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FLA. DEPT. OF H & R SERVICES v. KORVICK

No. 83-1349.

435 So.2d 351 (1983)

FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, a State Agency, Petitioner, v. The Honorable Maria M. KORVICK, Judge of the Circuit Court, in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

July 26, 1983.

Attorney(s) appearing for the Case

Gary R. Dunham, Gainesville, for petitioner.

Jim Smith, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., for respondent.

Before BARKDULL, NESBITT and BASKIN, JJ.

BASKIN, Judge.

Finding that respondent's order requires HRS to maintain the criminal defendant in question as a Mentally Disordered Sex Offender despite the exhaustion of treatment, and that the order violates our decision in Florida Department of Health and Rehabilitative Services v. Gross, 421 So.2d 44 (Fla. 3d DCA 1982) prohibiting the imposition of such treatment as a condition...

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