TEDDY JOSEPH
v.
DEPT. OF REVENUE, CHILD SUPPORT ENFORCEMENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Teddy Joseph challenged an administrative child support order entered by the Department of Revenue under Florida Statutes section 409.2563. The Department conceded that it failed to provide Joseph proper notice by sending the proposed order to an incorrect address despite having his current address on file. The court reversed and remanded the case due to the Department's failure to comply with due process notice requirements.
The court reversed the Department's final administrative support order and remanded the case for an administrative hearing. The Department's failure to send notice to the correct address, when the correct address was known, violated due process requirements and rendered the support order invalid.
[1] An administrative agency that has actual knowledge of a party's correct mailing address but sends notice to an incorrect address fails to comply with constitutional due p…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We hold that where the City had actual knowledge of the correct mailing address . . . and failed to provide the notice of hearing to [the] correct address, it failed to comply with the due process requirements.”
Court citing Little v. D'Aloia to support reversal based on failure to use correct mailing address
The Department of Revenue initiated child support proceedings against Joseph and created a proposed support order specifying monthly child support obl…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Due Process Requirements cases and more on FLexlaw
PER CURIAM.
Teddy Joseph challenges the Department of Revenue’s administrative support order entered in a proceeding under section 409.2563, Florida Statutes (2018). This court has jurisdiction to review the Department’s order. See Fla. R. App. P. 9.030(b)(1)(C). Because the Department properly concedes error in providing Joseph proper notice, we reverse.
After initiating child support proceedings against Joseph, the Department created its proposed support order and sent it to Joseph at his previous address in Hialeah despite having his current address in Homestead on file. The proposed order listed Joseph’s monthly child support obligation amounts and indicated that if he disagreed with the listed amounts, he should request a hearing. See § 409.2563(5). The order further indicated that it would become final if Joseph failed to request a hearing or otherwise respond. See § 409.2563(7). The Department finalized the proposed order when Joseph failed to respond. See id.
On appeal, Joseph claims he did not receive the Department’s proposed order or final order. The Department concedes that the proposed order was sent to the incorrect address. See Little v. D’Aloia, 759 So. 2d 17, 20 (Fla. 2d DCA 2000) (“We hold that where the City had actual knowledge of the correct mailing address . . . and failed to provide the notice of hearing to [the] correct address, it failed to comply with the due process requirements.”). Therefore, we order that the Department’s final administrative support order be vacated and remand the case for an administrative hearing.
Reversed and remanded. CONNER, KLINGENSMITH and KUNTZ, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.