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PERSONS WITH DISABILITIES v. DALLAS

No. 1D10-0714.

38 So.3d 831 (2010)

AGENCY FOR PERSONS WITH DISABILITIES, Petitioner, v. Travis DALLAS and The State of Florida, Respondents.

District Court of Appeal of Florida, First District.

June 21, 2010.

Attorney(s) appearing for the Case

Julie Waldman, General Counsel, Gainesville, for Petitioner.

Edith E. Sheeks, Assistant Regional Counsel, Office of Regional Conflict, Tallahassee, and Holly J. Gnau, Assistant Regional Counsel, Office of Regional Conflict, Gainesville, for Respondent Travis Dallas.

No Appearance for the State of Florida.

Katherine DeBriere, Newberry, and Maryellen McDonald, Tallahassee, Amici Curiae Florida Institutional Legal Services, Inc., and The Advocacy Center for Persons with Disabilities, Inc.

MARSTILLER, J.

The Agency for Persons with Disabilities ("Agency") petitions this Court for a writ of certiorari quashing the order of the trial court committing Travis Dallas to the Agency's Mentally Retarded Defendant Program ("MRDP") at Florida State Hospital. The Agency contends the court lacked authority to order forensic treatment for Mr. Dallas under Chapter 916, Florida Statutes, when the Agency had deemed him ineligible for community-based services under...

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