County Attorney Cautiously Recommends Taking Deal on Juvenile Justice Money Owed by the State

BRADENTON – On Thursday, County Attorney Mickey Palmer presented a letter to BOCC members that supports a resolution to bring an end to what has been an ongoing Department of Juvenile Justice battle between county and state officials over who owes what to whom.

Under a 2004 state law, counties must take responsibility for paying the cost of detaining juveniles until their cases are settled in or out of court. At that point, it is the duty of the Department of Juvenile Justice to pick up the cost.

For years counties have claimed the state was overcharging them, which led to lawsuits that attempted to retrieve all of the excess payments.

Sen. Jack Latvala, R-Clearwater, has proposed SB 1322 which would divide the cost of juvenile detainees evenly between the state and the county governments. Counties have been picking up 57 percent, while the state paid the remaining 43 percent.

In June of 2013, the 1st District Court of Appeals upheld an administrative law judge's order that the 57-43 split was a failure in billing and not supported by law. Latvala then wrote the Florida Association of Counties suggesting the statute be rewritten.

Palmer says Manatee county has been going through the legal procedures to retrieve what is $4.2 million in over-payments that the state owes the county.

Palmer says the cost of detention is calculated by "days of detention," (10 detainees for one year would be 3,650 days of detention) and that last year Manatee County had billing for 5,573 days of detention, at $136.54 a day.

The "caveat" Palmer says, is if we accept the proposed deal of a 50/50 split in cost, we have to forfeit the $4.2 million the state owes the county. But the bill has not yet passed and changes to it are almost certain.

The proposal is to present a consortium of counties that all agree to drop the amount each county feels it is owed. Counties that don't accept the clean slate approach and want to continue with their pursuit in the courts may be hurt by the legislature not recognizing the accuracy of their claim and not conclude it in a timely manner.

Palmer said, "We really wouldn't be sure what might happen."

The deal is sweet for the state, because it appears there are 39 counties that seek a correction in what they claim is over-payment and the collective amount equates to more than $200 million dollars.

Palmer will send the commissioner-supported letter and report back to the BOCC. The motion to support the proposed deal was approved 6-0 with Charles Smith absent.