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Dylan Reingold, CountyAttorney William K. DeBraal, Deputy County Attorney Kate Ptngolt Cotner, Assistant County Attorney Attorney's Matters - B. C C. 2 2 16 Office of INDIAN RIVER COUNTY ATTORNEY EMERGENCY ADDITION FEBRUARY 2, 2016 COUNTY ATTORNEY MATTERS: 13C MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Attor ey DATE: February 1, 2016 r' SUBJECT: Resolution Regarding Litigation with the Department of Juvenile Justice BACKGROUND: Indian River County ("County") has been involved in ongoing litigation with the Florida Department of Juvenile Justice ("Department") since 2013. Currently, the County has three separate appellate cases concerning the methodology used by the Department to determine the County's financial responsibility for supporting its local juvenile detention care facilities for fiscal years 2009-2010, 2010-2011, and 2011- 2012. These cases have been consolidated and joined with a number of similar cases filed by other counties for purposes of oral argument which is set for February 24, 2016, at 2:00 pm. Additionally, in January of 2016, the County filed a petition for a formal administrative hearing with DOAH alleging that the Department used a flawed methodology to calculate the County's financial obligations to support its local juvenile detention care facilities for fiscal year 2014-2015. On January 25, 2016, the referenced DOAH case was consolidated with 19 other counties, and the case was placed into abeyance until the 1St DCA issues an opinion on the appellate cases. While these cases are important, an opportunity for settlement has been offered. Last month, Senator Latvalla filed SB 1322 and Representative Latvalla filed HB 1279 to provide a more equitable allocation of costs between the non -fiscally constrained counties and the State of Florida for secure juvenile detention. The proposed legislation would amend the law to require the non -fiscally constrained counties to pay no more than 50% of the cost of secure juvenile detention. However, before the proposed bills can be heard and supported by other members of the Florida Legislature, the bill sponsors are requesting assurances that the counties would dismiss any pending litigation concerning the cost sharing program in the event that this legislation is passed and signed into law by the Governor. viz aivtr cn I APP;oved �- Date ' LegaAF"P.0;VE0' FOR f — b MEE LING zEGULAR AGENDA COUNTY ATTORNEY �-_ -- ---- -- --- �aLA-1