that the decision required the State would be responsible for all detention days occurring after a final court disposition, including a final court disposition of commitment, probation, or dismissal of the charge. This interpretation changed the counties' collective responsibility for the costs of detention care from approximately 74 percent of the total costs, to approximately 32 percent of the total costs. This interpretation was also stipulated to by the Department in three separate administrative proceedings. Bay County et al. v. Department of Juvenile Justice, DOAH Case Nos. 11 -0995, et al. (consolidated) Joint Stipulation of Facts and Procedure filed December 6, 2013; Okaloosa County v. Department of Juvenile Justice, DOAH Case Nos. 11 -5894, Joint Stipulation of Facts and Procedure filed December 9, 2013; Volusia County et al. v. Department of Juvenile Justice, DOAH Case Nos. 13 -1442 et al. (consolidated), Joint Stipulation of Fact and Procedure filed December 17, 2013. G Packet Page -2079- 6/24/2014 16.K.6. 19. During the budgeting process for the 2014 -15 Fiscal Year, the Department altered its interpretation of the Rule Challenge decision in order to limit its responsibility for the costs of detention care. Instead of accepting full responsibility for the costs of detention days occurring after final court disposition, the Department has now shifted to the counties the responsibility for detention days occurring after a final court disposition of probation for new law violations of probation. This changed the counties' collective responsibility for the costs of secure detention care from approximately 32 percent to approximately 57 percent. 20. On May 15, 2014, the Department advertised Proposed Rules 63G- 1.011, 1.013, 1.016, and 1.017. The purpose of the amendments, as stated by the Department, was to "comply with a recent appellate decision invalidating portions of the department's rules implementing detention cost share." However, the Proposed Rules do not comply with section 985.686, Florida Statutes, the decision issued in the Rule Challenge, or the Department's prior interpretation of the same. 21. Instead, the Proposed Rules provide definitions in Rule 63G -1.01 I for "predisposition" and "postdisposition" which, assign responsibility to the counties for days occurring after final court disposition, including but not limited to, those circumstances where a juvenile that is on probation has a new law violation of that probation. 22. These definitions must also be read in conjunction with Rules 63G- 1.013, 1.016, and 1.017, which provide the process by which the Department calculates both the estimated costs to the counties at the beginning of the fiscal year, and the reconciliation process at the end of the fiscal year, which ultimately determines the costs to the counties. Through the application of the definitions for "predisposition" and "postdisposition" in the remaining Proposed Rules, the Department passes on the costs of secure detention days occurring after a "final court 7 Packet Page -2080- 6/24/2014 16.K.6. disposition" that include, but are not limited to, those circumstances where a juvenile that is on probation has a new law violation of that probation. 23. The above definitions and the application thereof in the Proposed Rules enlarge, modify, or contravene the statute sought to be implemented. 24. The Proposed Rules are arbitrary and capricious by inappropriately applying an interpretation of the Rule Challenge decision in the Proposed Rules which is in conflict with that decision and the Department's prior interpretation of the same, and its past agency practices or policies implemented shortly after the Rule Challenge decision, in fall of 2013. 