Item Q25
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
June 15, 2016
Agenda Item Number: Q.2
Agenda Item Summary #1731
BULK ITEM: DEPARTMENT:
Yes County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Bob Shillinger (305) 292-3470
No
AGENDA ITEM WORDING:
Authorization for County Attorney to execute a release and waiver
of any existing or future claims and actions against the Florida Department of Juvenile Justice
arising from detention costs share prior to the 2016-2017 fiscal year.
ITEM BACKGROUND:
The State and the counties have had a protracted dispute over the
appropriate division of the cost share for detaining juveniles facing delinquency charges. After
lengthy litigation over the issue, the Legislature passed chapter 2016-152 which establishes a new
methodology and system for paying for detention costs. Under the new statute, each non-fiscally
constrained county would pay its percentage share of 50% of the detention costs to DJJ in 12
monthly installments. This new system
will eliminate projection-based billing (based on estimates) and
use actual pre/post detention costs as a billing measure. All detention days will be treated the same with a
50/50 cost split between state and participating counties. Based on estimates prepared by the Florida
Association of Counties (FAC), this will save counties between $12 to 13 million statewide per year. For
Monroe, FAC estimated that we will save $61,410 a year with this legislation versus the existing rule under
which the county pays 57 percent of the share of detention costs for juveniles detained as a result of
delinquent acts committed in Monroe County.
As a condition of participating in the new system, the new statute requires counties to release and
waive any claims that it has against DJJ for detention cost share expenses prior to July 1, 2016. In
consideration for that release, the DJJ is prevented by law from pursuing claims against any county
that "under payed" its share in prior years.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
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Release and Waiver FS 986.6865 - Monroe County
chapter 2016-152 Laws of Florida
Link to additional Information on the underlying dispute on the Florida Association of Counties'
website
FINANCIAL IMPACT:
Effective Date: July 1, 2016
Expiration Date: none
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted:
n/a
Source of Funds: n/a
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: n/a If yes, amount: n/a
Grant:
n/a
County Match
:
Insurance Required:
Additional Details: Annual cost savings estimated at approximately $61,000 per year.
The Florida Association of Counties estimates that Monroe County will save approximately
$61,410 per year under the new cost share methodology. Due to a number of variables, it is
impossible to determine the exact amount of the savings.
REVIEWED BY:
Bob Shillinger Completed 05/26/2016 3:13 PM
Budget and Finance Completed 05/27/2016 7:55 AM
Kathy Peters Completed 05/31/2016 10:34 AM
Board of County Commissioners Pending 06/15/2016 9:00 AM
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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, MONROE 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.
By: ______________________________
Printed Name: Robert B. Shillinger
Position/Title: Monroe County Attorney
Dated: _________________
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