STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLANT,
v.
RICHARD BIRCHFIELD, APPELLEE
Explore caselaw by topic → Browse Separation Of Powers cases and more on FLexlaw
PER CURIAM.
We reverse the trial court’s order holding the appellant, Department of Children and Family Services, in contempt for failing to place the appellee in the Mentally Retarded Defendant Program as previously ordered by the court. The trial court violated the separation of powers doctrine in considering the appellant’s ability to move funds in order to comply with its mandate. See State Department of Health & Rehabilitative Servs. v. Brooke, 573 So. 2d 363, 371 (Fla. 1st DCA 1991) (transfers of appropriated monies among agency programs are strictly within agency’s discretion, and member of judiciary may not direct an executive agency to spend its money in a particular way). In basing its contempt finding on appellant’s ability to move funds, the trial court’s order was tantamount to an order directing the agency how to spend its funds.
REVERSED AND REMANDED.
GUNTHER, WARNER and SHAHOOD, 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)…tion in spending appropriated funds. Dep’t of Juvenile Justice v. C.M., 704 So. 2d 1123 (Fla. 4th DCA 1998) (reversing court order directing DJJ to pay for hospital evaluation of juvenile). See also Dep’t of Children and Family Servs. v. Birchfield, 718 So. 2d 202 (Fla. 4th DCA 1998) (reversing order holding DCF in contempt for failing to place appellee in specific program on ground that court’s consideration of DCF’s ability to move funds to effectuate placement violated separation of powers because it was t…
-
Dep't OF Corr. v. Harrison, 896 So. 2d 868 (Fla. 5th DCA 2005)…e also Department of Juvenile Justice v. C.M., 704 So. 2d 1123 (Fla. 4th DCA 1998) (reversing court order directing Department of Juvenile Justice to pay for hospital evaluation of juvenile); Department of Children and Family Services v. Birchfield, 718 So. 2d 202 (Fla. 4th DCA 1998) (reversing order holding Department of Children and Family Services in contempt for failing to place appellee in specific program, as court's consideration of DCF's ability to move funds to effectuate placement violated separatio…
-
Palm Beach Cnty. Sheriff v. State, 854 So. 2d 278 (Fla. 4th DCA 2003)…in determining the funds required of an agency and executive discretion in spending those appropriated funds....” Dep’t of Juvenile Justice v. C.M., 704 So. 2d 1123, 1125 (Fla. 4th DCA 1998); see also Dep’t of Children & Family Servs. v. Birchfield, 718 So. 2d 202 (Fla. 4th DCA 1998) (holding that the “trial court violated the separation of powers doctrine in considering the [Department’s] ability to move funds in order to comply with its mandate”); Dep’t of Health & Rehabilitative Servs. v. State, 593 So. 2d…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 573 So. 2d 363 (Fla. 2d DCA 1990)
- State v. The Honorable Alban Brooke of the Cir. Court of the Fourth Jud. Cir. In & For Duval Cnty., 573 So. 2d 363 (Fla. 1st DCA 1991)