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PALM BEACH COUNTY SHERIFF v. STATE

No. 4D01-2659.

854 So.2d 278 (2003)

PALM BEACH COUNTY SHERIFF, Ed Bieluch, Walter J. King, Alphonso A. Jackson, Bruce Lennis McCray, Vincent C. Gaines, and Walter W. Frymire, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 17, 2003.

Attorney(s) appearing for the Case

Fred H. Gelston of Fred H. Gelston, P.A., West Palm Beach, for appellant Palm Beach County Sheriff, Ed Bieluch.

Carey Haughwout, Public Defender, and Margaret Good-Earnest, Assistant Public Defender, West Palm Beach, for appellants Walter J. King, Alphonso A. Jackson, Bruce Lennis McCray, Vincent C. Gaines, and Walter W. Frymire.

John J. Copelan, Jr., Fort Lauderdale, for appellee.

GROSS, J.

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(1)(a), Florida Statutes (2001). We hold that mandamus will not support the recovery of such...

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