Department of Juvenile Justice: County Billing Process September 23, 2014

Overview State and Counties share costs of juvenile detention:  F.S and accompanying rules  County of residence  County costs limited to “predisposition” period Rules related to the cost-sharing system have been revised.

CommittedProbation Disposition Hearing (Sentencing) Max 21 days Max 15 days Predisposition days Max 24 hours Adjudication Hearing (Trial) Court AppearanceDetention JAC Juvenile Arrest

Presentation Overview  Billing Process  Legal Challenges  2014 Legislative Outcome  Options Moving Forward  Board Direction

Presentation Overview  Billing Process  Legal Challenges  2014 Legislative Outcome  Options Moving Forward  Board Direction

Estimating County Shared Cost County days used State-wide days used State-wide predisposition detention cost (Total)  Estimated annual amount is divided into 12 equal monthly payments  Final costs are reconciled at the end of state fiscal year –May result in a credit or debit –Opportunity to dispute Billing Process

County’s Fiscal Year Estimate Orange County DJJ shared costs Billing Process

Presentation Overview  Billing Process  Legal Challenges  2014 Legislative Outcome  Options Moving Forward  Board Direction

Legal Challenges Pre-Disposition vs. Post-Disposition  DJJ significantly changed its methodology for county billing in 2009 – Post-disposition disappeared, became commitment days  Result: Counties picked up more days – Orange County challenged final annual reconciliation in FY 08/09, 09/10, 10/11, 11/12

Legal Challenges Okaloosa, et al. v. DJJ  Department’s definition of “predisposition” invalidated  Cost-share was being based on budgeted amount, not actual costs  Counties systematically over billed by DJJ  State-wide estimate of county over-payment: $126 Million (FY 09/10 – 11/12)

FISCAL YEARORANGE COUNTY 2009/2010 $4,032, /2011 $3,964, /2012 $3,338, /2013 $4,464,453 TOTAL $15,799,704 County Impact: Overbilling Legal Challenges

County’s Fiscal Year Orange County DJJ shared costs DJJ Billing Process Overbilled = $15.8 M

Presentation Overview  Billing Process  Legal Challenges  2014 Legislative Outcome  Options Moving Forward  Board Direction

2014 Legislative Outcome GOVERNORSENATEHOUSE Proposed Budget Rulemaking SB 1532 Billing Process 50/50 No Payback HB 5305 Billing Process 50/50 25-Year Payback

2014 Legislative Outcome DJJ Rulemaking Following session, DJJ began a rulemaking process. The department published its Notice of Change this month.  Probation, Violations  2-day rule (?)  57 percent

Presentation Overview  Billing Process  Legal Challenges  2014 Legislative Outcome  Options Moving Forward  Board Direction

Options Moving Forward

PAY HYBRIDCREDIT Miami Duval St. Lucie Broward Hillsborough Brevard Volusia Okaloosa Palm Beach Charlotte Sarasota

Presentation Overview  Billing Process  Legal Challenges  2014 Legislative Outcome  Options Moving Forward  Board Direction

Board Direction Options for FY14/15: Pay Hybrid (partial payment) Staff recommendation: Apply credit in lieu of payment for 50% of the invoiced amount Apply Credits (withhold payment)

Board Action Action Requested: 1)Approval to apply credits up to 50% of the invoiced amount in lieu of full payment for the Department of Juvenile Justice cost-share program stipulated in F.S beginning fiscal year 2014/ )Approval to take any and every action to preserve the County’s rights, including filing applications for refunds, commencing a lawsuit, commencing administrative proceedings or appeals and all other remedies.

Department of Juvenile Justice: County Billing Process September 23, 2014