Resolution 453-2004
Mayor Spehar
RESOLUTION NO. 453
2004
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 LEGISLAnON 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.
WHEREAS, 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
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 VII Section 18 of the
Florida Constitution; and
WHEREAS, the Monroe County has continually 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
discourages the State Department of Juvenile Justice from pursuing appeal of this
decision.
Section 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 directly or indirectly by increasing other
costs to the counties so as to off-set the State's obligation for said detention.
Section 3. The Board of County Commissioners of Monroe County urges the
Monroe Legislative Delegation to resist, work against, and defeat any efforts to
adopt legislation that would shift the cost burden of the detention of juveniles from
the State to the counties, in contravention of 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
Resolution to members of the Monroe Legislative Delegation, the State Department
of Juvenile Justice and to the Governor.
Section 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 Tem McCoy
Commissioner Nelson
____C.ommissioner Neugent
.~~"~~\~missioner Rice
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BOARD Of COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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ANNE A. TTON
ASSISTANT c~ ~TORNEY
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