www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - September 24, 2013
REVISED September 24, 2013 - Regular Meeting
Agenda Item #24


Subject
Motion to Intervene in Legal Action Against the Florida Department of Juvenile Justice

Briefings
None

Contact and/or Presenter Information

Brenda Rogers, Director, Community Services
749-3030 X 3489



Action Requested

Motion to direct the County Attorney to take all appropriate legal action to intervene and litigate the legal issues involved in the cases now pending in the Florida Division of Administrative Hearings pertaining to overpayments made by Manatee County to the Department of Juvenile Justice.



Enabling/Regulating Authority

Florida Statutes 125.15



Background Discussion
  • At the July 30, 2013, Board of County Commissioners Regular Meeting, during Commissioner Comments, the subject of whether Manatee County intervening in pending legislation against the Florida Department of Juvenile Justice (DJJ) was discussed and questioned whether such action would be beneficial to the County.
  • The Board requested that we request a County Clerk audit to determine the amount Manatee County has overpaid to DJJ.  The overpayment amount would aid in determining the value of such intervention when compared to possible costs.
  • August 1, 2013 - September 9, 2013, Manatee County Clerk of the Courts conducted an audit of the days charged to Manatee County for State Fiscal Year 2011-2012 (7/1/11-6/30/12).
  • The audit indicates that the county paid for 2,889 days for which it was charged in error at a cost of $237.75 per day.
    The savings indicated in the audit would be $757,573, if we had not been charged for the extra days.
  • The County Attorney's office has been consulted and has provided the language for the motion indicated in this agenda item. It is a policy decision whether the county intervenes in one or more of these lawsuits to recoup the money that was overcharged by DJJ for previous years. But to do so requires an immediate decision by the Board. CAO plans to utilize the services of outside counsel to represent the county in the pending action.  Outside counsel is already familiar with the legal issues and will represent the county in conjunction with his current representation of the other plaintiff counties.
  • The state legislature will be addressing Juvenile Detention in the next legislative session.
  • Community Services Staff and the County Attorney's Office feel that the potential recovery should  justify the costs of litigation.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

Jim Minix has reviewed the pending cases and the legislation and provided information to the Board of County Commissioners at the July 30, 2013, meeting.



Reviewing Attorney
N/A

Instructions to Board Records
N/A

Cost and Funds Source Account Number and Name
To be determined.

Amount and Frequency of Recurring Costs
N/A


Attachment:  DJJ Audit Memo.pdf