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RESOLUTION NO. 2016- 013 <br />A RESOLUTION OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY <br />SUPPORTING LEGISLATION TO ADDRESS THE <br />FUNDING OF SECURE JUVENILE DETENTION COSTS; <br />AUTHORIZING THE COUNTY ATTORNEY TO DISMISS <br />PENDING ACTIONS AGAINST THE STATE OF FLORIDA, <br />DEPARTMENT OF JUVENILE JUSTICE UNDER <br />CERTAIN CIRCUMSTANCES; PROVIDING AN <br />EFFECTIVE DATE. <br />WHEREAS, under the provisions of Florida law, the non -fiscally constrained counties, <br />including Indian River County, participate with the State of Florida in sharing the cost of secure <br />juvenile detention; and <br />WHEREAS, over the years, the Department of Juvenile Justice has inappropriately <br />charged many of the counties resulting in unfair and illegal payments in excess of one hundred <br />million dollars; and <br />WHEREAS, for the fiscal years 2009-2010 through 2012-2013, the Department of <br />Juvenile Justice has overcharged Indian River County by the amount of $1,050,075.32; and <br />WHEREAS, Indian River County has instituted several challenges to the actions of the <br />Department of Juvenile Justice in overcharging the County more than its fair share of the costs of <br />secure juvenile detention and is seeking refunds or credits for these overpayments; and <br />WHEREAS, there is currently pending in the Florida Legislature SB 1322 and HB 1279 <br />both of which would establish by statute that the non -fiscally constrained counties would pay no <br />more than 50% of the cost of secure juvenile detention; and <br />WHEREAS, before those bills are acted upon, the Legislature wants assurances that any <br />pending litigation over the cost sharing would be resolved in the event that this legislation is <br />passed and approved by the Governor; and <br />WHEREAS, though the legislation, if adopted, would not provide immediate refunds or <br />credits to Indian River County, it would gradually over time provide a savings to the County <br />through reduced annual payments; and <br />WHEREAS, the County supports the legislation and is willing to dismiss all pending <br />litigation regarding secure juvenile detention costs provided that the legislation is passed and <br />either signed by the Governor or allowed to become law, <br />NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of <br />Indian River County, Florida as follows: <br />Page I of 2 <br />