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Board of County Commissioners <br />Page 2 of 2 <br />Fortunately, there appears to be two alternatives to DJJ's reinterpretation. The first alternative is Senate <br />Bill 1532 which is being sponsored by Senator Bradley. Senate Bill 1532 proposes to amend Section <br />985.686, Florida Statutes, in the following ways: (1) by defining the term actual costs, and (2) by <br />eliminating pre- and post -disposition days as the measure of county/state financial obligations for <br />juvenile detention care centers and replacing it with a simplified, predictable and equal cost -share <br />relationship based on actual, verified costs for secure detention and county utilization rates. <br />The second alternative is a proposal that is being made by the Florida House of Representatives (the <br />"House"). In exchange for the Participating Counties to drop the ongoing litigation, the House has <br />proposed to incorporate the benefits of Senate Bill 1532 as well as acknowledge the over payments that <br />were made by the Participating Counties over the last five (5) years. The House's proposal includes a <br />$139.7 million reimbursement plan that would benefit all of the Participating Counties over the next 23 <br />years. According to the Florida Association of Counties, the Participating Counties would receive <br />roughly $.70 on the dollar. Indian River County, specifically, would be entitled to receive a total of <br />$860,690 over the next 23 years (or approximately $37,216 per year). While the reimbursement plan <br />would neither include interest nor compensate the Participating Counties for the full amount that they <br />over -paid the State, it does offer a resolution to the ongoing litigation. <br />Both Senate Bill 1532 and the House's proposal are important because they both propose to codify the <br />cost -share arrangement in statute, thereby replacing DJJ's ability to promulgate invalid rules and/or <br />misinterpret future orders from the Court. The proposed change will also call for the State and the <br />Participating Counties to pay the same rate and an equal share for actual detention costs for the State's <br />juvenile detention care centers. <br />FUNDING: There is no funding associated with this agenda item. <br />RECOMMENDATION: The County Attorney recommends the Board discuss whether it desires to <br />accept the House's proposal, or in the alternative, pass a resolution that encourages our local legislators <br />to support Senate Bill 1532. <br />KPC:LAC <br />F:WrtorneylLindaIGENERALIB C ClAgenda MemoslDepiJuvenile Justice 02 door <br />170 <br />