Agenda

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County Attorney's Report 11. 6.

BCC Regular Meeting - Canceled

Action

Meeting Date:	04/21/2016
Issue: Dismissal of the Division of Administrative Hearings Action Contesting the Estimate and Reconciliation for Fiscal Year 2014-2015
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Dismissal of the Division of Administrative Hearings Action Contesting the Estimate and Reconciliation for Fiscal Year 2014-2015.

That the Board take the following action:

A. Authorize the County Administrator Jack Brown to execute the conditional release on behalf of the County, a copy of which is attached; and

B. Authorize dismissal with prejudice of the pending petition before the Division of Administrative Hearings, concerning Fiscal Year 2014-2015.

BACKGROUND:

Escambia County has annual reconciliations issued to Escambia County by the Department of Juvenile Justice relating to credits for secure detention costs for juveniles. The current challenge relates to fiscal year 2014-2015. Chapter 2016-152, Laws of Florida (2016), was signed into law on March 29, 2016, mandating that allocation of costs for secure juvenile detention shall be equally shared between the State of Florida and the non-fiscally constrained counties including Escambia County.

This Board authorized County Administrator Jack Brown to show Escambia County’s support for this new law by a letter dated February 2, 2016. In exchange for enactment of this sharing arrangement, the County would dismiss any pending challenges of annual reconciliations and would not seek credits for any claimed overpayments for any fiscal years prior to fiscal year 2016-2017.

Consistent with the support of this new law and with the terms of the new statute, Section 985.6865, that was enacted and signed into law by Governor Rick Scott, the Board has the opportunity now to designate Mr. Brown to execute the conditional general release and to dismiss its pending challenge to the annual reconciliation issued for fiscal year 2014-2015.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Deputy County Attorney, Charles V. Peppler has reviewed and approved the attached Conditional Release.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Conditional Release