Bill Text: FL S0164 | 2021 | Regular Session | Introduced


Bill Title: Juvenile Justice

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-12-04 - Withdrawn prior to introduction, companion bill(s) passed, see CS/CS/HB 885 (Ch. 2021-219) [S0164 Detail]

Download: Florida-2021-S0164-Introduced.html
       Florida Senate - 2021                                     SB 164
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00045-21                                             2021164__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         20.316, F.S.; creating a new program within the
    4         Department of Juvenile Justice and revising the name
    5         of an existing program; repealing s. 985.686, F.S.,
    6         relating to shared county and state responsibility for
    7         juvenile detention; amending s. 985.6865, F.S.;
    8         deleting provisions relating to legislative findings
    9         and legislative intent; deleting provisions relating
   10         to cost sharing; deleting a provision requiring each
   11         county that is not a fiscally constrained county to
   12         pay its annual percentage share of the total shared
   13         detention costs; requiring the Department of Juvenile
   14         Justice to calculate and provide to each county that
   15         is not a fiscally constrained county and that does not
   16         provide its own detention care for juveniles its
   17         annual percentage share; requiring each county that is
   18         not a fiscally constrained county and that does not
   19         provide its own detention care for juveniles to
   20         incorporate into its annual budget sufficient funds to
   21         pay its annual percentage share; amending s. 943.0582,
   22         F.S.; deleting a requirement that limits diversion
   23         program expunction to programs for misdemeanor
   24         offenses; amending s. 985.126, F.S.; conforming a
   25         provision to changes made by the act; providing an
   26         effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Upon the expiration and reversion of the
   31  amendment made to section 20.316, Florida Statutes, pursuant to
   32  section 65 of chapter 2020-114, Laws of Florida, subsections (2)
   33  and (3) of section 20.316, Florida Statutes, are amended to
   34  read:
   35         20.316 Department of Juvenile Justice.—There is created a
   36  Department of Juvenile Justice.
   37         (2) DEPARTMENT PROGRAMS.—The following programs are
   38  established within the Department of Juvenile Justice:
   39         (a) Accountability and Program Support.
   40         (d)(a) Prevention and Victim Services.
   41         (c)(b) Intake and Detention.
   42         (f)(c) Residential and Correctional Facilities.
   43         (e)(d) Probation and Community Corrections.
   44         (b)(e) Administration.
   45  
   46  The secretary may establish assistant secretary positions and a
   47  chief of staff position as necessary to administer the
   48  requirements of this section.
   49         (3) JUVENILE JUSTICE OPERATING CIRCUITS.—The department
   50  shall plan and administer its programs through a substate
   51  structure that conforms to the boundaries of the judicial
   52  circuits prescribed in s. 26.021. A county may seek placement in
   53  a juvenile justice operating circuit other than as prescribed in
   54  s. 26.021 for participation in the Prevention and Victim
   55  Services Program and the Probation and Community Corrections
   56  Program by making a request of the chief circuit judge in each
   57  judicial circuit affected by such request. Upon a showing that
   58  geographic proximity, community identity, or other legitimate
   59  concern for efficiency of operations merits alternative
   60  placement, each affected chief circuit judge may authorize the
   61  execution of an interagency agreement specifying the alternative
   62  juvenile justice operating circuit in which the county is to be
   63  placed and the basis for the alternative placement. Upon the
   64  execution of said interagency agreement by each affected chief
   65  circuit judge, the secretary may administratively place a county
   66  in an alternative juvenile justice operating circuit pursuant to
   67  the agreement.
   68         Section 2. Section 985.686, Florida Statutes, is repealed.
   69         Section 3. Subsections (1) through (4) and (6) of section
   70  985.6865, Florida Statutes, are amended to read:
   71         985.6865 Juvenile detention.—
   72         (1) The Legislature finds that various counties and the
   73  Department of Juvenile Justice have engaged in a multitude of
   74  legal proceedings regarding detention cost sharing for
   75  juveniles. Such litigation has largely focused on how the
   76  Department of Juvenile Justice calculates the detention costs
   77  that the counties are responsible for paying, leading to the
   78  overbilling of counties for a period of years. Additionally,
   79  litigation pending in 2016 is a financial burden on the
   80  taxpayers of this state.
   81         (2) It is the intent of the Legislature that all counties
   82  that are not fiscally constrained counties and that have pending
   83  administrative or judicial claims or challenges file a notice of
   84  voluntary dismissal with prejudice to dismiss all actions
