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Florida Statute 409.2567 | Lawyer Caselaw & Research
F.S. 409.2567 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 409.2567

The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE
Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE
View Entire Chapter
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.

F.S. 409.2567 on Google Scholar

F.S. 409.2567 on Casetext

Amendments to 409.2567


Arrestable Offenses / Crimes under Fla. Stat. 409.2567
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 409.2567.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA DEPARTMENT OF REVENUE HAYE, v. KERR,, 155 So. 3d 1262 (Fla. Dist. Ct. App. 2015)

. . . See generally §§ 409.2551,409.2561, 409.2564, 409.2567, Fla. Stat. (2014). . . .

DEPARTMENT OF REVENUE, R. SMITH, v. SELLES,, 47 So. 3d 916 (Fla. Dist. Ct. App. 2010)

. . . An applicant or recipient of public assistance, as provided by ss. 409.2561 and 409.2567; 2. . . . An individual who has applied for services as provided by s. 409.2567; 4. . . . See § 409.2567(2), Fla. Stat. (2009). . . .

FLORIDA DEPARTMENT OF REVENUE, v. R. COLLINGWOOD, 43 So. 3d 952 (Fla. Dist. Ct. App. 2010)

. . . case, an attorney-client relationship exists only between the department and its program attorney); § 409.2567 . . .

FLORIDA DEPARTMENT OF REVENUE L. TROUTMAN, v. K. TROUTMAN,, 805 So. 2d 56 (Fla. Dist. Ct. App. 2001)

. . . See also § 409.2567, Fla. Stat. . . .

B. LIEBERT, v. STATE DEPARTMENT OF REVENUE R. LIEBERT,, 748 So. 2d 344 (Fla. Dist. Ct. App. 1999)

. . . The child support hearing officer denied the discovery request, citing sections 409.2567 and 409.2564 . . . Section 409.2567 provides: All child support services provided by the department shall be made available . . .

ALVAREZ, v. FLORIDA DEPARTMENT OF REVENUE,, 744 So. 2d 1192 (Fla. Dist. Ct. App. 1999)

. . . As section 409.2567, Florida Statutes (1999), specifically provides, the order was entirely correct: . . . the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees. § 409.2567 . . .

DENBY, v. DEPARTMENT OF REVENUE DENBY,, 685 So. 2d 982 (Fla. Dist. Ct. App. 1997)

. . . See §§ 409.2554(1), 409.2567, Fla. Stat. (1995). . . .

FLORIDA DEPARTMENT OF REVENUE BARRANCO, v. BARRANCO, Jr., 673 So. 2d 923 (Fla. Dist. Ct. App. 1996)

. . . . §§ 409.2567 and 409.2554(11), Fla.Stat. (Supp.1994). . . .

STATE DEPARTMENT OF REVENUE, ATHERLEY, By R. AVERHOFF, v. J. ATHERLEY,, 659 So. 2d 469 (Fla. Dist. Ct. App. 1995)

. . . . § 409.2567, Fla.Stat. (Supp.1994) (emphasis added); see also § 742.045, Fla.Stat. (1993). . . . . § 409.2567, Fla.Stat. (Supp.1994); see Department of Health & Rehabilitative Servs, v. . . . Id. § 409.2567. . . .

GURELL, v. STARR, 640 So. 2d 228 (Fla. Dist. Ct. App. 1994)

. . . . § 409.2567, Fla.Stat. (1991). . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES v. D. ROSCOE,, 629 So. 2d 1111 (Fla. Dist. Ct. App. 1994)

. . . See also § 409.2567, Fla.Stat. . . .

R. NEALE v. H. BALCERAK,, 627 So. 2d 1310 (Fla. Dist. Ct. App. 1993)

. . . Section 409.2567, Florida Statutes, unambiguously provides that “the obligor is responsible for all administrative . . .

MOORE v. K. MOORE, n k a K., 602 So. 2d 691 (Fla. Dist. Ct. App. 1992)

. . . the order requiring HRS to pay the prevailing party’s fees in this action brought pursuant to section 409.2567 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. PRINCE,, 601 So. 2d 588 (Fla. Dist. Ct. App. 1992)

. . . father is likewise not bound and is entitled to have HRS proceed under section 409.2561 (or section 409.2567 . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, CRAFT, v. CRAFT, Jr., 596 So. 2d 503 (Fla. Dist. Ct. App. 1992)

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

THAYSEN, v. J. THAYSEN,, 583 So. 2d 663 (Fla. 1991)

. . . Our reading of the statute [section 409.2567] assumes its application will conform to the congressional . . . Wilkinson interpreted section 409.2567, Florida Statutes (1987), which now reads: 409.2567 Services to . . . Although the state attorney raised the applicability of section 409.2567, both the trial court and the . . . Section 409.2567, however, is an integral part of the state’s child support program. . . . the legislature, by entering into an agreement with the federal government and by enacting section 409.2567 . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES E. v. G. HARRIS,, 575 So. 2d 726 (Fla. Dist. Ct. App. 1991)