25. The result of the Department's invalid exercise of legislative authority is a misallocation of the respective costs of secure detention as between the counties and the State. 26. The Proposed Rules also fail to exclude from the "actual costs" certain costs exempted from the counties' responsibility for detention cost share, in section 985.686(3), Florida Statutes, for the "costs of any preadjudicatory nonmedical educational or therapeutic services and $2.5 million provided for additional medical and mental health care at the detention centers." 27. The Proposed Rules are vague for failure to provide a definition of "actual costs" or "actual expenditures" or "total expenditures" as used within Rules 63G -1.011 and 1.017. In addition, the definition of "actual per diem" and its application within Proposed Rules 63G -1.011 and 1.017 is vague and ambiguous and internally inconsistent. 28. As currently drafted, the process prescribed by the Proposed Rules for calculating the estimate and the total year -end costs allocated to the counties is vague and ambiguous, fails to establish adequate standards for agency decisions, or vests unbridled discretion in the agency; and/or improperly attempts to enlarge, modify, or contravene section 985.686, Florida Statutes. K Packet Page -2081- 6/24/2014 16.K.6. Further, Rules 63G -1.013 and 63 -1.017 of the Proposed Rules fail to provide for input from the counties as provided for by section 985.686(6), Florida Statutes. 29. The Proposed Rules impose regulatory costs that could be addressed by the adoption of a less costly alternative. VII. Specific Statutes Requiring Reversal 30. The Proposed Rules enlarge, modify, or contravene the specific provisions of law implemented, section 985.686, Florida Statutes, for the reasons stated herein, under sections 120.56 and 120.52(8)(c), Florida Statutes. 31. The Proposed Rules are vague and fail to establish adequate standards for agency decisions, or vest unbridled discretion_ in the agency; and/or are arbitrary and capricious, under sections 120.56 and 120.52(8)(d) -(e), Florida Statutes. 32. The Proposed Rules impose regulatory costs that could be addressed by the adoption of a less costly alternative, under sections 120.52(8)(f) and 120.541, Florida Statutes, 33. Petitioners are obligated to pay their attorneys a reasonable fee and are entitled to recover their reasonable costs and attorney's fees under section 120.595(2), Florida Statutes. 34. To the extent it may be required, (without conceding the same), this Petition is also being served on the Department of Financial Services under the provisions of section 284.30, Florida Statutes, WHEREFORE, Petitioners, FLORIDA ASSOCIATION OF COUNTIES, ALACHUA COUNTY, BAY COUNTY, BREVARD COUNTY, CHARLOTTE COUNTY, COLLIER COUNTY, ESCAMBIA COUNTY, FLAGLER COUNTY, HERNANDO COUNTY, HILLSBOROUGH COUNTY, LAKE COUNTY, LEE COUNTY, LEON COUNTY, MANATEE COUNTY, MARTIN COUNTY, NASSAU COUNTY, OKALOOSA COUNTY, C Packet Page -2082- 6/24/2014 16.K.6. PALM BEACH COUNTY, PINELLAS COUNTY, SANTA ROSA COUNTY, ST. JOHNS COUNTY, ST. LUCIE COUNTY, SARASOTA COUNTY and WALTON COUNTY, respectfully request: A, That a hearing be held in accordance with sections 120.56, 120.569 and 120.57, Florida Statutes; B. That the ALJ enter an administrative determination finding and concluding that Proposed Rules 63G- 1.011, 63G - 1.013, 63G - 1.016, and 63G - 1.017, Florida Administrative Code are invalid; C. That the ALJ enter