The rule amendments revise the procedure for notifying fiscally constrained counties that they may be responsible for a share of predisposition detention costs. The timing of the annual reconciliation is also amended.

 

DEPARTMENT OF JUVENILE JUSTICE
Detention Services

RULE NO: RULE TITLE
63G-1.005: Fiscally Constrained Counties
63G-1.008: Annual Reconciliation
PURPOSE AND EFFECT: The rule amendments revise the procedure for notifying fiscally constrained counties that they may be responsible for a share of predisposition detention costs. The timing of the annual reconciliation is also amended.

SUMMARY: The amended rule provides that fiscally constrained counties be given early notice that the cost of predisposition secure detention will likely exceed the annual legislative appropriation. A rough estimate of the fiscally constrained counties share of the shortfall will be provided, and a payment period is established. The timing of the annual reconciliation for paying counties is also amended.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 985.686(10) FS.
LAW IMPLEMENTED: 985.686 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Wednesday, February 14, 2007, 10:00 a.m.

PLACE: DJJ Headquarters, Knight Building, Room 312, 2737 Centerview Dr., Tallahassee, Florida

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: John Milla, 2737 Centerview Dr., Ste. 312, Tallahassee, FL 32399-3100, e-mail john.milla@djj. state.fl.us.

 

THE FULL TEXT OF THE PROPOSED RULES IS:

63G-1.005 Fiscally Constrained Counties.

(1) Each fiscally constrained county will be assigned a percentage computed by dividing its previous year’s number of predisposition detention days by the total number of predisposition detention days used by all fiscally constrained counties during the previous year.

(2) Each county’s percentage is multiplied by the amount appropriated by the legislature to pay the costs of detention care. For informational purposes, fiscally constrained counties will be invoiced for their prorated monthly share.

(3) If the total number of predisposition service days actually used by all fiscally constrained counties combined exceeds the previous year’s usage for which appropriation was made by the legislature, matching funds will be required to make up the shortfall. Fiscally constrained counties will be assessed for the amount of the shortfall under the following methodology:

(a) The total number of excess service days will be translated into a dollar figure based upon the percentage of increase over the original budgeted amount.

(b) Each fiscally constrained county will be responsible for a share of the shortfall computed by multiplying its assigned percentage calculated in subsection (1) by the total shortfall computed in paragraph (3)(a).

(4) The department shall determine whether an estimated shortfall is likely by July 31 at the end of the third quarter. If a shortfall is expected, the department shall provide fiscally constrained counties an estimate of their share of the expected shortfall on or before August 15 June 1.

(5) Fiscally constrained counties will be billed monthly for their share of the shortfall in equal monthly installments beginning November 1 through May 1 by August 1, and payment is due no later than November 1.

Specific Authority 985.2155(10) FS. Law Implemented 985.2155(4) FS. History–New 7-16-06, Amended________.

 

63G-1.008 Annual Reconciliation.

(1) On or before January 31 November 30 of each year, the Department shall provide a reconciliation statement to each paying county. The statement shall reflect the difference between the estimated costs paid by the county during the past fiscal year and the actual cost of the county’s usage during that period.

(2) If a county’s actual usage is found to have exceeded the amount paid during the fiscal year, the county will be invoiced for the excess usage. The invoice will accompany the reconciliation statement, and shall be payable on or before April 1 January 31.

(3) If a county’s actual usage was less than the estimated amounts paid during the fiscal year, the county will be credited for its excess payments. Credit will be reflected in the April November billing, which is mailed on March 1, and will carry forward as necessary.

Specific Authority 985.2155(10) FS. Law Implemented 985.2155(5) FS. History–New 7-16-06, Amended________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Beth Davis, Chief of Finance and Accounting, Dept. of Juvenile Justice

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Jane McElroy, Director of Administration, Dept. of Juvenile Justice

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 8, 2007

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 15, 2006