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<br /> <br /> <br />funding agreement for legal aid with Florida Rural Legal <br />Services, Inc., as recommended in the memorandum of <br />November 9, 2004. <br /> <br />AGREEMENT IS ON FILE <br />IN THE OFFICE OF THE CLERK TO THE BOARD <br /> <br />7.L. UCDJ <br />PDATE TO OMMISSION OF THE EPARTMENT OF UVENILE <br />J(DJJ)L–CR <br />USTICE ITIGATION OURT ULING <br />In response to Commissioner Lowther’s request, County Attorney Collins explained <br />the history of this matter from the passage of the Article V amendment to the Constitution that <br />shifted some of the court costs from the counties to the state. Last year, the Legislature made the <br />counties responsible for funding the pre-detention housing of arrested juveniles. Since that <br />legislation was not passed by a two-thirds vote of the Legislature as required by the Constitution, it <br />is considered an “unfunded mandate”. Fifteen counties along with the Florida Association of <br />Counties sued; the judge in the case issued a ruling that the law was unconstitutional, enjoined the <br />DJJ from enforcing the law, and enjoined the Chief Financial Officer (Tom Gallagher) from <br />garnishing county monies. We don’t know yet what further steps will be taken, whether there will <br />be an appeal or whether the Legislature will try to achieve the super majority, but at this point the <br />County has won the case. The original estimate of cost to the County was about $300,000 for this <br />pre-detention housing of juveniles in the correctional system. It was a very clear victory. <br /> <br />MOTION WAS MADE by Commissioner Lowther, <br />SECONDED by Commissioner Davis, the Board <br />unanimously accepted the update. <br /> <br />November 23, 2004 <br />8 <br /> <br />