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.32,No.07, February 17, 2006 issue of the Florida Administrative Weekly.

The changes are in response to comments received at a public hearing on the rule conducted on May 19, 2006, in Tallahassee.

63G-1.002 Definitions.

(1) “Cost of detention care” means the cost of providing detention care as determined by the General Appropriations Act.

(2) “County estimated cost of detention care” means a projected cost estimate based upon a county’s prior annual usage.

(3) “Final court disposition” means the date the court enters a disposition for the subject referral.

(4) “Fiscally constrained county” means a county designated as defined in section 985.2155, Florida Statutes, ~~a rural area of critical economic concern under section 288.0656, Florida Statutes, and~~ which is not required to pay the full costs of its resident juveniles’ predisposition detention care.

(5) “Residence” means the county where, at the time of referral, a child resides, as determined by a DJJ intake officer pursuant to subsection 63G-1.003, F.A.C., and entered in the Juvenile Justice Information System.

(6) “Secure detention” means a physically restricting facility for the temporary care of children, pending adjudication, disposition, or placement.

Specific Authority 985.2155(10) FS. Law Implemented 985.2155 FS. History–New_______.

63G-1.008 Annual Reconciliation.

(1) On or before November ~~September~~ 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 January 31 ~~November 1~~.

(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 November billing, and will carry forward as necessary.

Specific Authority 985.2155(10) FS. Law Implemented 985.2155(5) FS. History–New_______.

63G-1.009 Dispute Resolution and Collection.

(1) The quarterly reporting marks the point at which a county may take issue with the charges referenced in the report, but it cannot be the basis for withholding payment. Adjustments, including those necessitated by dispute resolution, cannot be made until the annual reconciliation.

(2) Disputes based upon a quarterly report, such as those relating to the residence of served youth or the number of chargeable service days, must be brought within 90 days of receipt of the quarterly report to which the dispute pertains.

(3) General objections, such as those seeking confirmation of a youth’s county of residence, will be summarily denied. Disputes involving a detained youth’s county of residence must include one or more of the following indicia of specificity:

(a) An alternative address asserted to be correct.

(b) Supporting documentation.

(4) Disputes must be raised by means of form 63G-1-1, and sent by certified mail to the Department’s Bureau of Finance and Accounting at 2737 Centerview Drive, Suite 212, Tallahassee, Florida 32399-3100. Accompanying documentation in support of the county’s position may be included.

(5) Form 63G-1-1 (May 2006), “Notice of Disputed Detention Charge,” is incorporated by reference and is available from the Bureau of Finance and Accounting in Tallahassee.

(6) The Department’s response constitutes final agency action and may be challenged through the process available in chapter 120, Florida Statutes.

Specific Authority 985.2155(10) FS. Law Implemented 985.2155(5)-(8) FS. History–New________.