HomeMy WebLinkAbout2016-013RESOLUTION NO. 2016- 013
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY
SUPPORTING LEGISLATION TO ADDRESS THE
FUNDING OF SECURE JUVENILE DETENTION COSTS;
AUTHORIZING THE COUNTY ATTORNEY TO DISMISS
PENDING ACTIONS AGAINST THE STATE OF FLORIDA,
DEPARTMENT OF JUVENILE JUSTICE UNDER
CERTAIN CIRCUMSTANCES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, under the provisions of Florida law, the non -fiscally constrained counties,
including Indian River County, participate with the State of Florida in sharing the cost of secure
juvenile detention; and
WHEREAS, over the years, the Department of Juvenile Justice has inappropriately
charged many of the counties resulting in unfair and illegal payments in excess of one hundred
million dollars; and
WHEREAS, for the fiscal years 2009-2010 through 2012-2013, the Department of
Juvenile Justice has overcharged Indian River County by the amount of $1,050,075.32; and
WHEREAS, Indian River County has instituted several challenges to the actions of the
Department of Juvenile Justice in overcharging the County more than its fair share of the costs of
secure juvenile detention and is seeking refunds or credits for these overpayments; and
WHEREAS, there is currently pending in the Florida Legislature SB 1322 and HB 1279
both of which would establish by statute that the non -fiscally constrained counties would pay no
more than 50% of the cost of secure juvenile detention; and
WHEREAS, before those bills are acted upon, the Legislature wants assurances that any
pending litigation over the cost sharing would be resolved in the event that this legislation is
passed and approved by the Governor; and
WHEREAS, though the legislation, if adopted, would not provide immediate refunds or
credits to Indian River County, it would gradually over time provide a savings to the County
through reduced annual payments; and
WHEREAS, the County supports the legislation and is willing to dismiss all pending
litigation regarding secure juvenile detention costs provided that the legislation is passed and
either signed by the Governor or allowed to become law,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Indian River County, Florida as follows:
Page I of 2
RESOLUTION NO. 2016- ol3
Section 1. The Board of County Commissioners supports the passage of SB 1322 and
HB 1279 by the Florida Legislature to provide a more equitable allocation of costs between the
non -fiscally constrained counties and the State of Florida for secure juvenile detention.
Section 2. In the event that the above legislation is passed and pursuant to the
legislation, non -fiscally constrained counties would not be charged more than fifty percent (50%)
of the cost of secure juvenile detention as set forth therein, it is agreed that the County Attorney
is directed to dismiss all pending actions against the State of Florida, Department of Juvenile
Justice within ten days after the Governor of the State of Florida signs a law (or allows the law to
become effective without his signature).
Section 3. The County, however, would like to preserve its right to be treated equally
with any other county if the dismissal of the litigation actions involve any additional benefits for
any other county.
Section 4. A certified copy of this resolution shall be provided to Senator Latvalla,
Representative Latvalla, and the Indian River County Legislative Delegation.
Section 5. This resolution shall take effect on adoption.
The foregoing resolution was moved for adoption by O' Brvan , and seconded by
Commissioner Davis , and, upon being put to a vote, the vote was as follows:
Chairman Bob Solari A)
Vice -Chairman Joseph E. Flescher AYF
Commissioner Wesley S. Davis AYE
Commissioner Peter D. O'Bryan AYE
Commissioner Tim Zorc AYE
The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of
February, 2016.
ATTEST: Jeffrey R. Smith, Clerk of Circuit
Court and Comptroller
By: \TUUll l' l - lavm
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By: �Z'
Bob Solari, Chairman
BCC approval date: February
BY
DYLAN REINGOLD
COUNTY ATTORNEY Page 2 of 2