Department of Juvenile Justice
Miami-Dade County v. Department of Juvenile Justice
Case No. 10-1893
Department of Administrative Hearings
Case No. 10-1893Department of Administrative Hearings
Several counties are involved in currently-pending administrative litigation against the Department of Juvenile Justice. The basis of these proceedings is to challenge the manner in which the Department allocates those counties’ share of the pre-disposition detention cost for juveniles under Chapter 985, Florida Statutes (a/k/a "the DJJ cost shift"). Several of the counties that are involved would like to have several constitutional issues in the record and before the Administrative Law Judge but believe that they need a private party to join them on those issues to avoid the judge not hearing the issues because of the potential lack of standing on the part of the counties to raise such issues. The involved counties would like for the Association to be that private party and join on this motion with them. The counties already involved are: Alachua, Bay, Brevard, Broward, Duval, Escambia, Hernando, Hillsborough, Miami-Dade, Okaloosa, Orange, Pinellas, Santa Rosa, and Seminole.
Several counties are involved in currently-pending administrative litigation against the Department of Juvenile Justice. The basis of these proceedings is to challenge the manner in which the Department allocates those counties’ share of the pre-disposition detention cost for juveniles under Chapter 985, Florida Statutes (a/k/a "the DJJ cost shift"). Several of the counties that are involved would like to have several constitutional issues in the record and before the Administrative Law Judge but believe that they need a private party to join them on those issues to avoid the judge not hearing the issues because of the potential lack of standing on the part of the counties to raise such issues. The involved counties would like for the Association to be that private party and join on this motion with them. The counties already involved are: Alachua, Bay, Brevard, Broward, Duval, Escambia, Hernando, Hillsborough, Miami-Dade, Okaloosa, Orange, Pinellas, Santa Rosa, and Seminole.
The Association has intervened in the administrative proceeding and believes that, on behalf of all affected counties, the Association has standing. FAC will join in on the motion being filed, raising constitutional issues. Final hearing was held in August 2011. An order is not expected until January/February of 2012.
Bay County v. DJJ
Case No. 11-0995
Department of Administrative Hearings
Several counties have filed a separate proceeding for the 2009/10 fiscal year billings from DJJ to the counties, arguing that (1) DJJ has not complied with section 985.686, Fla. Stat. (2009), in calculating the amount the counties are required to pay for pre-disposition juvenile detention; (2) DJJ has not proved by a preponderance of the evidence that the costs of pre-disposition juvenile detention for FY09-10 were properly determined pursuant to section 985.686, Fla. Stat. (2009); (3) DJJ has not supported its final agency action regarding the counties’ costs of pre-disposition juvenile detention for FY09-10 with competent substantial evidence; and (4) DJJ may not constitutionally use an appropriations bill to modify the amount the counties must pay for pre-disposition costs under section 985.686, Fla. Stat. (2009). An appropriations bill that changes or amends existing law on subjects other than appropriations and unlawfully alters a statutory distribution formula violates Article III, sections 6 and 12 of the Florida Constitution.
Several counties have filed a separate proceeding for the 2009/10 fiscal year billings from DJJ to the counties, arguing that (1) DJJ has not complied with section 985.686, Fla. Stat. (2009), in calculating the amount the counties are required to pay for pre-disposition juvenile detention; (2) DJJ has not proved by a preponderance of the evidence that the costs of pre-disposition juvenile detention for FY09-10 were properly determined pursuant to section 985.686, Fla. Stat. (2009); (3) DJJ has not supported its final agency action regarding the counties’ costs of pre-disposition juvenile detention for FY09-10 with competent substantial evidence; and (4) DJJ may not constitutionally use an appropriations bill to modify the amount the counties must pay for pre-disposition costs under section 985.686, Fla. Stat. (2009). An appropriations bill that changes or amends existing law on subjects other than appropriations and unlawfully alters a statutory distribution formula violates Article III, sections 6 and 12 of the Florida Constitution.
The counties already involved are: Bay, Broward, Hernando, Lee, Miami-Dade, Okaloosa, Seminole, Nassau, Pinellas, and Orange Counties.