ANTHONY GERMAN, APPELLANT,
v.
STATE OF FLORIDA DEPARTMENT OF REVENUE AND ALICIA MARIE SAUNDERS, APPELLEES
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Anthony German appeals a Final Administrative Support Order from the Florida Department of Revenue, challenging both his failure to timely opt out of the administrative process and alleged due process violations. The court affirms the administrative order, holding that German failed to meet the statutory 20-day deadline to opt out and that his due process claim lacks record support, though it preserves his right to seek post-judgment relief.
The court affirmed the Final Administrative Support Order because German failed to comply with the 20-day opt-out deadline prescribed by section 409.2563(2)(f), Florida Statutes. The court also affirmed the due process claim without prejudice to German's right to file a motion to vacate and seek an evidentiary hearing, noting his claim was raised for the first time on appeal and lacks record support.
[1] A party must timely opt out of the administrative support order process by filing a written request within 20 days of receiving notice of the proceedings to establish an…
[2] A claim of denial of due process based on inability to participate in an administrative hearing, asserted for the first time on appeal without record support, will be aff…
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Join FLexlaw to unlock all legal intelligence“Section 409.2563(2)(f), Florida Statutes (2013), requires that a written request to opt out of the administrative process be filed within 20 days of receipt of the initial notice of proceedings to establish an administrative support order.”
Establishes the statutory deadline for opting out that German failed to meet.
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Join FLexlaw to unlock all legal intelligenceAnthony German, a father, received notice of proceedings to establish an administrative support order from the Department of Revenue. He filed a writt…
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The father, Anthony German, appeals a Final Administrative Support Order rendered by the Department of Revenue. Because appellant failed to timely , opt out of the administrative process, the Department of Revenue correctly rendered the Final Administrative Support Order and Income Deduction Order. Section 409.2563(2)(f), Florida Statutes (2013), requires that a written request to opt out of the administrative process be filed within 20 days of receipt of the initial notice of proceedings to establish an administrative support order. Appellant filed his request 71 days after receipt of the notice.
As to appellant’s claim that he was denied due process of law because he was unable to connect telephonically into the administrative hearing and appear at the hearing, we affirm because appellant asserts this position for the first time on appeal, and there is nothing in the record to support this assertion. However, we affirm on this issue without prejudice to his right to file a motion to vacate and seek an evidentiary hearing on this matter. See W.T. Holding, Inc. v. State Agency for Health Care Admin., 682 So.2d 1224, 1225 (Fla. 4th DCA 1996) (holding that, in circumstances involving a due process violation, the administrative agency has the authority to reissue a final order despite the lack of a specific grant of such authority in chapter 120); Solease v. Constr. Indus. Licensing Bd., 881 So.2d 98, 98 (Fla. 1st DCA 2004) (recognizing that “an agency has authority to vacate and reenter otherwise final orders in order to avoid due process problems”).
As to appellant’s final argument, we affirm without further comment.
Affirmed.
STEVENSON, GROSS and TAYLOR, JJ., concur.
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Citator
Cited By
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Dep't OF Revenue & Mark Cole Cruickshank v. Graczyk, 206 So. 3d 157 (Fla. 1st DCA 2016)…has been entered. Additionally, here, DOR’s obligation to terminate the administrative action was not triggered pursuant to the opt-out provision of the statute. See § 409.2668(2)©, (4)(m)-(n), Fla. Stat.; see also German v. State Dep’t of Revenue, 177 So. 3d 318, 318 (Fla. 4th DCA 2015) (“Section 409.2563(2)(f) ... requires that a written request to opt out of the administrative process be filed within 20 days of receipt of the initial notice of proceedings to establish an administrative support order.”).…
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Walker v. Dep't OF Revenue, 198 So. 3d 735 (Fla. 2d DCA 2016)…his reason, our affirmance is without prejudice to Mr. Walker’s ability to file a motion in the lower tribunal to vacate the final order and to seek an evi-dentiary hearing on his claim that he did not receive notice. See German v. Dep’t of Revenue, 177 So. 3d 318, 318 (Fla. 4th DCA 2015). Affirmed. VILLANTI, C.J., and WALLACE and LUCAS, JJ., Concur.…
Authorities Cited
- W.T. Holding, Inc. v. State, 682 So. 2d 1224 (Fla. 4th DCA 1996)
- Sclease v. Constr. Indus. Licensing Bd., 881 So. 2d 98 (Fla. 1st DCA 2004)
- First Prof'ls Ins. Co., Inc. v. Healthmark OF Walton, Inc., 881 So. 2d 98 (Fla. 1st DCA 2004)