Title: Juvenile Justice

Summary: Revises name program & creates an additional program within DJJ; repeals provisions relating to shared county & state responsibility for juvenile detention; removes obsolete language concerning sharing of costs.

Full Text:
An act relating to juvenile justice; amending s. 20.316, F.S.; revising the name of a program and creating an additional program within the Department of Juvenile Justice; repealing s. 985.686, F.S., relating to shared county and state responsibility for juvenile detention; amending s. 985.6865, F.S.; deleting provisions relating to legislative findings and legislative intent; deleting a provision requiring each county that is not a financially constrained county to pay its annual percentage share of the total shared detention costs; requiring the Department of Juvenile Justice to calculate and provide to each county that does not provide its own detention care for juveniles its annual percentage share; requiring each county that does not provide its own detention care for juveniles to incorporate into its annual budget sufficient funds to pay its annual percentage share; conforming provisions to changes made by the act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (a) of subsection (2) and subsection (3) of section 20.316, Florida Statutes, are amended, and HB 1361 2020 paragraph (f) is added to subs ection (2) of that section, to read: 20.316 Department of Juvenile Justice.-There is created a Department of Juvenile Justice. (2) DEPARTMENT PROGRAMS.-The following programs are established within the Department of Juvenile Justice: (a) Prevention and Victim Services.(f) Accountability and Program Support. The secretary may establish assistant secretary positions and a chief of staff position as necessary to administer the requirements of this section. (3) JUVENILE JUSTICE OPERATING CIRCUITS.-The department shall plan and administer its programs through a substate structure that conforms to the boundaries of the judicial circuits prescribed in s. 26.021. A county may seek placement in a juvenile justice operating circuit other than as prescribed in s. 26.021 for participation in the Prevention and Victim Services Program and the Probation and Community Corrections Program by making a request of the chief circuit judge in each judicial circuit affected by such request. Upon a showing that geograph ic proximity, community identity, or other legitimate concern for efficiency of operations merits alternative placement, each affected chief circuit judge may authorize the execution of an interagency agreement specifying the alternative HB 1361 2020 juvenile justice operating circuit in which the county is to be placed and the basis for the alternative placement. Upon the execution of said interagency agreement by each affected chief circuit judge, the secretary may administratively place a county in an alternative juv enile justice operating circuit pursuant to the agreement. Section 2. Section 985.686, Florida Statutes, is repealed. Section 3. Section 985.6865, Florida Statutes, is amended to read: 985.6865 Juvenile detention.-(1) The Legislature finds tha tvarious 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 detentio ncosts 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. HB 1361 2020 Furthermore, all counties that are not fiscally constrained shall execute a release and waiver of any existing or future claims and actions aris ing 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 underpayment for any cost-sharing requirements before the 2016-2017 fiscal year. (1)(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 Go vernor 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. (2)(4) 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 HB 1361 2020 action fulfilling the intent of this section as described in subsection (2) shall pay its annual percentage share of 102 percent of the total shared detention costs. Annually by July 15, 2017, and each year thereafter, the department shall calculate and provide to each count ythat is not a fiscally constrained county and does not provide its own detention care for juveniles, its annual percentage share by dividing the total number of detention days for juveniles residing in the county for the most recently completed-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 and does not provide its own detention care for juveniles must be multiplied by 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 shal lbe paid in equal payments due on the first day of each month. The state shall pay the remaining actual costs of detention care. (3)(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 HB 1361 2020 juveniles. (4)(6) Each county that is not a fiscally constrained county and that does not provide its own detention care for juveniles 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 (2)(4). (5)(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. (6)(8) The department shall dete rmine each quarter whether the counties are remitting funds as required by this section. (7)(9) Funds received from counties pursuant to this section are not subject to the service charges provided in s. 215.20. (8)(10) The department may adopt rules to administer this section. Section 4. This act shall take effect July 1, 2020.