Florida Statute 409.2567 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXX
SOCIAL WELFARE

Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE

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F.S. 409.2567

409.2567 Services to individuals not otherwise eligible.—

(1)(a) All support services provided by the department shall be made available on behalf of all dependent children. Services shall be provided upon acceptance of public assistance or upon proper application filed with the department. The federally required application fee for individuals who do not receive public assistance is $1, which shall be waived for all applicants and paid by the department. The annual fee required under 42 U.S.C. s. 654(6)(B), as amended by Pub. L. No. 115-123, for cases involving an individual who has never received temporary cash assistance and for whom the department has collected the federally required minimum amount of support shall be paid by the department.

(b) The department may include confidential and exempt information in unencrypted electronic mail communications with a parent, a caregiver, or any other person who is authorized to receive the information, provided the parent, caregiver, or other person consents to such communications, except that social security numbers, federal tax information, driver license numbers, and bank account numbers may not be provided in this manner.

(2) An attorney-client relationship exists only between the department and the legal services providers in Title IV-D cases. The attorney shall advise the obligee in Title IV-D cases that the attorney represents the agency and not the obligee.

(3) All administrative costs shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees. In any case where the court does not award all costs, the court shall state in the record its reasons for not awarding the costs. The court shall order payment of costs without requiring the department to have a member of the bar testify or submit an affidavit as to the reasonableness of the costs.

(4) The Department of Revenue shall not be considered a party for purposes of this section; however, fees may be assessed against the department pursuant to s. 57.105(1).

(5) The Department of Revenue may seek a waiver from the Secretary of the United States Department of Health and Human Services to authorize the Department of Revenue to provide services in accordance with Title IV-D of the Social Security Act to individuals who are owed support without need of an application. The department may seek a waiver if it determines that the estimated increase in federal funding to the state derived from the waiver would exceed any additional cost to the state if the waiver is granted. If the waiver is granted, the Department of Revenue shall adopt rules to implement the waiver and begin providing Title IV-D services if support payments are not being paid as ordered, except that the individual first must be given written notice of the right to refuse Title IV-D services and a reasonable opportunity to respond.

History.—s. 6, ch. 76-220; s. 1, ch. 77-174; s. 13, ch. 78-433; s. 3, ch. 82-140; s. 144, ch. 86-220; s. 17, ch. 87-95; s. 12, ch. 88-176; s. 22, ch. 92-138; s. 16, ch. 93-208; s. 7, ch. 94-124; s. 7, ch. 94-318; s. 41, ch. 96-175; s. 47, ch. 96-418; s. 53, ch. 97-170; s. 27, ch. 98-397; s. 38, ch. 2001-158; ss. 31, 32, ch. 2005-39; s. 10, ch. 2005-82; s. 6, ch. 2007-85; s. 11, ch. 2010-187; s. 1, ch. 2019-161; s. 9, ch. 2021-103.

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F.S. 409.2567 on CourtListener

Amendments to 409.2567

Annotations, Discussions, Cases:

Cases Citing Statute 409.2567

Total Results: 26

DEPT. OF HEALTH AND REHAB. SERV. v. Heffler

382 So. 2d 301

Supreme Court of Florida | Filed: Mar 27, 1980 | Docket: 1255044

Cited 8 times | Published

(HRS) appeals a circuit court ruling that section 409.2567, Florida Statutes (1977), is unconstitutional

Dennis v. DEPT. OF HEALTH & REHAB. SERV.

