HomeMy WebLinkAbout16-020RESOLUTION NO. 16-020
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY;
SUPPORTING LEGISLATION TO ADDRESS THE
FUNDING OF SECURE JUVENILE DETENTION
COSTS; AUTHORIZING THE COUNTY ATTORNEY TO
DISMISS THE 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 St. Lucie County, participate with the State of Florida in sharing the cost of secure
juvenile detention; and
WHEREAS, over the years, 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 St. Lucie County by the amount of $3,916,420.66; and
WHEREAS, St. Lucie 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 some 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 an immediate refunds
or credits to St. Lucie County, it would gradually over time provide a savings to the County
through reduced annual payments over the 57% allocation of cost to counties as it currently
exists; and
WHEREAS, the County supports the legislation and is willing to dismiss all pending
litigation over the past year 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 St. Lucie
County, Florida:
1. The Board 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.
2. 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) amending the
funding distribution formula to provide that counties will pay no more than 50% of the actual
cost of secured juvenile detention.
3. This resolution shall take effect on adoption.
After motion and second, the vote on this resolution was as follows:
Chairman Kim Johnson
AYE
Vice Chairman Chris Dzadovsky
AYE
Commissioner Tod Mowery
AYE
Commissioner Paula A. Lewis
AYE
Commissioner Frannie Hutchinson
AYE
PASSED AND DULY ADOPTED this 9th day of February 2016.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY SOM1�41SSIONERS
ST. LUCIE COU1 ?YAI(OR0A
APPROVED S TO LEGAL FARM AND
CORRECTN
COUNTY ATTORNEY