United States v. Florida

On February 16, 2023, the United States filed a motion for partial summary judgment. The lawsuit alleges that, as a result of the manner in which Florida administers its service systems for children with complex medical needs, children with disabilities are unnecessarily segregated in nursing facilities when they could be served in their family homes or other community-based settings. The lawsuit further alleges that the State’s policies and practices place children with complex medical needs in the community at serious risk of institutionalization in nursing facilities, in violation of Title II of the Americans with Disabilities Act. The Amended Complaint asks the court to declare that Florida is discriminating against children with complex medical needs in violation of Title II, and to order the State to provide services to such children in the most integrated setting appropriate to their needs. The United States initiated this lawsuit on July 22, 2013, following the issue of a letter of findings in September 2012. On May 30, 2014, the United States District Court for the Southern District of Florida denied Florida’s motion for judgment on the pleadings, holding that the Attorney General has authority to sue to enforce Title II of the ADA. The court later dismissed the United States’ claims, concluding that the United States does not have authority to sue to enforce Title II of the ADA. The United States appealed, and on September 17, 2019, the Court of Appeals for the Eleventh Circuit issued a decision and judgment in favor of the United States. Florida petitioned for rehearing en banc on October 29, 2019. The Eleventh Circuit denied the petition for rehearing en banc on December 22, 2021, and remanded the case to the district court on January 11, 2022. On June 15, 2022, the United States filed an Amended Complaint in this ongoing lawsuit against the State of Florida. On August 12, 2022, the United States filed a brief in opposition to the State of Florida's motion to dismiss, which the Court denied.