566 So. 2d 1374, 1990 WL 134770

District Court of Appeal of Florida | Filed: Sep 20, 1990 | Docket: 547642

Cited 6 times | Published

the State of Florida instituted action under section 409.2567, Florida Statutes, against Robert to establish

Thaysen v. Thaysen

583 So. 2d 663, 1991 WL 117534

Supreme Court of Florida | Filed: Jul 3, 1991 | Docket: 1284402

Cited 3 times | Published

their parents. Our reading of the statute [section 409.2567] assumes its application will conform to the

DEPT. OF HEALTH & REHAB. SERVS. v. Blue

564 So. 2d 243, 1990 WL 98753

District Court of Appeal of Florida | Filed: Jul 19, 1990 | Docket: 1294190

Cited 3 times | Published

support. We reverse. The first sentence of section 409.2567, Florida Statutes (1987), reads: "All support

Wilkinson v. Coggin

552 So. 2d 348, 1989 WL 139522

District Court of Appeal of Florida | Filed: Nov 22, 1989 | Docket: 1663752

Cited 3 times | Published

appeal followed. The former wife urges that Section 409.2567,[1] Florida Statutes (1987), mandates HRS

Department of Revenue v. Selles

47 So. 3d 916, 2010 Fla. App. LEXIS 17143, 2010 WL 4483712

District Court of Appeal of Florida | Filed: Nov 10, 2010 | Docket: 2401772

Cited 1 times | Published

between DOR and the child support obligee. See § 409.2567(2), Fla. Stat. (2009). It is conceivable that

In Interest of Js

444 So. 2d 1148

District Court of Appeal of Florida | Filed: Feb 9, 1984 | Docket: 1510632

Cited 1 times | Published

HRS to assist the mother as provided under section 409.2567, Florida Statutes (1981). HRS appeals the

Florida Department of Revenue v. Collingwood

43 So. 3d 952, 2010 Fla. App. LEXIS 13723, 2010 WL 3583985

District Court of Appeal of Florida | Filed: Sep 16, 2010 | Docket: 2399989

Published

between the department and its program attorney); § 409-2567(2), Fla. Stat. (2010) (provides that in cases

Florida Department of Revenue ex rel. Troutman v. Troutman

805 So. 2d 56, 2001 Fla. App. LEXIS 18513, 2001 WL 1744275

District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 64811754

Published

against the nonprevailing obli-gor....” See also § 409.2567, Fla. Stat. (Supp.1998) (“costs ... shall be

Liebert v. State, Department of Revenue ex rel. Liebert

748 So. 2d 344, 1999 Fla. App. LEXIS 16633, 1999 WL 1127719

District Court of Appeal of Florida | Filed: Dec 10, 1999 | Docket: 64793816

Published

application had been filed with DOR for services. Section 409.2567 provides: All child support services provided

Alvarez v. Florida Department of Revenue

744 So. 2d 1192, 1999 Fla. App. LEXIS 14614, 1999 WL 993068

District Court of Appeal of Florida | Filed: Nov 3, 1999 | Docket: 64792221

Published

held that such fees are not recoverable. As section 409.2567, Florida Statutes (1999), specifically provides

State, Department of Revenue ex rel. Atherley v. Atherley

659 So. 2d 469, 1995 Fla. App. LEXIS 8891, 1995 WL 497120

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 64758368

Published

obli-gor’s ability to pay such costs and fees. § 409.2567, Fla.Stat. (Supp.1994) (emphasis added); see

Gurell v. Starr

640 So. 2d 228, 1994 Fla. App. LEXIS 7753, 1994 WL 406148

District Court of Appeal of Florida | Filed: Aug 5, 1994 | Docket: 64749924

Published

“administrative costs,” assuming a present ability to pay. § 409.2567, Fla.Stat. (1991). “Administrative costs,” in

State, Department of Health & Rehabilitative Services v. Roscoe

629 So. 2d 1111, 1994 Fla. App. LEXIS 173, 1994 WL 11632

District Court of Appeal of Florida | Filed: Jan 20, 1994 | Docket: 64745452

Published

(with payment of an application fee). See also § 409.2567, Fla.Stat. Insofar as this is a Title IV-D obligation

Womack v. Young

627 So. 2d 1304, 1993 Fla. App. LEXIS 12147, 1993 WL 504486

District Court of Appeal of Florida | Filed: Dec 10, 1993 | Docket: 64744675

Published

(Fla. 1st DCA 1990). As to the second issue, section 409.-2567, Florida Statutes, unambiguously provides

