Dept. of Child. & Fam. Servs. v. Birchfield, 718 So. 2d 202 (Fla. 4th DCA 1998). · Go Syfert
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Dept. of Child. & Fam. Servs. v. Birchfield, 718 So. 2d 202 (Fla. 4th DCA 1998). Cases Citing This Book View Copy Cite
10 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: Department of Corrections v. Grubbs (fladistctapp, 2004-10-27)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see, e.g." Department of Corrections v. Grubbs
Fla. Dist. Ct. App. · 2004 · signal: see also · confidence low
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 tantamount to directing DCF how to spend its funds).
discussed Cited "see, e.g." Palm Beach County Sheriff v. State
Fla. Dist. Ct. App. · 2003 · signal: see also · confidence low
An order requiring the Department to reimburse the Sheriff would interfere “with both legislative discretion 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 & Rehab…
Retrieving the full opinion text from the archive…
STATE of Florida, DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Appellant,
v.
Richard BIRCHFIELD, Appellee.
97-3953.
District Court of Appeal of Florida, Fourth District.
Jul 15, 1998.
718 So. 2d 202
Per Curiam.
Cited by 6 opinions  |  Published

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.

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[*203] 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.