Florida Statute 409.2567 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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 Citing Statute 409.2567

Total Results: 20

State of Florida, Dept. of Revenue etc. v. Carlton Hasani Kerr

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-08T00:00:00-08:00

Citation: 155 So. 3d 1262

Snippet: generally §§ 409.2551,409.2561, 409.2564, 409.2567, Fla. Stat. (2014). Additionally, DOR has to pay

Department of Revenue v. Selles

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-10T00:00:00-08:00

Citation: 47 So. 3d 916, 2010 Fla. App. LEXIS 17143

Snippet: public assistance, as provided by ss. 409.2561 and 409.2567; 2. A former recipient of public assistance, as…who has applied for services as provided by s. 409.2567; 4. Itself or the child, as provided by s. 409.2561…between DOR and the child support obligee. See § 409.2567(2), Fla. