Florida § 985.6865 - Juvenile detention costs.

§ 985.6865. Juvenile detention costs.

(1) 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. (2) Annually by July 15, the department shall calculate and provide to each county that is not a fiscally constrained county and that 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 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 and that does not provide its own detention care for juveniles 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 day of each month. The state shall pay the remaining actual costs of detention care. (3) Each quarter, the department shall review county juvenile detention payments to ensure that counties fulfill their financial responsibilities required under this section. If the department determines that a county has not met its obligations, the department must direct the Department of Revenue to deduct the amount owed to the department from the funds provided to the county under s. 218.23. The Department of Revenue shall transfer the funds withheld into the Shared County/State Juvenile Detention Trust Fund. (4) As an assurance to holders of bonds issued by counties before July 1 of each year, for which distributions made pursuant to s. 218.23 are pledged, or bonds issued to refund such bonds which mature no later than the bonds they refunded and which result in a reduction of debt service payable in each fiscal year, the amount available for distribution to a county shall remain as provided by law and continue to be subject to any lien or claim on behalf of the bondholders. The Department of Revenue must ensure, based on information provided by an affected county, that any reduction in amounts distributed pursuant to subsection (3) does not reduce the amount of distribution to a county below the amount necessary for the timely payment of principal and interest when due on the bonds and the amount necessary to comply with any covenant under the bond resolution or other documents relating to the issuance of the bonds. If a reduction to a county’s monthly distribution must be decreased in order to comply with this section, the Department of Revenue must notify the department of the amount of the decrease, and the department must send a bill for payment of such amount to the affected county. (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 does not provide its own detention care for juveniles 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). (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) Funds received from counties pursuant to this section are not subject to the service charges provided in s. 215.20. (9) The department may adopt rules to administer this section.