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Florida DCF Responsible for Transportation of Mental Patients Committed Under Fla. Stat. § 393.11, et seq.
David Everette, a Florida state mental patient, was committed to the Department of Children & Family Services (DCF) under Fla. Stat. 916.13, et seq., after being found incompetent to stand trial for an assault. Two years later the charges were dismissed and he was committed under Fla. Stat. § 393.11, et seq. A state trial court ordered the DCF to transport Everette to periodic competency evaluations in another town, and the DCF filed for a writ of certiorari, claiming the county sheriff should fund Everette’s transportation. The trial court ruled for the state. The appellate court reversed, and the state appealed.
The Supreme Court of Florida held that the sheriff would only be obligated to arrange and fund Everette's transportation while he was committed under § 916.13. Since Everette had been subsequently committed under § 393.11, however, the DCF was responsible for his transportation. The Court also found that the DCF couldn't prevail on certiorari because it hadn't included the sheriff, a real party in interest, as a party. The appellate court’s ruling was thus reversed. See: Everette v. Dept. of Children and Families, 961 So.2d 270 (Fla. 2007).
The Supreme Court of Florida held that the sheriff would only be obligated to arrange and fund Everette's transportation while he was committed under § 916.13. Since Everette had been subsequently committed under § 393.11, however, the DCF was responsible for his transportation. The Court also found that the DCF couldn't prevail on certiorari because it hadn't included the sheriff, a real party in interest, as a party. The appellate court’s ruling was thus reversed. See: Everette v. Dept. of Children and Families, 961 So.2d 270 (Fla. 2007).
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Related legal case
Everette v. Dept. of Children and Families
| Year | 2007 |
|---|---|
| Cite | 961 So.2d 270 (Fla. 2007) |
| Level | State Supreme Court |
| Injunction Status | N/A |