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State v. Birchfield

District Court of Appeal of Florida, Fourth District
Aug 26, 1998
718 So. 2d 202 (Fla. Dist. Ct. App. 1998)

Summary

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"

Summary of this case from Palm Beach Cty. v. State

Opinion

No. 97-3953

July 15, 1998 Rehearing Denied August 26, 1998

Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan Lebow, Judge; L.T. No. 97-8175 CF10A.

Carol A. Gart, Fort Lauderdale, and Gregory D. Venz, Tallahassee, for appellant.

Alan H. Schreiber, Public Defender, and Diane M. Cuddihy, Chief Assistant Public Defender, Fort Lauderdale, for appellee.


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 executiveagency 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.


Summaries of

State v. Birchfield

District Court of Appeal of Florida, Fourth District
Aug 26, 1998
718 So. 2d 202 (Fla. Dist. Ct. App. 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"

Summary of this case from Palm Beach Cty. v. State

reversing a trial court order that held the Department in contempt for failing to place the appellee in a specific program

Summary of this case from Fla. Dep't of Children & Families v. J.B.

reversing trial court's order holding DCF in contempt when DCF could not place defendant in the Mentally Retarded Defendant Program, as ordered by the trial court

Summary of this case from Children and Families v. Soliman

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 separation of powers doctrine because it was tantamount to directing DCF how to spend its funds

Summary of this case from Department of Corrections v. Harrison

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 tantamount to directing DCF how to spend its funds

Summary of this case from Department of Corrections v. Grubbs
Case details for

State v. Birchfield

Case Details

Full title:STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Appellant…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 26, 1998

Citations

718 So. 2d 202 (Fla. Dist. Ct. App. 1998)

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