409.2567
Services to individuals not otherwise eligible.
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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.
Notes of Decisions
Cited in 26
cases, 1979–2010 · leading case: DEPT. OF HEALTH AND REHAB. SERV. v. Heffler
DEPT. OF HEALTH AND REHAB. SERV. v. Heffler (1980)
“The state Department of Health and Rehabilitative Services (HRS) appeals a circuit court ruling that section 409.2567, Florida Statutes (1977), is unconstitutional.”
Thaysen v. Thaysen (1991)
“Wilkinson interpreted section 409.2567, Florida Statutes (1987), [5] which now reads: 409.”
Wilkinson v. Coggin (1989)
“NOTES [1] Section 409.2567, Florida Statutes (1987) provides: 409.”
Department of Health & Rehabilitative Services v. Alper (1979)
“At the time the guardian ad litem filed his motion to prohibit recoupment of costs, Section 409.2567, Florida Statutes (1977), provided: 409.”
In Interest of Js (1984)
“At a later review hearing the juvenile judge, learning that HRS did not intend to seek reimbursement from the putative father, ordered the mother, as court appointed custodian of the child, to institute a paternity action against the putative father to establish his duty of…”
DEPT. OF HEALTH & REHAB. SERVS. v. Blue (1990)
“The first sentence of section 409.2567, Florida Statutes (1987), reads: "All support enforcement and paternity determination services provided by the Department shall be made available on behalf of all dependent children.”
State, Department of Revenue ex rel. Atherley v. Atherley (1995)
“§ 409.2567, Fla.Stat. (Supp.1994) (emphasis added); see also § 742.”
Dennis v. DEPT. OF HEALTH & REHAB. SERV. (1990)
“At the behest of the mother acting for the use and benefit of the child, the real party in interest, [2] the Department of Health and Rehabilitative Services (HRS) of the State of Florida instituted action under section 409.2567, Florida Statutes, against Robert to establish…”
State, Department of Health & Rehabilitative Services ex rel. Branchaud v. Branchaud (1991)
“The wife admitted that she did not receive Aid for Dependent Children (AFDC). There is no evidence that the children of the parties are dependent, or that the husband was delinquent in payment of support.”
STATE, DHRS v. Savage (1990)
“Section 409.2567 provides in pertinent part (emphasis added): All support and paternity determination services provided by the department shall be made available on behalf of all dependent children.”
Department of Revenue v. Selles (2010)
“See § 409.2567(2), Fla. Stat. (2009). It is conceivable that DOR, having acted on behalf of one parent in one proceeding, could represent the other parent, after the original proceedings terminated: There could be a change in custody or the other parent could seek assistance in…”
Department of Health & Rehabilitative Services v. Johnson (1987)
“§ 651 and Chapter 409, Florida Statutes, either by receiving public assistance or by applying to HRS for support enforcement services as permitted under section 409.2567, Florida Statutes (1986 Supp.”
— 409.2567(2) — 2 cases
Department of Revenue v. Selles (2010)
“See § 409.2567(2), Fla. Stat. (2009). It is conceivable that DOR, having acted on behalf of one parent in one proceeding, could represent the other parent, after the original proceedings terminated: There could be a change in custody or the other parent could seek assistance in…”
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