FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, PETITIONER,
v.
MICHAEL MYERS, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Department of Health and Rehabilitative Services (HRS) challenged a trial court order requiring it to pay half the costs of transporting a criminal defendant to another facility. The appellate court held that HRS, as a non-party to the criminal action, lacked authority under Florida law to be ordered to bear such transportation costs, and granted the petition for writ of certiorari.
The trial court's order directing HRS to pay transportation costs departed from the essential requirements of law and is therefore quashed. HRS, as a non-party lacking an adequate remedy by direct appeal, has standing to seek certiorari relief. The trial court must determine the proper party responsible for transportation costs pursuant to section 901.35, Florida Statutes.
[1] A non-party to a criminal action may seek a writ of certiorari to challenge a trial court order that departs from the essential requirements of law and for which there is…
[2] A trial court order directing a state agency to pay the costs of transporting a detainee to another facility may depart from the essential requirements of law if no statu…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We conclude that this ruling directing that HRS pay part of the costs of transportation departed from the essential requirements of the law.”
The court's main holding that the trial court lacked authority to impose transportation costs on HRS.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMichael Myers was a detainee subject to a trial court order directing his placement in a secure community in-patient residential facility. The trial c…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Petition For Writ Of Certiorari cases and more on FLexlaw
SHAHOOD, Judge.
Petitioner, State of Florida Department of Health and Rehabilitative Services (“HRS”), a non-party to this criminal action, files a petition for writ of certiorari challenging a September 29, 1995 order of a Broward County Circuit Court which provides in pertinent part as follows:
IT IS HEREBY ORDERED AND ADJUDGED that the Department of Health and Rehabilitative Services shall comply as follows:
HRS must arrange to transport (Michael Myers) to the Palm Beach County Jail. One half of costs must be paid by the Broward County Government or Broward Sheriffs Office and the balance must be 'paid, by HRS by October 2, 1995, 9 a.m....
We conclude that this ruling directing that HRS pay part of the costs of transportation departed from the essential requirements of the law. We determine further that HRS, a non-party to this action, lacks an adequate remedy by direct appeal after final judgment. For these reasons, we grant the petition for writ of certiorari, quash the order under review, and direct the trial court to make a determination of the proper party responsible for the cost of transportation.
Section 901.35, Florida Statutes (1995), sets forth the order of priority a provider of medical care, treatment, hospitalization, or transportation should follow in seeking reimbursement for those services provided to a prisoner. According to the statute, a service provider should look first to an insurance company, then to the person receiving the service, and finally to any financial settlement payable to the injured party. See § 901.35(l)(a), (b), (c), Fla.Stat. (1995). When it is apparent that reimbursement from those sources is not available, the statute provides that the cost of the services be paid as follows:
(a) From the general fund of the county in which the person is arrested, if the arrest was for violation of a state law or county ordinance; or (b) From the municipal general fund, if the arrest was for violation of a municipal ordinance.
See § 901.35(2)(a), (b), Fla.Stat. (1995).
The trial court’s order directing HRS to arrange for the placement of Myers in a secure community in-patient residential facility recites sections 916.105(3) and 916.107(l)(a) as granting the authority. Although section 916.105(1) does state that it is the responsibility of HRS to establish, locate, and maintain treatment facilities for mentally retarded, mentally ill, or insane defendants, neither statute mentions transportation or imposes the costs of same upon HRS. See § 916.105(1), Fla.Stat. (1995). In fact, we have been unable to locate any authority, statutory or otherwise, which permits a trial court to order HRS to pay the costs of transporting a detainee to another facility, as in this case. Accordingly, we conclude that the trial court’s order departed from the essential requirements of law; therefore, we grant certiorari and quash the order under review.
POLEN and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dep't OF Corr. v. Grubbs, 884 So. 2d 1147 (Fla. 2d DCA 2004)…etition for writ of certio-rari in this court seeking relief from the trial court’s order. We have jurisdiction because DOC’s nonparty status deprives it of an adequate remedy by direct appeal. See Dep’t of Health and Rehabilitative Servs. v. Myers, 675 So. 2d 700 (Fla. 4th DCA 1996). In this proceeding, DOC argues that the trial court’s order violates the doctrine of separation of powers. Art. II, § 3, Fla. Const. We agree. The trial court’s order departs from the essential requirements of law by requiring…
-
State v. Myers, 696 So. 2d 863 (Fla. 4th DCA 1997)…each for treatment. In that case we granted certiorari concluding that the trial court departed from the essential requirements of law in ordering HRS to pay part of the costs of transporting the detainee to the Palm Beach County Jail. HRS v. Myers, 675 So. 2d 700 (Fla. 4th DCA 1996). The subject order in question which provides the basis of these certiorari petitions provides in pertinent part as follows: 1. This aspect of my ruling recognizes the Florida Department of Health [*865] and Rehabilitative Serv…1 / 2
-
Armor Corr. Health Servs., Inc. v. Ault, 942 So. 2d 976 (Fla. 4th DCA 2006)…aw which will materially injure Armor throughout the remainder of the proceedings. Because Armor is not a party to the criminal case, a direct appeal in that case will not provide it with relief. See Florida Dep’t of Health & Rehab. Servs. v. Myers, 675 So. 2d 700 (Fla. 4th DCA 1996). Operation of the county jail is within the province of the executive and legislative branches of government, not the judicial branch. See Arrington v. Wainwright, 452 So. 2d 1120, 1121 (Fla. 4th DCA 1984) (citing Procunier v. M…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence