Status Update: Status Update: Hillsborough v. DJJHillsborough v. DJJ

LitigationLitigation

Rule 63G-1.008(1), F.A.C. 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.”

Five “Final” Reconciliations Provided to Five “Final” Reconciliations Provided to Hillsborough for FY 07-08Hillsborough for FY 07-08

• January 30, 2009January 30, 2009$460,039.83 credit due to Hillsborough$460,039.83 credit due to Hillsborough

• February 24, 2009February 24, 2009 Credit due to Hillsborough reduced to $455,579.28Credit due to Hillsborough reduced to $455,579.28

• May 14, 2009May 14, 2009credit due reduced to $431,789.64credit due reduced to $431,789.64

• June 4, 2009June 4, 2009credit due reduced to $321,677.91credit due reduced to $321,677.91

• June 5, 2009June 5, 2009DJJ invoices Hillsborough an additional charge of DJJ invoices Hillsborough an additional charge of $138,361.93 for FY 07-08$138,361.93 for FY 07-08

Five “Final” Reconciliations Provided to Five “Final” Reconciliations Provided to Hillsborough for FY 07-08Hillsborough for FY 07-08

07/08 Reconciliation Process07/08 Reconciliation Process

DJJ sent its “final” reconciliation on January DJJ sent its “final” reconciliation on January 30, 200930, 2009

• County “A” challenges its “utilization” days County “A” challenges its “utilization” days and DJJ re-crunches numbersand DJJ re-crunches numbers

• Then County “B” challenges the re-Then County “B” challenges the re-crunched numbers and DJJ changes the crunched numbers and DJJ changes the numbers numbers againagain

• The process is never-endingThe process is never-ending• This violates the Rule requirement This violates the Rule requirement

Hillsborough filed its fifth DOAH Hillsborough filed its fifth DOAH proceeding against DJJ proceeding against DJJ

• Goal: To require the final Goal: To require the final reconciliation be provided reconciliation be provided no later than Jan. 31 so no later than Jan. 31 so the County could plan its the County could plan its fiscal commitments under fiscal commitments under the cost sharing statutethe cost sharing statute

DOAH HearingDOAH Hearing

• Hearing held Oct. 15, 2009: Hearing held Oct. 15, 2009:

a. Recommended Order dated 12/18/09 a. Recommended Order dated 12/18/09

b. Final Order dated 1/20/10b. Final Order dated 1/20/10

• DJJ’s position: Rule requires only that “a DJJ’s position: Rule requires only that “a reconciliation” be provided by Jan. 31, not reconciliation” be provided by Jan. 31, not a final reconciliationa final reconciliation

• ALJ’s decision: Rule requires a final ALJ’s decision: Rule requires a final reconciliation by Jan. 31reconciliation by Jan. 31

Anticipated Impact to HillsboroughAnticipated Impact to Hillsborough

• Final Order requires that the original Final Order requires that the original $460,039.83 credit be given to $460,039.83 credit be given to HillsboroughHillsborough

• Expunges the $138,361.93 debit imposed Expunges the $138,361.93 debit imposed in subsequent reconciliationsin subsequent reconciliations

Final Order: January 20, 2010Final Order: January 20, 2010

Effect of Final OrderEffect of Final Order

• Requires that the $460,039.83 credit be given to Requires that the $460,039.83 credit be given to HillsboroughHillsborough

• DJJ, however, has simply stated that the June DJJ, however, has simply stated that the June 2009 final reconciliation that charged 2009 final reconciliation that charged Hillsborough an additional $110,111.74 should Hillsborough an additional $110,111.74 should be disregarded, not applying the $460,039.83 be disregarded, not applying the $460,039.83 creditcredit

• Other Counties should also be given credits Other Counties should also be given credits based on the final reconciliations prepared for based on the final reconciliations prepared for the Counties in January 2009the Counties in January 2009

DJJ’s Actions for 07/08DJJ’s Actions for 07/08

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

DJJ’s Actions Impacting 08/09DJJ’s Actions Impacting 08/09

• 1/25/10 letter from DJJ to Hillsborough 1/25/10 letter from DJJ to Hillsborough announces that “…any county wishing to dispute announces that “…any county wishing to dispute utilization information …[for fiscal year 08/09] … utilization information …[for fiscal year 08/09] … will need to follow Administrative Rule will need to follow Administrative Rule proceedings”.proceedings”.

• 1/26/10 letter from DJJ identifies a new “…1/26/10 letter from DJJ identifies a new “…procedure for handling any challenges to the procedure for handling any challenges to the annual reconciliation data sent … in December annual reconciliation data sent … in December 2009 for FY 2008-09 and any future year’s 2009 for FY 2008-09 and any future year’s reconciliation.”reconciliation.”