an award of attorney's fees and costs pursuant to section 120.595(2), Florida Statutes; and D. That the ALJ grant such other relief as is fair and appropriate. DATED this 16th day of June, 2014, GRF,GOR T. STEWART Florida Bar No. 203718 CARLY J. SCHRADER Florida Bar No. 14675 Nabors, Giblin & Nickerson, P.A. 1500 Mahan Drive, Suite 200 Tallahassee, Florida 32308 (850)224 -4070 (850) 224 -4073 (Facsimile) gstewartcr�,ngnlaw.com cschrader @ngnlaw.com legal-admin@ngnlaw.com COUNSEL FOR PETITIONERS VIRGINIA DELEGAL Florida Bar No. 989932 General Counsel Florida Association of Counties 100 South Monroe Street Tallahassee, Florida 32301 850 -922 -4300 850 - 488 -7192 (Facsimile) gdelegal @fl- counties.com Co- Counsel for Florida Association of Counties 10 Packet Page -2083- 6/24/2014 16.K.6. MICHELE L, LIEBERMAN JANETTE S. KNOWLTON Florida Bar No. 134864 Florida Bar No. 77232 Alachua County Attorney Charlotte County Attorney ROBERT LIVINGSTON, IV DANIEL E. GALLAGHER Florida Bar No. 0003840 Florida Bar No. 872822 Assistant County Attorney Assistant County Attorney Post Office Box 5547 18500 Murdock Circle, 5th Floor Gainesville, Florida 32627 Port Charlotte, Florida 33948 (352) 374 -5218 (941) 743 -1330 (352) 374 -5216 (Facsimile) (941) 743 -1550 (Facsimile) mlieberman@alachuacounty.us janette.knowlton @charlottefl.com rl @alachuacounty.us daniel.gallagher @charlottefl.com Co- Counsel for Alachua County Co- Counsel for Charlotte County TERRELL K. ARLINE JEFFREY A. KLATZKOW Florida Bar No. 306584 Florida Bar No. 644625 County Attorney Collier County Attorney JENNIFER W. SHULER 3299 Tamiami Trail East, Suite 800 Florida Bar No. 728810 Naples, Florida 34112 Assistant County Attorney (239) 252 -8400 Bay County Attorney's Office (239) 252 -6300 (Facsimile) 840 West 11th Street jeffklatzkow @colliergov.net Panama City, Florida 32401 -2336 Co- Counsel for Collier County (850) 248 -8176 (850) 248 -8189 (Facsimile) CHARLES V. PEPPLER tarline @baycountyfl.gov Florida Bar No. 239739 jshuler @baycountyfl.gov Deputy County Attorney Co- Counsel for Bay County Escambia County 221 Palafox Place, Suite 430 SHANNON L. WILSON Pensacola, Florida 35202 Florida Bar No. 332836 (850) 595 -4970 Deputy County Attorney (850) 595 -4979 (Facsimile) Brevard County cpeppler @co.escambia.fl.us 2725 Judge Fran Jamieson Way Co- Counsel for Escambia County Viera, Florida 32940 (321) 633 -2090 ALBERT J. HADEED (321) 633 -2096 (Facsimile) Florida Bar No. 180906 shannon.wilson @brevardcounty.us Flagler County Attorney Co- Counsel for Brevard County 1769 E. Moody Boulevard Building 2 Bunnell, Florida 32110 (386) 313 -4005 (386) 313 -4105 (Facsimile) ahadeed@flaglercounty.org Co- Counsel for Flagler County 11 Packet Page -2084- GARTH COLLER Florida Bar No. 374849 Hernando County Attorney JON A. JOUBEN Deputy County Attorney 20 N. Main Street, Suite 462 Brooksville, Florida 34601 (352) 754 -4122 (352) 754 -4001 (Facsimile) garthc @co.hernando.fl.us jjouben@hemandocounly.fl.us Co- Counsel for Hernando County STEPHEN M. TODD Florida Bar No. 886203 Senior Assistant County Attorney Hillsborough County Attorney's Office Post Office Box 1110 Tampa, Florida 33601 -1110 (813) 272 -5670 (813) 272 -5758 (Facsimile) todds @hillsboroughcounty.org Co- Counsel for Hillsborough County SANFORD A. MINKOFF Florida Bar No. 0220175 Lake County Attorney MELANIE MARSH Florida Bar No. 0136522 Deputy County Attorney Post Office Box 7800 315 West Main Street, Suite 335 Tavares, Florida 32778 -7800 (352) 343 -9787 (352) 343 -9646 (Facsimile) sminkoff@lakecountyfl.gov mmarsh@lakeeountyfl.gov Co- Counsel for Lake County 