Palm Beach County Sheriff v. State

The issue in this case is whether a sheriff is entitled to bring a writ of mandamus to recover expenses from the Department of Children and Families (the Department) when that agency fails to place or take custody of an incarcerated, incompetent criminal defendant after the fifteen-day period described in section 916.107(l)(a), Florida Statutes (2001). We hold that mandamus will not support the recovery of such expenses and affirm.

This case began with five criminal defendants determined to be incompetent to proceed, either because of mental retardation, pursuant to sections 916.106(12) and…