FLORIDA DEPARTMENT OF REVENUE, PETITIONER,
v.
JOHN GARRISON SEELEY AND SARAH ANN GILBRIDE, RESPONDENTS
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The Florida Department of Revenue petitioned for review of an Administrative Law Judge's order requiring it to begin child support downward modification proceedings while the ALJ retained jurisdiction over the case. The court held that an ALJ cannot reserve jurisdiction in a child support modification case while ordering DOR to commence proceedings, as doing so violates statutory restrictions on agency action and places parties in judicial limbo.
An ALJ cannot reserve jurisdiction in a child support modification case while ordering DOR to begin downward modification proceedings. When an ALJ determines a downward modification is appropriate, it must instruct DOR to commence modification proceedings without retaining jurisdiction, as DOR cannot take agency action while the ALJ maintains jurisdiction under Florida law.
[1] An administrative law judge improperly reserves jurisdiction over a case by ordering a referring agency to begin modification proceedings while retaining control over the…
[2] A referring agency cannot take further action in a proceeding under § 120.57(1), Florida Statutes, while the division has jurisdiction over the proceeding.
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Join FLexlaw to unlock all legal intelligence“The referring agency shall take no further action with respect to a proceeding under s. 120.57(1), except as a party litigant, as long as the division has jurisdiction over the proceeding under s. 120.57(1).”
Establishes the statutory prohibition preventing DOR from taking further action while the ALJ retains jurisdiction
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Join FLexlaw to unlock all legal intelligenceJohn Garrison Seeley requested that the Department of Revenue conduct a review of his child support payments pursuant to Florida law. DOR denied his r…
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This is a petition to review a non-final order rendered by an Administrative Law Judge (ALJ) requiring the Department of Revenue (DOR) to begin downward modification proceedings with respect to respondent John Garrison Seeley’s child support payments. We have jurisdiction pursuant to § 120.68(1), Florida Statutes, Florida Rules of Appellate Procedure 9.030(b)(1)(C) and 9.100(c)(3). Because the ALJ improperly reserved jurisdiction below, we grant the petition.
I.
Mr. Seeley requested that DOR conduct a review of his child support payments in accordance with § 409.2564(1l)(a), Florida Statutes. DOR conducted the review and denied Mr. Seeley’s request. Mr. Seeley then requested an administrative hearing.
The ALJ held a hearing and found that Mr. Seeley was entitled to a downward modification of his child support payments. The ALJ ordered DOR to begin modification proceedings, but reserved jurisdiction over the ease. DOR then petitioned this Court to review the ALJ’s order.
II.
DOR contends that it cannot comply with the ALJ’s order to begin downward modification proceedings because the ALJ has reserved jurisdiction over the case. We agree.
Section 120.569(2)(a), Florida Statutes, states in pertinent part, “The referring agency shall take no further action with respect to a proceeding under s. 120.57(1), except as a party litigant, as long as the division has jurisdiction over the proceeding under s. 120.57(1).” As such, DOR cannot begin downward modification proceedings while the ALJ retains jurisdiction because doing so would be improper pursuant to § 120.659(2)(a).
We have previously held:
When DOR determines no modification proceedings are justified, the only issue for the ALJ to decide is whether that determination is correct. Thus, an ALJ must conduct an evidentiary hearing and make findings as to whether it is appropriate to affirm DOR’s determination, or whether the obligor-parent is entitled to *976modification. If the latter, the ALJ should instruct DOR to commence modification proceedings based on the ALJ’s factual and legal findings.
Dep’t of Revenue v. Johnson, 177 So.3d 697, 699 (Fla. 1st DCA 2016).
In the instant case, the ALJ’s reservation of jurisdiction places the parties in “judicial limbo” because DOR cannot move forward with the downward modification proceedings. Id.
III.
In part it appears that the ALJ’s decision to reserve jurisdiction was to ensure that any proposed downward modification order from DOR will be retroactive to the time Mr. Seeley initially requested relief. Although we have held that an ALJ may retroactively modify an existing administrative child support order, we have not provided an exception allowing an ALJ to reserve jurisdiction in an administrative child support modification case while allowing DOR to institute downward modification proceedings. See Dep’t of Revenue v. Wolf, 164 So.3d 101 (Fla. 1st DCA 2016).
IV.
Therefore, we GRANT the petition and REVERSE and REMAND to the ALJ for further proceedings consistent with this opinion.
WETHERELL, RAY, and WINOKUR, JJ., concur.
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Citator
Authorities Cited
- Dep't OF Revenue v. Wolf, 164 So. 3d 101 (Fla. 1st DCA 2015)
- Dep't OF Revenue o/b/o Hanna May Rose Peterson v. Johnson, 177 So. 3d 697 (Fla. 1st DCA 2015)