ROBERTS, C.J.
These three appellate cases are all that remain of a large consolidated appeal involving the Department of Juvenile Justice (the Department) and twenty Florida counties over the juvenile detention cost-sharing system in section 985.686, Florida Statutes. The three appellant counties, Marion, Polk, and Seminole, joined seventeen other counties in challenging the Department's annual reconciliations of their estimated costs with the actual costs of secure juvenile detention, arguing, among other things, that the Department's reconciliation contravened section 985.686. After legislation was passed in 2016, seventeen of the counties voluntarily dismissed their appeals. Marion, Polk, and Seminole argue they should not be compelled to dismiss their appeals because, due to their unique positions, the 2016 legislation does not affect them. We agree.
Section 985.686, Florida Statutes, creates a system by which the costs of juvenile detention are shared between the counties and the State. The counties are responsible for the costs of secure juvenile detention for detention occurring prior to "final court disposition," sometimes referred to as "pre-disposition," and the State is responsible for all other costs of secure detention, sometimes referred to as "post-disposition." §§ 985.686(3) & (5), Fla. Stat. Exactly where the line is drawn to
Each participating county
The Department promulgated rules contained in Chapter 63G-1, Florida Administrative Code, to implement section 985.686. For the years involved in these appeals, the Department performed an annual reconciliation and provided each county with an annual reconciliation statement for the previous fiscal year, which "shall reflect the difference between the amount paid by the county based on the estimated utilization and the actual utilization[.]" Rule 63G-1.017(4) & (5), Fla. Admin. Code. With regard to any overpayments found in the annual reconciliation, rule 63G-1.017(6) provides that the overpaying county is to receive a forwarding credit applied to the next year's estimated costs.
Marion, Polk, and Seminole Counties are unique in that they participated in the cost-sharing system for a period of time, but elected to opt out of the system as allowed by section 985.686(10), Florida Statutes. Marion County opted out in November 2010, Polk County in October 2011, and Seminole County in 2012. For all or part of the fiscal years at issue, these counties paid their required estimated costs. After the Department published its annual reconciliations for Fiscal Years 2009-2010, 2010-2011, and 2011-2012, the appellants joined various other counties in administrative challenges to each of the three annual reconciliations. Final hearings were scheduled in each of the cases.
The administrative challenges were abated pending a final decision in a rule challenge filed by several counties that challenged the Department's rules in Chapter 63G-1 as inconsistent with section 985.686 and an invalid exercise of delegated legislative authority. The rule challenge resulted in a finding that the Department's interpretation of section 985.686 was improper and that the rules in place at the time were invalid and resulted in overcharges to the counties.
Following the decisions in the rule challenge, in 2013, the parties entered into Joint Stipulations of Fact and Procedure in each of the previously abated administrative proceedings relating to Fiscal Years 2009-2010, 2010-2011, and 2011-2012.
After DOAH relinquished jurisdiction, in 2015, without any further proceedings involving the counties, the Department entered its final orders. The final orders did not adopt the facts in the Joint Stipulations. The Department stated that the recalculated overpayment amounts were "contrary to section 985.686(3) and (5) ... in that they obligate the State to pay for detention stays that are `prior to final court disposition.'" The Department found the recalculations included some days that it determined were actually pre-dispositional, and thus, not an obligation of the State. The Department then unilaterally "corrected" the overpayments for each fiscal year. The final orders stated the corrected amounts "represent the Department's final action on the parties' challenges[.]" The difference between the recalculated overpayments in the Joint Stipulations and the corrected overpayments in the final orders are as follows:
FY09-10 FY09-10 FY10-11 FY10-11 FY11-12 FY11-12 Stipulated Corrected Stipulated Corrected Stipulated Corrected (1D15-590) (1D15-590) (1D15-589) (1D15-589) (1D15-592) (1D15-592) Marion $502,656.56 $949,551.354 $164,175.28 $86,182.04 NA NAPolk $1,759,258.57 $943,028.21 $2,476,765.89 $377,130.36 $546,175.30 $102,537.99Seminole $1,362,557.19 $378,712.61 $1,748,435.61 $906,136.36 NA NA
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Each of the final orders also included the same footnote:
Marion, Polk, and Seminole Counties joined in the original consolidated appeals, arguing that the Department was bound by the Joint Stipulations and that it had a duty under section 985.686 to reconcile the counties' estimated costs with their actual costs. They, like the other counties, argued this reconciliation had to be more than just a paper accounting. Marion, Polk, and Seminole Counties specifically requested a
In 2016 while the consolidated appeals were pending, a settlement was reached in the Legislature, and section 985.6865, Florida Statutes (2016), was enacted.
