S'l'A'l'E OF FLORIDA

:DEPARTMENT OP' JDVBN:ILE JUSTICE

VOLUS:IA CO'Om'Y, PDtZLLIB ComJ"l'Y, OKALOOSA CC>mll'Y, BDHAHDO COtJlffY, IDSSAtl COtJJft"Y, S11. L'D'Cl:B COtJll"l'!', WAil.1'011 CotJll'l'Y', ORU1GB CODm'l'Y, LAD COUl!il'l'Y, BAY CO'Oltll'Y, SAll'.1'.A. ROS.A. COUN'l'Y, and Hl:LLSBOROUGH COORl'Y,

DJJ case mo.: 15-0003

DOAH Case Nos.: 13-1442

13-2906

13-2907

J::a.tervenor•,

VII•

DBPAlt'l'lllDPl' 01' JU"VmaLB

JDS"l':tCB,

Respondent.

---------------'

l'ZDL ORDER USOLVI:118 DJ:SPTJ"l'l:S l'OR l'J:SCAL DAR 2011-2012

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

Appendix C

Filed February 6, 2015 3:19 PM Division of Administrative Hearings

orders, and acknowledging the Department's intention to enter a Final Order disposing of the parties' challenges to the 2011-2012 Armual Reconciliation of detention costs. Thereafter, the parties submitted proposed final orders that were based upon a December 2013 •Joint Stipulation of Facts and Proced.ure,w which set out overpayment amounts for each party for Fiscal Year 2011- 2012, 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

predispositional, 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 ORDDBDt

1. The "Corrected• amounts set forth in the last collJitlil of preceding table represent the Department's final action on the parties' challenges to the Fiscal Year 2011-2012 detention cost sharing.

   
   

   
   

   1 The •corrected" overpayments do not take into account credits that may already have been taken by specific counties, which will reduce the overpayment totals and subsequent credits when and if the Legislature funds such credits.

   
   

   
   

2. The parties are deemed to have overpaid their actual costs for Fiscal Year 2011-2012 in the amounts set forth as ucorrectedR in the preceding table.2

Entered this day of             , 2015, in Tallahassee, Florida.

cmu::sw:ua R. DALY, cretary

Department of Juvenile Justice

c a J i::1JJ Agency Clerk Filed this _f2!'\ra.y of

 tlLld   . 201s

COPIES FURNISHED (addresses on record):

Brian D. Berkowitz, General Counsel

Department of Juvenile Justice

Carly Schrader, Esq.

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

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.

Scott Schevenell, Esq.

Orange County Attorney's Office

Robert Livingston, Esq.

Alachua county Attorney's Office

Adam Katzman, Esq.

Broward County Attorney's Office

Stephen M. Todd, Esq.

Hillsborough 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 o. Palmer, Esq. Manatee County Attorney's Office

Roy V. Andrews, Esq.

Santa Rosa County Attorney's Office

Mary J. Jolley, Esq.

Volusia County Attorney's Office

Docket for Case No: 13-002912

Orders for Case No: 13-002912