Florida Statute 985.6865 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

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985.6865 Juvenile detention costs.—

(1) As used in this section, the term:

(a) “Detention care” means secure detention and respite beds for juveniles charged with a domestic violence crime.

(b) “Fiscally constrained county” means a county within a rural area of opportunity as designated by the Governor pursuant to s. 288.0656 or each county for which the value of a mill will raise no more than $5 million in revenue, based on the certified school taxable value certified pursuant to s. 1011.62(4)(a)1.a., from the previous July 1.

(c) “Total shared detention costs” means the amount of funds expended by the department for the costs of detention care for the prior fiscal year. This amount includes the most recent actual certify forward amounts minus any funds it expends on detention care for juveniles residing in fiscally constrained counties or out of state.

(2) Annually by July 15, the department shall calculate and provide to each county that is not a fiscally constrained county and that does not provide its own detention care for juveniles its annual percentage share by dividing the total number of detention days for juveniles residing in the county for the most recently completed 12-month period by the total number of detention days for juveniles in all counties that are not fiscally constrained counties during the same period. The annual percentage share of each county that is not a fiscally constrained county and that does not provide its own detention care for juveniles must be multiplied by 50 percent of the total shared detention costs to determine that county’s share of detention costs. Beginning August 1, each such county shall pay to the department its share of detention costs, which shall be paid in 12 equal payments due on the first day of each month. The state shall pay the remaining actual costs of detention care.

(3) The state shall pay all costs of detention care for juveniles residing in a fiscally constrained county and for juveniles residing out of state. The state shall pay all costs of detention care for juveniles housed in state detention centers from counties that provide their own detention care for juveniles.

(4) Each county that is not a fiscally constrained county and that does not provide its own detention care for juveniles shall incorporate into its annual county budget sufficient funds to pay its annual percentage share of the total shared detention costs required by subsection (2).

(5) Funds paid by the counties to the department pursuant to this section must be deposited into the Shared County/State Juvenile Detention Trust Fund.

(6) The department shall determine each quarter whether the counties are remitting funds as required by this section.

(7) Funds received from counties pursuant to this section are not subject to the service charges provided in s. 215.20.

(8) The department may adopt rules to administer this section.

History.—s. 1, ch. 2016-152; s. 14, ch. 2019-4; s. 5, ch. 2021-219.

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Amendments to 985.6865

Annotations, Discussions, Cases:

Cases Citing Statute 985.6865

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Marion Cnty. v. Dep't of Juv. Just., 215 So. 3d 621 (Fla. 1st DCA 2017).

Published | Florida 1st District Court of Appeal

...ts because it was the only manner in which their costs could be reconciled. 2016 Legislation In 2016 while the consolidated appeals were pending, a settlement was reached in the Legislature, and section 985.6865, Florida Statutes (2016), was enacted. See Ch. 2016-152, Laws of Florida. Section 985.6865(4) creates a new cost-sharing system that applies a prospective 50/50 split of the costs of secure detention between the State and the non-fiscally constrained counties.5 The 2016 5 The cost-sharing split for Fiscal Year 2016-2017 is calculated differently, but is not relevant to the issues in this appeal. See § 985.6865(4)(a), Fla....

...ing a more county-favorable cost-sharing split in the future. Seventeen of the counties filed notices of voluntary dismissal. Marion, Polk, and Seminole did not, arguing they were not compelled to dismiss their appeals because the “remedy” in section 985.6865 would not apply to them as they were no longer a part of the cost-sharing system. Viability of the Current Appeals The language in section 985.6865 is clear that the legislative intent was to have the counties execute voluntary dismissals. See § 985.6865(2), Fla....

...(2016). The language is also clear that the new cost-sharing formula applies notwithstanding section 985.686 and applies to each county “that has taken the action fulfilling the intent of this legislation as described in subsection (2).” See § 985.6865(4), Fla. Stat....

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