Definitions, Calculating Estimated Funding, Monthly Reporting, Monthly/Annual Reconciliation and Dispute Resolution
DEPARTMENT OF JUVENILE JUSTICE
RULE NOS.:RULE TITLES:
63G-1.011Definitions
63G-1.013Calculating Estimated Funding
63G-1.016Monthly Reporting
63G-1.017Monthly/Annual Reconciliation and Dispute Resolution
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40, No. 95, May 15, 2014 issue of the Florida Administrative Register.
63G-1.011 Definitions.
(1) through (7) No change.
(8) “Pre-commitment” means those days a youth is detained in a detention center prior to being committed to the department.
(8)(9) “Reconciliation period” means the first through the last day of a month during which reconcilation by the county and the department for the previous month’s utilization utization takes place.
(9)(10) “Secure detention,” “detention” or “detention care” means a state owned and operated physically restricting facility used for the temporary care of children, pending adjudication, disposition, or placement.
(10) through (11) No change.
(12) “Estimated per diem” means the per diem calculated for billing purposes prior to the upcoming state fiscal year utilizing an estimate of the total service days and the estimated costs total appropriation for the detention budget entity for the current fiscal year, with necessary annualized adjustments centers. The resulting per diem is then used to estimate the cost to a county under the methodology in Rule 63G-1.013, F.A.C.
(13) “Actual per diem” means the per diem calculated utilizing actual service days and the actual costs of the completed fiscal year expenditures for the cost of detention for the purpose of reconciliation.
(14) “Predisposition” means the period of time a youth is in detention care prior to entry of a final court disposition by the court. The counties are responsible for all predisposition days including all service days for youth that are, at the time of the detention:
(a) In detention for contempt of court if the youth is not committed to the department or on department supervised probation.
(b) In detention while on department supervised probation when the youth is charged with a new violation of law that has a referral date between zero and two days prior to the detention admission date, as determined by subtracting the referral date in JJIS from the detention admission date in JJIS occurring after the date the youth was placed on probation.
(15) “Postdisposition” means the period of time a youth is in detention care after entry of a final court disposition. The State is responsible for all postdisposition days including all service days for youth that are, at the time of the detention:
(a) Committed to the department, including youth on conditional release.
(b) On department supervised probation, unless the youth is charged with a new violation of law that has a referral date between zero and two days prior to the detention admission date, as determined by subtracting the referral date in JJIS from the detention admission date in JJIS violations occurring after the date the youth was placed on probation.
(c) Without charges, as all charges against the youth have been dismissed or the youth has been found not guilty.
(16) “Actual costs” means the total detention expenditures as reported by the department after the certified forward period has ended, less $2.5 million provided for additional medical and mental health care per Section 985.686(3), F.S. These costs include expenditures in all fund types and appropriations categories (Salaries & Benefits, Other Personal Services, Expenses, OCO, Food Products, Legislative Initiatives, Fiscally Constrained Counties, Contracted Service, G/A-Contracted Services, Risk Management Insurance, Lease or Lease-Purchase of Equipment, Human Resources Outsourcing, and FCO-Maintenance & Repair).
(17) “Referral date” means the date that the department receives notification and associated documents from law enforcement that the youth has been charged with an offense. The referral date is often the same date as the offense date, but in some cases occurs after the offense date.
Rulemaking Authority 985.64, 985.686(11) 985.686(10) FS. Law Implemented 985.686 FS. History–New 7-6-10, Amended __________.
63G-1.013 Calculating Estimated Funding.
(1) Estimates for each county’s individual portion of detention funding will be calculated as follows:
(a) The department shall estimate the number of service days for the upcoming fiscal year based upon prior use of secure detention and generally accepted statistical methods. Utilizing previous fiscal year data, the department shall estimate:
1. detention costs, using the current year actual expenditures projected through the end of the fiscal year, with necessary annualized adjustments for any new legislative appropriations within the detention budget entity;
2.1. The number of predisposition service days for each county; and
3.2. The total number of service days for secure detention, including both predisposition and postdisposition service days.
(b) The estimated costs total budget for detention, as authorized in the General Appropriations Act, shall be divided by the total number of service days estimate, which will produce an estimated per diem.
(c) The department shall multiply the estimated per diem by the expected number of predisposition service days for each county to calculate each county’s estimated share of detention costs the total budget.
(2)(4) Each county’s The estimated share of the total budget will be billed to the counties in monthly installments.
(3)(5) No change.
Rulemaking Authority 985.64, 985.686(11) 985.686(10) FS. Law Implemented 985.686(3) FS. History–New 7-6-10, Amended __________.
63G-1.016 Monthly Reporting.
(1) through (4) No change.
Rulemaking Authority 985.64, 985.686(11) 985.686(10) FS. Law Implemented 985.686(3), (7) FS. History–New 7-6-10, Amended __________.
63G-1.017 Monthly/Annual Reconciliation and Dispute Resolution.
(1) through (2) No change.
(3) The department will make every effort to review all disputes for the previous month between the fifteenth and twenty-fourth tweny-fourth day of each month for the reconciliation period. The department’s response, provided on-line, constitutes notice of final action. All pending disputes will be resolved by the department no later than 60 days after the end of the reconciliation period.
(4) In October of each year, the department will perform an annual reconciliation of utilization and costs for the prior fiscal year to calculate the difference between the estimated costs and the actual costs of each county for its share of detention care. The department shall provide:
(a) The actual acutal cost to operate detention care based on actual expenditures, detailing expenditures by appropriation category and by detention center.
(b) through (c) No change.
(5) In November of each year, the department will provide each county an annual reconcilation statement for the previous fiscal year. The calculation shall be performed as follows:
(a) The actual costs total expenditures shall be divided by the total number of service days, which will produce an actual per diem.
(b) through (c) No change.
(6) through (7) No change.
Rulemaking Authority 985.64, 985.686(11) 985.686(10) FS. Law Implemented 985.686(5), (7) FS. History–New 7-6-10, Amended __________.
