This might be the year the Florida legislature finally settles a long-running dispute with counties over incarceration of juvenile offenders. A Senate bill does what the counties have sought: a 50-50 split on detention costs.
In 2004, the Florida legislature made a rule requiring counties to pick up 74 percent of the costs to incarcerate juveniles. The state paid the rest. Counties, upset over the uneven split sued, and the issue has been in the courts ever since, with most decisions in the favor of counties. Now Sen. Jack Latvala, R-Clearwater, is proposing a solution:
“The states and counties will pay the same rate for a day of detention care, and an equal 50-5o share for detention costs," he said. "It is estimated this legislation will provide counties at least $12 million in savings in the first fiscal year.”
Latvala’s bill seeks to put an end to the back-and-forth. A measure last year would have split costs 60-40, with counties paying the majority. That failed. Under the previous rulings, the state owes most counties money. Republican Sen. Travis Hudson wants to know if the bill would apply to counties that owe the state.
"There are some counties that owe us money, they have not paid. And I know one specifically. Does this address those outstanding, with us reimbursing their bill?" Hudson asked.
The Florida Association of Counties’ Lisa Hurley says the bill would settle all claims, including the few counties that owe the state money, and those the state owes.
“It is the intention of the legislation that there are, from both sides, credits and debits owed on both sides. With the passage of this legislation, that it would resolve the outstanding differences between the counties and the departments.”
Though Latvala says its the state that's really on the hook.
“By and large, the estimate is that the state is the one who owes the preponderance," he said.
Committee chairman Joe Negron says he wants guarantees from the counties that they will drop their lawsuits against the state in exchange for the new policy. “I personally want to see, contingent upon the bill passing and becoming law of course, but releases and dismissals with prejudice of litigation if it passes and is signed into law by the governor," Negron said.
Hurley says out of the 23 counties that have sued, only two, Collier and Bay, have yet to agree to that. And she expects those two counties to sign off on the deal soon. The juvenile detention cost fight has been going on for more than a decade. Supporters say the passage of the bill will give both the Department of Juvenile Justice and local counties predictability in budgets. The House version of the bill, by Rep.Chris Latvala, the senator’s son, hasn’t had a committee hearing yet.
