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Office of INDIAN RIVER COUNTY ATTORNEY County .Attorney's Matters — II6.U3.14 RCC ,Meeting Dylan Reingold County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Bill DeBraal, Deputy County Attorney\A FROM: Kate Pingolt Cotner, Assistant County Attorney6 DATE: May 28, 2014 SUBJECT: Authorization to File a Petition with Department of Juvenile Justice Challenging its Reconciliation Statement for Fiscal Year 2012-2013 BACKGROUND: Pursuant to Section 986.686, Florida Statutes, all non -fiscally restrained counties ("Paying Counties") and the State of Florida have a joint obligation to contribute to the financial support of juvenile detention centers in the State of Florida. Historically, each Paying County is required to pay the actual costs associated with providing detention care for juveniles for the period of time prior to final court disposition. Upon final court disposition, the financial responsibility shifts to the State of Florida, specifically the Florida Department of Juvenile Justice ("DJJ"). The procedure for calculating the shared costs begins with DJJ sending the Paying Counties an estimate based on their actual costs from the previous year. Then, on or before January 31 of each year, DJJ is responsible for providing a reconciliation statement to each Paying County that shows the difference between the estimate and the Paying County's actual costs for that particular fiscal year. The difference is then either invoiced or credited to each Paying County. On November 27, 2013, DJJ issued a reconciliation statement for fiscal year 2012-2013 which specifically stated that Indian River County is entitled to receive a credit of $245,015.79. DJJ, however, has made it clear that it does not intend to credit Indian River County, or any other Paying County, because it does not have the money in its reserves. FUNDING: There are no initial fees or costs associated with filing a petition with the Department of Juvenile Justice for an administrative hearing on this matter. With this said, if any fees or costs arise throughout this process, the Board will be notified immediately. RECOMMENDATION: The County Attorney recommends the Board authorize Indian River County to file a petition with the Department of Juvenile Justice to challenge the reconciliation statement for fiscal year 2012- 2013. Approved for June 3, 2014 BCC Meeting County Attorney's t ra `} ,1 COUNTY ATTORNEY Indian River County Approved Date Administration t' .,1479/1 County Attorney t( 5'-221/ Budget +S�j$/ Community Development /"/// Risk Management --- -_ 101