6/24/2014 16.K.6. RICHARD WM. WESCH Florida Bar No. 710921 County Attorney ASHLEY D. ROBERTS Florida Bar No. 138045 Assistant County Attorney Lee County Attorney's Office 2115 Second Street Post Office Box 398 Fort Myers, Florida 33902 -0398 (239) 533 -2236 (239) 485 -2106 (Facsimile) rwesch @leegov.com aroberts @leegov.com Co- Counsel for Lee County HERBERT W. A. THIELE Florida Bar No. 261327 Leon County Attorney 301 South Monroe Street, Suite 202 Tallahassee, Florida 32301 (850) 606 -2500 (850) 606 -2501 (Facsimile) thieleh@leoncountyfl.gov Co- Counsel for Leon County MITCHELL O. PALMER Florida Bar No. 351873 Manatee County Attorney JAMES A. MINIX Florida Bar No. 239240 Assistant County Attorney Post Office Box 1000 Bradenton, Florida 34206 -1000 (941) 745 -3750 (941) 749 -3089 (Facsimile) mitchell.palmer @mymanatee.org jim.minix@mymanatee.org Co- Counsel for Manatee County 12 Packet Page -2085- MICHAEL D. DURHAM Florida Bar No. 399485 Martin County Attorney Martin County Administrative Center 2401 SE Monterey Road Stuart, FL 34996 -3322 (772) 288 -5438 (772) 288 -5439 (Facsimile) mdurham @martin.fl.us Co- Counsel for Martin County DAVID A. HALLMAN Florida Bar No. 0825794 County Attorney Nassau County Attorney's Office 96135 Nassau Place, Suite 6 Yulee, Florida 32097 (904) 548 -4590 (904) 321 -2658 (Facsimile) dhallman@nassaucountyfl.com jbradley@nassaucountyfl.com Co- Counsel for Nassau County DENISE MARIE NIEMAN 6/24/2014 16.K.6. JAMES BENNETT Florida Bar No. 698873 Pinellas County Attorney CARL E. BRODY Florida Bar No. 0102229 Senior Assistant County Attorney 315 Court Street, 6th Floor Clearwater, Florida 33756 (727) 464 -3354 (727) 464 -4147 (Facsimile) jbennett@pinellascounty.org cbrody @pinellascounty.org Co- Counsel for Pinellas County ANGELA J. JONES Florida Bar No. 096441 Santa Rosa County Attorney 6495 Caroline Street, Suite C Milton, Florida 32570 (850) 983 -1857 (850) 983 -1856 (Facsimile) angiej@santarosa.fl.gov Co- Counsel for Santa Rosa County Florida Bar No. 642118 PATRICK F. McCORMACK County Attorney Florida Bar No. 61980 AMY T. PETRICK St. Johns County Attorney Florida Bar No. 0315590 500 San Sebastian View Assistant County Attorney St. Augustine, Florida 32084 Palm Beach County Attorney's Office (904) 209 -0805 300 N. Dixie Highway (904) 209 -0806 (Facsimile) West Palm Beach, FL 33401 pmccormack @sjcfl.us (561) 355 -2225 Co- Counsel for St. Johns County (561) 355 -3600 (Facsimile) DNieman@pbcgov.org DANIEL S. MCINTYRE APetrick @pbcgov.org Florida Bar No. 287571 Co- Counsel for Palm Beach County St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 (772) 462 -1420 (772) 462 -1440 (Facsimile) mcintyred@stlucieco.org Co- Counsel for St. Lucie County 13 Packet Page -2086- 6/24/2014 16.K.6. STEPHEN E. DF,MARSH Florida Bar No. 0335649 Sarasota County Attorney DAVID M. PEARCE Florida Bar No. 01 07905 Assistant County Attorney 1660 Ringling Boulevard Second Floor Sarasota, Florida 34236 (941) 861 -7272 (941) 861 -7267 (Facsimile) sdemarsh @scgov.net dpearce@scgov.net Co- Counsel for Sarasota County MARK D. DAVIS Florida Bar No. 764700 Walton County Attorney Office of the County Attorney 161 East Sloss Avenue DeFuniak Springs, Florida 32435 (850) 892 -8110 (850) 892 -8471 (Facsimile) mdd @co.walton.fl.us Co- Counsel for Walton County CERTIFICATE, OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Petition for Rule Challenge has been furnished by U.S. Mail to Jeff Atwater, Chief Financial Officer, Florida Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399 -0301, this 16th--day of June, 2014. 14 Packet Page -2087- �,.�. big .