   85  pending on or before February 1, 2016, against the state or any
   86  state agency related to juvenile detention cost sharing.
   87  Furthermore, all counties that are not fiscally constrained
   88  shall execute a release and waiver of any existing or future
   89  claims and actions arising from detention cost share prior to
   90  the 2016-2017 fiscal year. The department may not seek
   91  reimbursement from counties complying with this subsection for
   92  any underpayment for any cost-sharing requirements before the
   93  2016-2017 fiscal year.
   94         (1)(3) As used in this section, the term:
   95         (a) “Detention care” means secure detention and respite
   96  beds for juveniles charged with a domestic violence crime.
   97         (b) “Fiscally constrained county” means a county within a
   98  rural area of opportunity as designated by the Governor pursuant
   99  to s. 288.0656 or each county for which the value of a mill will
  100  raise no more than $5 million in revenue, based on the certified
  101  school taxable value certified pursuant to s. 1011.62(4)(a)1.a.,
  102  from the previous July 1.
  103         (c) “Total shared detention costs” means the amount of
  104  funds expended by the department for the costs of detention care
  105  for the prior fiscal year. This amount includes the most recent
  106  actual certify forward amounts minus any funds it expends on
  107  detention care for juveniles residing in fiscally constrained
  108  counties or out of state.
  109         (2)(4)Notwithstanding s. 985.686, for the 2017-2018 fiscal
  110  year, and each fiscal year thereafter, each county that is not a
  111  fiscally constrained county and that has taken the action
  112  fulfilling the intent of this section as described in subsection
  113  (2) shall pay its annual percentage share of 50 percent of the
  114  total shared detention costs. Annually by July 15, 2017, and
  115  each year thereafter, the department shall calculate and provide
  116  to each county that is not a fiscally constrained county and
  117  that does not provide its own detention care for juveniles its
  118  annual percentage share by dividing the total number of
  119  detention days for juveniles residing in the county for the most
  120  recently completed 12-month period by the total number of
  121  detention days for juveniles in all counties that are not
  122  fiscally constrained counties during the same period. The annual
  123  percentage share of each county that is not a fiscally
  124  constrained county and that does not provide its own detention
  125  care for juveniles must be multiplied by 50 percent of the total
  126  shared detention costs to determine that county’s share of
  127  detention costs. Beginning August 1, each such county shall pay
  128  to the department its share of detention costs, which shall be
  129  paid in 12 equal payments due on the first day of each month.
  130  The state shall pay the remaining actual costs of detention
  131  care.
  132         (4)(6) Each county that is not a fiscally constrained
  133  county and that does not provide its own detention care for
  134  juveniles has taken the action fulfilling the intent of this
  135  section as described in subsection (2) shall incorporate into
  136  its annual county budget sufficient funds to pay its annual
  137  percentage share of the total shared detention costs required by
  138  subsection (2) (4).
  139         Section 4. Subsection (1) and paragraph (b) of subsection
  140  (3) of section 943.0582, Florida Statutes, are amended to read:
  141         943.0582 Diversion program expunction.—
  142         (1) Notwithstanding any law dealing generally with the
  143  preservation and destruction of public records, the department
  144  shall adopt rules to provide for the expunction of a nonjudicial
  145  record of the arrest of a minor who has successfully completed a
  146  diversion program for a misdemeanor offense.
  147         (3) The department shall expunge the nonjudicial arrest
  148  record of a minor who has successfully completed a diversion
  149  program if that minor:
  150         (b) Submits to the department, with the application, an
  151  official written statement from the state attorney for the
  152  county in which the arrest occurred certifying that he or she
  153  has successfully completed that county’s diversion program, that
  154  his or her participation in the program was based on an arrest
  155  for a misdemeanor, and that he or she has not otherwise been
  156  charged by the state attorney with, or found to have committed,
  157  any criminal offense or comparable ordinance violation.
  158         Section 5. Subsection (5) of section 985.126, Florida
  159  Statutes, is amended to read:
  160         985.126 Diversion programs; data collection; denial of
  161  participation or expunged record.—
  162         (5) A minor who successfully completes a diversion program
  163  for a first-time misdemeanor offense may lawfully deny or fail
  164  to acknowledge his or her participation in the program and an
  165  expunction of a nonjudicial arrest record under s. 943.0582,
  166  unless the inquiry is made by a criminal justice agency, as
  167  defined in s. 943.045, for a purpose described in s.
  168  943.0582(2)(b)1.
  169         Section 6. This act shall take effect July 1, 2021.

feedback