The language in section 985.6865 is clear that the legislative intent was to have the counties execute voluntary dismissals.
Review in this Court was premised upon section 120.68(7), Florida Statutes, which provides that agency action may be remanded or set aside where the Court finds, among other things, that the fairness of the proceedings or the correctness of the action has been impaired by a material error in procedure or the failure to follow prescribed procedure; the agency has erroneously interpreted a provision of law and a correct interpretation compels a particular action; or the agency's exercise of discretion was in violation of a statutory provision. § 120.68(7)(c)-(e), Fla. Stat.
The original appeals argued that the fairness of the proceedings below was materially impaired by the Department's failure to honor the Joint Stipulations and its unilateral determination of new and different facts, which reduced the counties' overpayments. The appeals argued that this action by the Department violated principles of fundamental fairness and the requirements of section 120.57, Florida Statutes. They also argued the Department's failure to provide credit or repayments violated the Department's duty in section 985.686 to reconcile the estimated costs with the actual costs. These issues fit squarely within the grounds for relief under section 120.68(7).
Under section 120.68(6)(a), "[t]he reviewing court's decision may be mandatory, prohibitory, or declaratory in form, and it shall provide whatever relief is appropriate irrespective of the original form of the petition." This Court may "[o]rder agency action required by law; order agency exercise of discretion when required by law; set aside agency action; remand the case for further agency proceedings; or decide the rights, privileges, obligations, requirements, or procedures at issue between the
The Department concedes that the final orders should be remanded because it failed to follow the proper procedures below.
The parties agree that a stipulation of facts is binding on the Department as well as reviewing courts.
Joint Stipulations are generally favored, and "absent a showing of fraud, misrepresentation or mistake, stipulations are binding on the parties who enter them,
The question of whether the Department has a duty to actually repay the appellants involves an interpretation of section 985.686. In construing a statute, we strive to give effect to the Legislature's intent.
Section 985.686(1) recognizes that the State and the counties have a "joint obligation" to cover the costs of secure juvenile detention. Under the statute, a county must pay the costs of providing secure detention care for pre-dispositional juveniles. § 985.686(3), Fla. Stat. The Department is directed to develop an accounts payable system to allocate costs that are payable by the counties. § 985.686(3), Fla. Stat. A county bears the responsibility to incorporate into its annual budget sufficient funds to pay its estimated costs. § 985.686(5), Fla. Stat. Likewise, the Department has a duty to reconcile the estimated costs and actual costs. § 985.686(5), Fla. Stat. ("Any difference between the estimated costs and actual costs shall be reconciled at the end of the state fiscal year.") (emphasis added).
As discussed above, a county prepays its costs based upon the Department's estimate. The statute clearly provides that the Department has a duty to reconcile any difference between the estimated costs and actual costs at the end of the state fiscal year. The Department's duty to reconcile in the statute is clear. Also clear is the statute's directive that the counties are only responsible for "actual costs." By recognizing an overpayment and then failing to take any steps to remedy the overpayment, the Department is not performing its duties under the statute. Such inaction renders the reconciliation process in the statute meaningless.
This Court recently considered the Department's duty under section 985.686 in
The Department argues
We agree with the Department that the manner in which the Department must satisfy its duty in the instant case is not wholly clear because the Department's implementing rule, rule 63G-1.017, only provides for a forwarding credit and does not address repayments. The fact that the Department's rules only provide for a forwarding credit does not delete the statutory requirements that counties are only responsible for actual costs and the Department has a mandatory duty to reconcile overpayments. The Department argues that the judiciary may not direct an executive agency to spend its money in a particular way because such a direction would interfere with the agency's discretion in spending its appropriated funds.
REVERSED and REMANDED.
WOLF and B.L. THOMAS, JJ., CONCUR.