VINCENT RIVERA, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Off. OF the State Attorney FOR the Eleventh Jud. Cir. v. Polites, 904 So. 2d 527 (Fla. 3d DCA 2005)
  …s appropriate funds, it is encroaching on the powers of the agency. See, e.g., Dep’t of Corr. v. Grubbs, 884 So. 2d 1147, 1148 (Fla. 2d DCA 2004). Judges may not direct an executive agency to spend its money in a particular way. See Brown v. Fearer, 726 So. 2d 322, 325 (Fla. 3d DCA 1999). Although the Office of the State Attorney is found in article V of the Florida Constitution, the judicial branch of the State, “the decision to prosecute is an ‘executive’ function. A state attorney, while being a quasi-judi…
• Fla. Dep't OF Child. & Families v. Y.C., 82 So. 3d 1139 (Fla. 3d DCA 2012)
  …s appropriate funds, it is encroaching on the powers of the agency. See, e.g., Dep’t of Corr. v. Grubbs, 884 So. 2d 1147, 1148 (Fla. 2d DCA 2004). Judges may not direct an executive agency to spend its money in a particular way. See Brown v. Feaver, 726 So. 2d 322, 325 (Fla. 3d DCA 1999).” Office of State Attorney for Eleventh Judicial Circuit v. Polites 904 So. 2d 527, 532 (Fla. 3d DCA 2005). See also Fla. Dep’t of State, Div. of Elections v. Martin, 916 So. 2d 763, 769 (Fla.2005) (”[N]o branch may encroach…
• C.S. v. Dep't of Child. & Families, 41 So. 3d 368 (Fla. 1st DCA 2010)
  …ct, or abandonment cannot be established based on the parent’s homelessness “derived solely from a custodian’s financial inability ... unless the Department offers services to the homeless custodian and those services are rejected.” Brown v. Feaver, 726 So. 2d 322, 324 (Fla. 3d DCA 1999). Accord, M.B. v. Dept. of Children & Family Servs., 985 So. 2d 1178 (Fla. 3d DCA 2008) (quashing shelter order based upon mother’s homelessness due to her financial situation when there was no evidence that the Department had…

Authorities Cited

• State v. Smith, 557 So. 2d 904 (Fla. 1st DCA 1990)
• State v. Siegel, 662 So. 2d 1013 (Fla. 5th DCA 1995)