U.S. Department
of Justice
United States v. Florida
The United States initiated this lawsuit on July 22, 2013, following the issuance of a letter of findings in September 2012. On May 30, 2014, the U.S. 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. 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 such 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 who live in the community at serious risk of institutionalization in nursing facilities, in violation of Title II of the ADA. 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. On August 12, 2022, the United States filed a brief in opposition to the State of Florida's motion to dismiss. The Court denied the State's motion. On February 15 and 16, 2023, the parties filed cross motions for summary judgment, and the Court granted in part and denied in part Florida's motion and denied the United States' motion. A bench trial was held from May 8 to May 19, 2023.
On July 14, 2023, after the completion of the bench trial, the U.S. District Court for the Southern District of Florida ruled in favor of the United States. The Court's 79-page opinion explains that the State of Florida violates the rights of children with complex medical needs under Title II of the ADA by keeping some children unnecessarily institutionalized in nursing facilities, while placing other children at serious risk of unnecessary institutionalization. On the same day, the Court issued an Order of Injunction, requiring Florida to take steps to ensure that children with complex medical needs can access the services they need to live in their own homes and communities, to develop transition plans for institutionalized children, and to engage families to ensure that they can make informed choices about where their children live.