Agency for Persons with Disabilities v. State

District Court of Appeal of Florida

Agency for Persons with Disabilities v. State

969 So. 2d 1225, 2007 Fla. App. LEXIS 19957, 2007 WL 4372812

CourtDistrict Court of Appeal of Florida

DecidedDecember 17, 2007

DocketNo. 1D07-3930

StatusPublished

Cited by1 cases

This text of 969 So. 2d 1225 (Agency for Persons with Disabilities v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Agency for Persons with Disabilities v. State, 969 So. 2d 1225, 2007 Fla. App. LEXIS 19957, 2007 WL 4372812 (Fla. Ct. App. 2007).

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Opinion

PER CURIAM.

The petitioner seeks certiorari review of an amended order by which the trial court instructed the petitioner to transfer an incompetent criminal defendant committed to its custody and care from one particular facility to another. Although permitted to make a non-binding recommendation regarding placement, the trial court was without authority to mandate this transfer. See Department of Children and Families v. Morrison, 727 So.2d 404 (Fla. 3d DCA), rev. denied, 741 So.2d 1136 (Fla.1999); accord Department of Children and Families v. Blue, 951 So.2d 18 (Fla. 4th DCA 2007); Department of Children and Families v. Harter, 861 So.2d 1274 (Fla. 5th DCA 2003); Department of Children and Family Services v. M.H., 830 So.2d 849 (Fla. 2d DCA 2002). Accordingly, we grant the petition for writ of certiorari and quash the order under review insofar as it mandates the aforementioned transfer.

ALLEN, VAN NORTWICK, and LEWIS, JJ., concur.

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PER CURIAM.

The petitioner seeks certiorari review of an amended order by which the trial court instructed the petitioner to transfer an incompetent criminal defendant committed to its custody and care from one particular facility to another. Although permitted to make a non-binding recommendation regarding placement, the trial court was without authority to mandate this transfer. See Department of Children and Families v. Morrison, 727 So.2d 404 (Fla. 3d DCA), rev. denied, 741 So.2d 1136 (Fla.1999); accord Department of Children and Families v. Blue, 951 So.2d 18 (Fla. 4th DCA 2007); Department of Children and Families v. Harter, 861 So.2d 1274 (Fla. 5th DCA 2003); Department of Children and Family Services v. M.H., 830 So.2d 849 (Fla. 2d DCA 2002). Accordingly, we grant the petition for writ of certiorari and quash the order under review insofar as it mandates the aforementioned transfer.

ALLEN, VAN NORTWICK, and LEWIS, JJ., concur.

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969 So. 2d 1225, 2007 Fla. App. LEXIS 19957, 2007 WL 4372812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/agency-for-persons-with-disabilities-v-state-fladistctapp-2007.

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