KAHELE DANTE BUTLER
v.
DEPARTMENT OF REVENUE
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When a parent timely opts out of the administrative process for establishing child support within ten days of receiving the Department of Revenue's petition, the administrative proceeding must be terminated without prejudice and the matter transferred to circuit court.
[1] When a parent timely elects judicial review of a child support establishment proceeding by signing and returning a waiver of service form within ten days of receiving the…
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“if the parent from whom support is being sought signs and returns a waiver of service form to DOR within ten days of receipt of DOR's petition, DOR "shall terminate the administrative proceeding without prejudice and proceed in circuit court"”
Florida Statute 409.2563(4)(n)4.
Kahele Dante Butler received a Notice of Proceeding to Establish Administrative Support and timely waived his right to administrative proceedings by s…
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PER CURIAM.
Kahele Dante Butler seeks review of the Final Administrative Support Order establishing his child support obligation. He asserts that his due process rights were violated when the cause proceeded through administrative channels rather than in circuit court as he had timely requested.
The Department of Revenue (“DOR”) has filed a Notice of Confession of Error, conceding that the cause was improperly before the administrative law judge inasmuch as Butler had timely opted for judicial review. See § 409.2563(4)(n)4., Fla. Stat. (2023) (providing that if the parent from whom support is being sought signs and returns a waiver of service form to DOR within ten days of receipt of DOR’s petition, DOR “shall terminate the administrative proceeding without prejudice and proceed in circuit court”). DOR admits that Butler had timely opted out of the administrative proceeding after receipt of DOR’s Notice of Proceeding to Establish Administrative Support and explains that, through error, the case proceeded “on the administrative route” and was referred to the Department of Administrative Hearings.
Given the facts presented, DOR’s Confession of Error is well-taken and accepted. We thus vacate the Final Administrative Support Order and remand for further proceedings.
REVERSED and REMANDED for further proceedings.
WOZNIAK, MIZE and BROWNLEE, JJ., concur.
Kahele Dante Butler, Kissimmee, pro se.
John M. Guard, Acting Attorney General, Tallahassee, and Sarah C. Prieto, Assistant Attorney General, Fort Lauderdale, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED
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