STATE OF l'LOR.l:llA DEPAR'l'MEN'l' OF '1lJVE)[[LE JUSTICE

BAY COON'l'Y II BERHUmO CODll'l'Y, LB!: Cot1.NTY, rnr-DADB CO'tT.NTY, OKALOOSA C01:JR'l'Y, SIXCNOLE COtll1'l'Y I NASSAU COUl1'rY, PI:JUI,I,I.S COU'll'l'Y, and ORAHGB

COON'.l"!',

Petiticmera,

a:a.a

BROWARD CO'Cll'Pl'Y, ST. LUCIE COtJJITY, HILLSBOllOtJ'GB cotJHY, VOLtJSJ:A COl1MTY II WAL'l'Oll COlJJl'llY, POLK COUR"I'Y, IIAltIOR CO'OR'l'Y, LAD COOR'J.'Y, CD.RLOTTB COONTY,

MANATEE COUJll'l'Y, ALACBtJ'A CO'ON'.rY,

and J:HD:tAR RIVZll COlJlf1'Y,

Intervenor&,

DJJ case mo.: 15-0001

DOAH Case Nos.: 11-0995

11-0999

11-1001

11-1002

11-1003

11-1004

11-1265

11-1266

11-1268

vs.

DBPll'l'Dlfl' 01' JOVBITILE

JtJ'ffJ:CB,

1tespcmdeDt.

,/

FJ:RAL ORDER USOLV'lliG DISPlJll'BS FOR FISCAL DAR 2009•2010

On May 30, 2014, the Department entered an •order on Proposed Final Orders• lifting the abeyance of the DOAH proceedings, allowing the parties to submit Proposed Final Orders, and acknowledging the Department's intention to enter a

Appendix A

Filed February 6, 2015 4:02 PM Division of Administrative Hearings

Final Order disposing of the parties' challenges to the 2009-2010

.Amlual Reconciliation of detention costs. Thereafter, the parties submitted proposed final orders that were based upon a December 2013 •Joint Stipulation of Facts and Procedure,• which set out overpayment amounts for each party for Fiscal Year 2009- 2010, as follows:

The Department is unable to enter a Final order adopting the stipulated amounts as the parties' overpayments. The amounts are contrary to section 985.686(3) and (5), Florida Statutes, in that they obligate the State to pay for detention stays that are

prior to final court disposition.• Specifically, the calculations include youth on probation who are subsequently detained on new criminal charges, and whose detention stays are prior to disposition of the new charges. These stays are pred.ispositional, and the Department cannot obligate the State to

assume fiscal responsibility for charges associated with these detention stays.

The overpayment amounts in the last column of the following table are produced when this error is corrected:

Based upon the foregoing it is hereby 01UZ1Um1

1. The 'Corrected• amounts set forth in the last column of preceding table represent the Department's final action on the parties' challenges to the Fiscal Year 2009-2010 detention cost sharing.

2. The parties are deemed to have overpaid their actual costs for Fiscal Year 2009-2010 in the amounts set forth as

•corrected• in the preceding table.2

1 The •corrected• overpayments do not take into account credits that may already have been taken by specific counties, which will

Entered

this .!i_ day of JM,w,114a.-

6

, 2015, in

Tallahassee, Florida.

mLY, ecretary

Filj this _ki_iA\iay of

ita Jenkins, Agency Clerk

Department of Juvenile Justice

a vw.a , 201s

COPIES FtmNISHED (addresses on record):

Brian D. Berkowitz, General counsel Department of Juvenile Justice

Carly Schrader, Esq.

Edward A. Dion, Bsg.

Nabors, Giblin and Nickerson, P.A.

Terrell K. Arline, Esq.

Bay County Attorney's Office

Carl Brody, Esq.

Pinellas County Attorney's Office

Estephanie Resnik, Esq.

Miami-Dade County Attorney's Office

Robert Livingston, Esq.

Alachua County Attorney's Office

reduce the overpayment totals and subsequent credits when and if the Legislature funds such credits.

2 No moneys were appropriated for Fiscal Year 2014/2015 to credit counties. Only the Legislature has the power to provide funding for credits or refunds for past fiscal years.

Adam Katzman, Esq.

Broward County Attorney's Office

Susan E. Dietrich, Esq.

Seminole County Attorney's Office

Richard Appicello, Esq.

Hernando County Attorney's Office

Kate Pingolt Cotner, Esq.

Indian River County Attorney's Office

Sanford A. Minkoff, Esq. Lake County Attorney's Office

Melody Bowers, Esq.

Lee county Attorney's Office

Mitchell 0. Palmer, Esq. Manatee County Attorney's Office

Mary G. Jolley, Esq.

Volusia County Attorney's Office

Stephen M. Todd, Esq.

Hillsborough County Attorney's Office

Scott Shevenell, Esq.

Orange County Attorney's Office

Docket for Case No: 11-001268

Orders for Case No: 11-001268