. . . 1989), which they assert “broadly interprets the concept of support enforcement as used in section 409.2567 . . . pertinent sections of chapter 409 in pari materia, especially taking into account the amendment to section 409.2567 . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. NADEAU,, 574 So. 2d 1172 (Fla. Dist. Ct. App. 1991)

. . . Section 409.2567 provides: All support and paternity determination services provided by the department . . . Saba-tino in the lower court proceedings pursuant to section 409.2567, see State, Department of Health . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, BRANCHAUD, v. L. BRANCHAUD,, 574 So. 2d 185 (Fla. Dist. Ct. App. 1991)

. . . HRS’ reliance on section 409.2567, Florida Statutes (1989), as its authority to represent Ms. . . . In further support of this construction is the amendment to section 409.2567, Florida Statutes (1987) . . . that the review would encompass an analysis of the issues in light of the 1988 amendment to section 409.2567 . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES G. v. SAVAGE, Jr., 570 So. 2d 1089 (Fla. Dist. Ct. App. 1990)

. . . Section 409.2567 provides in pertinent part (emphasis added): All support and paternity determination . . . The court found section 409.2567 constitutional, citing the statute’s purpose to maintain children “from . . . federal aid to families with dependent children (AFDC) funds, and that the pertinent language of section 409.2567 . . . behalf of a former wife in an action to collect child support arrearages, observing: Since section 409.2567 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. P. MASSEY,, 568 So. 2d 1343 (Fla. Dist. Ct. App. 1990)

. . . 552 So.2d 348 (Fla. 5th DCA 1989) which held that the term “support enforcement” as used in section 409.2567 . . . It appears from a reading of Wilkinson that while the panel interpreted the language of 409.2567, it . . .

DENNIS, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 566 So. 2d 1374 (Fla. Dist. Ct. App. 1990)

. . . of Health and Rehabilitative Services (HRS) of the State of Florida instituted action under section 409.2567 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. BLUE,, 564 So. 2d 243 (Fla. Dist. Ct. App. 1990)

. . . The first sentence of section 409.2567, Florida Statutes (1987), reads: “All support enforcement and . . . This court broadly interpreted section 409.2567 to permit H.R.S. to proceed on behalf of a wife, who . . . Since section 409.2567 provides that all H.R.S. support enforcement services shall be made available . . . We think that section 409.2567 requires H.R.S. to do as much for Florida children. . . .

D. WILKINSON, v. L. COGGIN,, 552 So. 2d 348 (Fla. Dist. Ct. App. 1989)

. . . expressly authorizes HRS to apply for modification of a court order on behalf of AFDC clients, section 409.2567 . . . The present controversy arises from the meaning of the term “support enforcement” as used in section 409.2567 . . . Section 409.2567, Florida Statutes (1987) provides: 409.2567 Services to individuals not otherwise eligible . . . This argument is without merit, however, section 409.2567 expressly authorizes HRS to recover its costs . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. T. JOHNSON, Jr., 504 So. 2d 423 (Fla. Dist. Ct. App. 1987)

. . . public assistance or by applying to HRS for support enforcement services as permitted under section 409.2567 . . . Secondly, there is simply nothing in Chapter 88 that would imply that the statement in Sec. 409.2567 . . .

In J. S. a DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. SIMS,, 444 So. 2d 1148 (Fla. Dist. Ct. App. 1984)

. . . and ordered the child support enforcement unit of HRS to assist the mother as provided under section 409.2567 . . . Section 409.2567, Florida Statutes (1981), provides: All child support collection and paternity determination . . . Whether the statutory duty provided by section 409.2567 can be enforced by judicial proceeding, such . . . the juvenile court did not have authority to summarily order HRS to render assistance under section 409.2567 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES v. HEFFLER,, 382 So. 2d 301 (Fla. 1980)

. . . Department of Health and Rehabilitative Services (HRS) appeals a circuit court ruling that section 409.2567 . . . Section 409.2567 allows HRS to provide child support collection and paternity determination services . . . Section 409.2567 meets this test. . . . Section 409.2567 supports this purpose by allowing the identification of responsible parents and the . . . We find that section 409.2567 suffers from no constitutional defect. . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. M. ALPER,, 375 So. 2d 571 (Fla. Dist. Ct. App. 1979)

. . . I would hold that Section 409.2567 Florida Statutes (1977) did give the Department of Health and Rehabilitative . . . I further find the amendment to Section 409.2567, which became effective July 1, 1978, supports the trial . . . At the time the guardian ad litem filed his motion to prohibit recoupment of costs, Section 409.2567, . . . Florida Statutes (1977), provided: 409.2567. . . . while the guardian ad litem’s motion was under consideration, and unknown to the trial court, Section 409.2567 . . . , Florida Statutes (Supp.1978), became effective July 1, 1978, and provided: 409.2567. . . .