ST. PETERSBURG, FLA----Florida's Department of Children and Families repeatedly refused to investigate allegations of abuse, neglect and exploitation in the Terri Schindler Schiavo case.

Because of their negligence and that of attorneys for Florida Gov. Jeb Bush, they missed an opportunity to take Terri Schiavo into protective custody which would have saved her life.

Now a judge has found the agency in contempt of court for placing mentally ill inmates in jeopardy by failing to comply with state law which requires DCF to transfer mentally ill inmates who have been found to be incompetent to stand trial from county jails to state hospitals within 15 days.

In Pinellas County, where the judges are known to play God, one judge has taken the extraordinary step of threatening to fine the agency---aka the taxpayers----thousands of dollars a day in fines in they don't start complying with the law and he'll check on their progress at a hearing on Nov. 16. Due to a shortage of beds and funding, some 300 inmates statewide have been waiting more than three months for a bed in mental health facilities.

At a hearing late last month, Pinellas-Pasco Public Defender Bob Dillinger (left), whose daughter committed suicide on Sept. 3, told Sixth Circuit Judge Crockett Farnell (right) that DCF's blatant and intentional refusal to comply with state law had to be addressed.

And address it he did. Calling the agency arrogant, Farnell ruled Friday that he will fine DCF $1,000 a day for each mentally ill inmate who remains in the Pinellas County Jail more than 15 days. If DCF doesn't move the inmates to mental hospitals in a timely manner, he may order them placed in private treatment facilities.

Robert Gualtieri, attorney for the jail, told Farnell that at the time of the hearing, 3,773 inmates were incarcerated which was 1,300 over capacity including about 30 mentally ill inmates who should have been transferred weeks previous.

DCF counsel acknowledges that the agency isn't complying with its statutory duty but says that they don't have the ability to comply due to lack of funding and beds. Dillinger argues that when DCF made its budget request for 2006-07, it was for $53 million less, money that would have paid for 530 more hospital beds.

An agency spokesman said that it's hoped to increase their capacity by 84 beds by month's end and plans to add more in its next budget.

The issue is statewide but Farnell's actions are by far the harshest. Five inmates have sued thus far. The Hillsborough County sheriff has sued DCF over the delays and lawyers in other counties have initiated legal action against DCF. 10-15-06