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Status Update: Hillsborough v. DJJ Litigation. Rule 63G-1.008(1), F.A.C. Reality: Jan. 31 deadline is not followed prior to 2010 “On or before January.

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Presentation on theme: "Status Update: Hillsborough v. DJJ Litigation. Rule 63G-1.008(1), F.A.C. Reality: Jan. 31 deadline is not followed prior to 2010 “On or before January."— Presentation transcript:

1 Status Update: Hillsborough v. DJJ Litigation

2 Rule 63G-1.008(1), F.A.C. Reality: Jan. 31 deadline is not followed prior to 2010 “On or before January 31 of each year, the Department shall provide a reconciliation statement to each paying county.”

3 Five “Final” Reconciliations Provided to Hillsborough for FY 07-08 January 30, 2009January 30, 2009 $460,039.83 credit due to Hillsborough February 24, 2009February 24, 2009 Credit due to Hillsborough reduced to $455,579.28 Credit due to Hillsborough reduced to $455,579.28

4 May 14, 2009May 14, 2009 credit due reduced to $431,789.64 June 4, 2009June 4, 2009 credit due reduced to $321,677.91 June 5, 2009June 5, 2009 DJJ invoices Hillsborough an additional charge of $138,361.93 for FY 07-08 Five “Final” Reconciliations Provided to Hillsborough for FY 07-08

5 07/08 Reconciliation Process DJJ sent its “final” reconciliation on January 30, 2009 County “A” challenges its “utilization” days and DJJ re-crunches numbersCounty “A” challenges its “utilization” days and DJJ re-crunches numbers Then County “B” challenges the re- crunched numbers and DJJ changes the numbers againThen County “B” challenges the re- crunched numbers and DJJ changes the numbers again The process is never-endingThe process is never-ending This violates the Rule requirementThis violates the Rule requirement

6 Hillsborough filed its fifth DOAH proceeding against DJJ Goal: To require the final reconciliation be provided no later than Jan. 31 so the County could plan its fiscal commitments under the cost sharing statuteGoal: To require the final reconciliation be provided no later than Jan. 31 so the County could plan its fiscal commitments under the cost sharing statute

7 DOAH Hearing Hearing held Oct. 15, 2009:Hearing held Oct. 15, 2009: a. Recommended Order dated 12/18/09 b. Final Order dated 1/20/10 DJJ’s position: Rule requires only that “a reconciliation” be provided by Jan. 31, not a final reconciliationDJJ’s position: Rule requires only that “a reconciliation” be provided by Jan. 31, not a final reconciliation ALJ’s decision: Rule requires a final reconciliation by Jan. 31ALJ’s decision: Rule requires a final reconciliation by Jan. 31

8 Anticipated Impact to Hillsborough Final Order requires that the original $460,039.83 credit be given to HillsboroughFinal Order requires that the original $460,039.83 credit be given to Hillsborough Expunges the $138,361.93 debit imposed in subsequent reconciliationsExpunges the $138,361.93 debit imposed in subsequent reconciliations

9 Final Order: January 20, 2010

10 Effect of Final Order Requires that the $460,039.83 credit be given to HillsboroughRequires that the $460,039.83 credit be given to Hillsborough DJJ, however, has simply stated that the June 2009 final reconciliation that charged Hillsborough an additional $110,111.74 should be disregarded, not applying the $460,039.83 creditDJJ, however, has simply stated that the June 2009 final reconciliation that charged Hillsborough an additional $110,111.74 should be disregarded, not applying the $460,039.83 credit Other Counties should also be given credits based on the final reconciliations prepared for the Counties in January 2009Other Counties should also be given credits based on the final reconciliations prepared for the Counties in January 2009

11 DJJ’s Actions for 07/08 1/25/10 letter from DJJ to County Representatives reports that “The Department has reviewed all five adjustments and taken steps to reverse any fiscal adjustments made to a county’s account after January 30, 2009.1/25/10 letter from DJJ to County Representatives reports that “The Department has reviewed all five adjustments and taken steps to reverse any fiscal adjustments made to a county’s account after January 30, 2009.

12 DJJ’s Actions Impacting 08/09 1/25/10 letter from DJJ to Hillsborough announces that “…any county wishing to dispute utilization information …[for fiscal year 08/09] … will need to follow Administrative Rule proceedings”.1/25/10 letter from DJJ to Hillsborough announces that “…any county wishing to dispute utilization information …[for fiscal year 08/09] … will need to follow Administrative Rule proceedings”. 1/26/10 letter from DJJ identifies a new “…procedure for handling any challenges to the annual reconciliation data sent … in December 2009 for FY 2008-09 and any future year’s reconciliation.”1/26/10 letter from DJJ identifies a new “…procedure for handling any challenges to the annual reconciliation data sent … in December 2009 for FY 2008-09 and any future year’s reconciliation.”


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