1/2/10: Court rules against DJJ proving claim of counties

 TALLAHASSEE: This month an Administrative Law Judge ruled against the Florida Department of Juvenile Justice, validating what counties have been saying for years, DJJ erroneously shifts costs to counties.  Each year counties are billed in advance for the costs of housing juveniles.  At the end of each year DJJ is asked to submit to local governments the actual cost of housing those juveniles.  First this cost is often exorbitantly higher than the estimate made in the beginning of the year and in this case DJJ sent bill after bill ‘reconciling’ costs that were not in fact expenses owed by counties.

“For too long DJJ has looked to counties to fill the holes in their budget,” said Chris Holley, Executive Director of the Florida Association of Counties, “Counties will no longer be the check book of the state and should pay their only their fair share.”

Imagine if you went to have your car repaired and you paid in advance.  The mechanic upon completion of his work sent you a bill saying you owed more to balance out the repair work.  That amount is paid and a month later the mechanic submits another invoice arguing more expenses were incurred than thought in the first two invoices and to please pay the difference.  This then happens three more times.  This is the exact practice happening to counties by the Department of Juvenile Justice.  

Due to this erroneous billing the administrative law judge ruled correctly that it was a practice that could no longer continue and counties were due a refund for the overbilled services, refunding more than $1.5 million to 20 county governments.  In an effort to end this practice forever, the Florida Association of Counties is asking the legislature to set a per diem rate for each child housed in a Juvenile Detention Facility guaranteeing the costs for each year are predictable and fair.  Currently, due to DJJ billing practices the cost to house juveniles are significantly higher than the same incarceration for an adult.  In addition, counties are restricted from exploring more efficient and effective juvenile programs.

It is also important that the legislature ensure that DJJ doesn’t also pass on the $1.5 million overbilled to counties in subsequent years or pass that expense on to other counties.

“The court has acted and now it is time for the legislature to act.” added Holley, “It is time DJJ stopped looking for loopholes to pass on expenses and start billing for actual costs in a fair and reasonable manner."

For 80 years, the Florida Association of Counties (FAC) has represented the diverse interests of Florida’s counties, emphasizing the importance of protecting home rule – the concept that communities and their local leaders should make the decisions that impact their community. The Florida Association of Counties helps counties effectively serve and represent Floridians by strengthening and preserving county home rule through advocacy, education and collaboration.

Tweet-ables:
123: Judge upholds counties’ claims that DJJ is erroneously shifting costs to counties. FAC asks legislature to fix permanently.
134: FAC Exec Dir. Chris Holley on DJJ billing: “Counties will no longer be DJJ's blank check. It is time the leg. stopped unfair billing."
140: FAC Exec Dir. Chris Holley on DJJ billing: ““The court acted & now it is time for the legislature to act.Billing must be fair & reasonable."