Neale v. Balcerak

627 So. 2d 1310, 1993 Fla. App. LEXIS 12168, 1993 WL 504498

District Court of Appeal of Florida | Filed: Dec 10, 1993 | Docket: 64744679

Published

defined in section 409.2554, Florida Statutes. Section 409.2567, Florida Statutes, unambiguously provides

Moore v. Moore

602 So. 2d 691, 1992 Fla. App. LEXIS 8976, 1992 WL 187236

District Court of Appeal of Florida | Filed: Aug 5, 1992 | Docket: 64669018

Published

party’s fees in this action brought pursuant to section 409.2567, Florida Statutes (1989). Reversed. RYDER

Department of Health & Rehabilitative Services v. Prince

601 So. 2d 588, 1992 Fla. App. LEXIS 5823, 1992 WL 118453

District Court of Appeal of Florida | Filed: Jun 5, 1992 | Docket: 64668660

Published

have HRS proceed under section 409.2561 (or section 409.2567, Florida Statutes), against the mother to

State, Department of Health & Rehabilitative Services ex rel. Craft v. Craft

596 So. 2d 503, 1992 Fla. App. LEXIS 3321, 1992 WL 60032

District Court of Appeal of Florida | Filed: Mar 27, 1992 | Docket: 64666382

Published

former wife, contracted with HRS pursuant to section 409.2567, Florida Statutes (1989), to represent her

State, Department of Health & Rehabilitative Services v. Harris

575 So. 2d 726, 1991 Fla. App. LEXIS 1712, 1991 WL 27186

District Court of Appeal of Florida | Filed: Feb 22, 1991 | Docket: 64656858

Published

concept of support enforcement as used in section 409.2567, as referring to a noncustodial parent’s general

State, Department of Health & Rehabilitative Services v. Nadeau

574 So. 2d 1172, 1991 Fla. App. LEXIS 924, 1991 WL 15005

District Court of Appeal of Florida | Filed: Feb 6, 1991 | Docket: 64656498

Published

provisions of chapter 409, Florida Statutes. Section 409.2567 provides: All support and paternity determination

State, Department of Health & Rehabilitative Services ex rel. Branchaud v. Branchaud

574 So. 2d 185, 1991 Fla. App. LEXIS 207, 1991 WL 2789

District Court of Appeal of Florida | Filed: Jan 16, 1991 | Docket: 64656309

Published

support of this construction is the amendment to section 409.2567, Florida Statutes (1987) in 1988. Formerly

STATE, DHRS v. Savage

570 So. 2d 1089

District Court of Appeal of Florida | Filed: Dec 4, 1990 | Docket: 1704053

Published

accrued under an existing order of support. Section 409.2567 provides in pertinent part (emphasis added):

Department of Health & Rehabilitative Services v. Massey

568 So. 2d 1343, 1990 Fla. App. LEXIS 8360, 1990 WL 165354

District Court of Appeal of Florida | Filed: Nov 1, 1990 | Docket: 64654173

Published

the term “support enforcement” as used in section 409.2567 means more than merely enforcing a support

Department of Health & Rehabilitative Services v. Johnson

504 So. 2d 423, 12 Fla. L. Weekly 489, 1987 Fla. App. LEXIS 6697

District Court of Appeal of Florida | Filed: Feb 12, 1987 | Docket: 64625982

Published

support enforcement services as permitted under section 409.2567, Florida Statutes (1986 Supp.). HRS also claims

Department of Health & Rehabilitative Services v. Alper

375 So. 2d 571, 1979 Fla. App. LEXIS 15847

District Court of Appeal of Florida | Filed: Mar 14, 1979 | Docket: 64572122

Published

and dissenting in part. I would hold that Section 409.2567 Florida Statutes (1977) did give the Department