2004-042 - Laserfiche WebLink

Home Browse Search

BILL: CS/ SB 2564 Page 3 economic conditions, and subject to appropriation, the state will provide grant funding to these counties. The Department of Juvenile Justice is required to produce a cost measurement system to forecast the financial responsibility of each county regarded as "fiscally constrained." This system must take into account essential moneys not just for juvenile pre-trial detention but for the total cost of juvenile detention for all "fiscally constrained" counties. Currently, 27 of the 67 Florida counties meet the bill's definition of "fiscally constrained" and will not be deemed capable of such a financial commitment. According to a detention disposition analysis, conducted by the Department of Juvenile Justice, the following counties meet the distinction of a fiscally constrained county: Baker, Bradford, Calhoun, Columbia, Desoto, Dixie, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hainilton, Hardee, Hendry, Holmes, Jackson, Jefferson, Lafayette, Levy, Liberty, Madison, Okeechobee, Putnam, Suwannee, Taylor, Union, and Washington. The state will continue to directly fund the cost of juvenile detention for these counties. Section 2. This section states that the Legislature has determined and declares that this act fulfills an important state interest. Section 3. Provides an effective date of October 1, 2004. IV. Constitutional Issues: A. Municipality/County Mandates Restrictions: This legislation may be a mandate pursuant to the provisions of Article VII, section 18 of the Florida Constitution. Counties would now be financially responsible for the costs of detention before juveniles who reside in those counties are adjudicated. Any law requiring counties or municipalities to spend money must be approved by 2/3 vote of each house of the legislature unless the law meets one of the constitutional exemptions or exceptions. One exception to the 2/3 vote requirement is for laws that require all similarly situated persons to comply when the Legislature determines that such laws fulfill an important state interest. This bill requires such compliance by the state, other states of residence, and the counties. B. Public Records/Open Meetings Issues: None. C. Trust Funds Restrictions: None.