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Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - July 29, 2014
July 29, 2014 - Regular Meeting
Agenda Item #86


Subject
Department of Juvenile Justice Payments

Briefings
None

Contact and/or Presenter Information
Brenda G. Rogers


Action Requested
  • Authorize monthly payments of 32% of the total cost of Juvenile Justice Detention as determined by the State of Florida Department of Juvenile Justice (DJJ) and maintain the balance reflected in the invoices until the outcome of rulemaking and litigation has been determined. 
  • Authorize the chairman to sign a letter on behalf of the Board of County Commissioners protesting the new DJJ funding calculation rules to accompany the July payment.


Enabling/Regulating Authority

F.S. 125



Background Discussion
  • On September 24, 2013, the Board of County Commissioners passed a motion to direct the County Attorney to take all appropriate legal action to intervene impending litigation against DJJ with the Florida Division of Administrative Hearings pertaining to over payments made by Manatee County to the Department of Juvenile Justice.   Manatee County is currently involved in a challenge to the new rules implemented by DJJ and imposed beginning July 1, 2014. A number of other Florida Counties in the Florida Association of Counties (FAC) have joined Manatee County in this challenge.
  • The firm of Nabors, Giblin, & Nickerson (NGN) is currently representing FAC and many of the Florida Counties including Manatee County in pending litigation.
  • In June 2013 the First District Court of Appeal affirmed a lower court ruling that the rules DJJ had implemented for the years 2009 – 2013 were invalid during which Manatee County was paying 75% of the total detention cost to DJJ. For Fiscal year 2013 – 14, DJJ corrected their calculation method in compliance with the court ruling and counties were only required to pay 32% of the total detention costs.
  • During the 2014 Legislative Session, no action was taken to reimburse counties for over payments or to address the rule-making issues.  All proposed legislation failed, thus a new rule interpretation by DJJ resulted in counties funding 57% of the costs.
  • NGN’s recommendation is to continue to pay the amount determined by the court decision, as in FY 2013-14, and to maintain the balance of the 2014-15 invoiced amounts pending the outcome of Manatee County’s challenge.  Staff supports this recommendation.  The intent is to not cripple DJJ in holding the full amount, but to demonstrate good faith in a fair and equitable process.
  • Other counties involved in the pending litigation are considering similar actions.
  • On July 26, 2014, Manatee County received a letter from the Florida Department of Juvenile Justice establishing the Secure Detention Cost Sharing Estimate for 2014-15.  The recurring monthly invoice amount of $90,669.31 reflects a 51% increase in the amount paid in 2013-14; which was $44,734.17.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Chief Assistant County Attorney Minix has led the discussion with outside counsel and departmental staff regarding the issues of overpayment to DJJ in the past and regarding efforts to secure fair and equitable cost share going forward.

Reviewing Attorney
Minix

Instructions to Board Records

Please send a copy of the approved agenda item to Brenda.rogers@mymanatee.org, jim.minix@mymanatee.org, jan.brewer@mymanatee.org, jim.seuffert@mymanatee.org



Cost and Funds Source Account Number and Name
001-0015007-581000 – Juvenile Detention

Amount and Frequency of Recurring Costs
32% = $50,903.47 – monthly


Attachment:  DJJ billing protest 7-14.pdf