Item M4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15,2004
Division:
District 1
Bulk Item: Yes
No
Department: Mayor Dixie M. Spehar
AGENDA ITEM WORDING:
Approval of a Resolution supporting the Second Judicial Circuit Court's opinion to place the burden of
funding Juvenile Detention on the state; urging the Monroe Legislative Delegation to oppose
legislation that amends, modifies or changes the state obligation for payment for juvenile detainees;
urging the Governor to oppose and, if necessary, veto any such legislation; providing for transmittal of
copies of the resolution; providing an effective date.
ITEM BACKGROUND:
Section 985.2155 of the Florida Statutes requires that a county pay the costs of the Department of
Juvenile Justice for providing detention care to juveniles and on November 12,2004, the Circuit Court
of the Second Judicial Circuit in and for Leon County, Florida, declared that Section 985.2155 of the
Florida Statutes to be unconstitutional as forbidden by Article VII Section 18 of the Florida
Constitution.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH Year
APPROVED BY: County Atty ----X- OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL:
1~ J?2 ~a-U
Mayor IXIe M. Spehar
DOCUMENTATION:
Included
To Follow X
Not Required_
DISPOSITION:
AGENDA ITEM #Mi-
Revised 1/03
OEC-02-04 10,39 FROM,MONROE COUNTY ATTY OFFICE 10,3052923518
PAGE 1/2
Mayor Spehar
RESOLunON NO.
2004
A RESOLUnON SUPPORnNG THE SECOND JUDICIAL CIRCUn
COURT'S OPINION TO PLACE THE BURDEN OF FUNDING
JUVENILE DETENTION ON THE STATE; URGING THE MONROE
LEGJSLAnvE DELESAUON TO OPPOSE LEGISLADON THAT
AMENDS, MODIFIES OR CHANGES THE STATE OBUGAnON fOR
PAYMENT FOR JUVENILE DETAINEd; URGING THE GOVERNOR
TO OPPOSE AND, IF NECESSARY, VETO ANY SUCH
LEGlSLAnON; PROVIDING FOR TRANSMITTAL OF COPIes 0'
THE RESOLUnON; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 985.2155 of the Ronda Statutes requires that a county
pay the costs of the Department of Juvenile Justice for providing detention care to
juveniles; and
WHEREAS, on November 12, 2004, the Circuit Court of the second Judicial
Circuit in and for- Leon County, Florida, declared that Section 985.2155 of the
Florida Statutes to be unconstitutional as forbidden by Article VIr section 18 of the
FIortda Constitution; and
WHEREAS, the Monroe County has mntinually opposed efforts by the state
to impose unfunded mandates on local government; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY:
section 1. The Board of County Commissioners of Monroe County fully
supports and applauds the deciSion of the second Judicial Circuit Court and strongly
dismurages the State Department of Juvenile Justice from pursuing appeal of this
decision.
$ediOn 2.. The Board of COunty Commissioners of Monroe County dOes
hereby express its opposition to any proposed legislation which attempts to shift
the cost of juvenile detention to the counties either directlv or indirectly by
increasing other costs to the counties so as to off-set the State's obligation for said
detention.
5edio!, 3. The Board of County Commissioners of Monroe County urges
the Monroe legislative Delegation to resist, work against, and defeat any efforts to
adopt Iegistation that would shift the cost burden of the detention of juveniles from
the State to the counties, in contravention d the Second Judicial Circuit Court's
opinion. The Board of COunty Commissioners of Monroe County further urges the
Governor to oppose and, if necessary, veto any such legislation.
Section 4. The Clerk of the Board is authorized and directed to send copies
of this ResoJutiOn to members of the Monroe Legislative Delegation, the State
Department of JuvenIle Justice and to the Governor.
U~G-~~-~4 l~'~~ TWUM,MUNRUE CUUNTY ATTY UFFICE 10,3052923516
PAGE
2/2
$eCtiOn 5. Effective Date. ThiS Resolution shall become effective upon
signature by the Mayor.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
COunty, Florida, at a regular meeting of said Board held on the 15th day of
December, 2004.
Mayor Spehar
Mayor Pro Tern MCCOy
CommiSSioner NelsOn
Commissioner Neugent
COmmissioner Rice
(SEAL)
Attest: DANNY l.KOLHAGE, Clerk
BOARD Of COUNTY COMMISSIONERS
OFMONROEOOUNTY,~OA
8y
By
Mayor/Chairperson
Deputy aerk
Jresiuvjail
NH A. iTON
..... ASSlSlANT ~~jr