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MICHAEL SANDLERSanta Rosa County sues the state, saying it failed to follow the Constitution. Other counties may join in.
A legislative decision requiring Florida counties to absorb the $90-million annual costs of holding juveniles for trial is now a matter for the courts.
Santa Rosa County, 180 miles west of Tallahassee, sued the state last week, saying state lawmakers violated the Florida Constitution by passing along the expense without getting approval of two-thirds of the Florida House and Senate.
Several Florida counties, including Pinellas, are expected to align with Santa Rosa in challenging the state transfer.
The Florida Association of Counties, which lobbied vigorously against the measure during the legislative session, has asked county commissions around the state to support potential legal action being researched by the organization's attorneys.
Pinellas commissioners voted this week to back a unified challenge.
The state's decision to transfer juvenile system costs to individual counties means Hillsborough would pay $6.7-million; Pinellas, $5.5-million; Pasco, $2.3-million; Hernando, $693,000; and Citrus, $925,000.
The cost shift is to take effect on Oct. 1. Santa Rosa's suit asks the court to restrain the state from passing on the costs.
"They (the state) are in effect imposing taxes at the local level," Pinellas commission Chairwoman Susan Latvala said. "They don't have the authority to do that."
Santa Rosa argues the state Constitution requires a two-thirds majority to pass "an unfunded mandate" on to local governments, attorneys for the counties say.
The Senate vote was 37-3, but the House voted 62-55, well short of two-thirds.
Santa Rosa also claims the bill gives broad power to the state's chief financial officer, allowing that office to withhold state money from any county that fails to pay the new pretrial expenses.
The state has long paid the costs of holding juveniles charged with crimes. But during the past several years, the Legislature and the governor made several attempts to push the cost to the counties.
This year, state lawmakers acted, citing the state's need to absorb a voter-passed mandate requiring the state take over a bigger portion of the tab to fund the court system, at a cost of $116-million.
Lawmakers say the exchanging of fiscal responsibilities should even out. But county officials say the state will collect millions of dollars in filing fees and fines the counties previously collected that will help pay for the courts.
The counties, on the other hand, are paying for the state system without any new revenue.
Santa Rosa commissioners have to find another $687,227 for the new pretrial juvenile detention costs.
Tom Dannheisser, Santa Rosa's county attorney, compared the new arrangement to a neighbor paying another neighbor's electric bill.
"If your power bill is being paid by your neighbor, you are a little less concerned about how you set your thermostat," Dannheisser said.
Next week, the Florida Association of Counties board of directors will vote on the matter at its annual conference in Fort Lauderdale. If legal action is approved, several counties could join Santa Rosa's suit, or file a separate suit.
"The issue needs to be resolved," Latvala said. "If we lose, then okay, the counties will be paying. But we don't operate the juvenile justice system. The state does."
- Michael Sandler can be reached at 445-4162 or sandler@sptimes.com