Jacksonville, Fla. – A new lawsuit claims the Florida Department of Children and Families (DCF) is failing to move mentally ill defendants from jail to state hospitals within the legally required 15‑day window. The suit, brought by Disability Rights Florida and the Southern Poverty Law Center, says DCF routinely exceeds the deadline by an average of more than 100 days.
Under Florida law, a defendant deemed incompetent – meaning they cannot understand court proceedings or assist in their defense – must receive a psychiatric evaluation and, once documented, be transferred to a state hospital for treatment. The hospital is then tasked with restoring competency so the trial can proceed.
Alleged delays and human impact
The complaint alleges DCF’s waitlist fluctuates between 650 and 880 people statewide, with an average wait of about four months for court‑ordered competency restoration. It cites specific cases, including a defendant identified only as “A.A.” who was arrested in Duval County in January 2025. After an expert ordered his transfer in June, A.A. waited six months, lost 80 pounds, and was finally admitted in January 2026, only to be deemed incompetent again later that year.
Another case, “A.L.,” died in the Duval County jail in 2024 after waiting four weeks past the statutory deadline. Hospital clinicians had warned he was at risk of self‑harm; he later died of hyponatremic dehydration.
DCF’s response
DCF acknowledged the problem in a 2025 filing, stating that about 87 % of defendants on its waitlist had waited longer than the 15‑day limit. The agency blamed insufficient funding and a shortage of hospital beds, noting that Florida ranks near the bottom in community mental‑health spending.
Public defender Charlie Cofer, who represents several of the plaintiffs, said the agency did not request additional funding for these commitments in its most recent state budget request. He called the delays “inefficient, it costs money, but primarily, it’s inhumane.”
Calls for oversight and funding
Cofer urged continued oversight of DCF and warned that Florida’s growing population will increase demand for mental‑health services. “If the Legislature provides additional funding, they need to see results,” he said.
The lawsuit seeks court‑ordered compliance with the statutory deadline and aims to prompt the state to allocate sufficient resources to ensure timely treatment for mentally ill defendants.
Original reporting: Jacksonville Today — read the source article.
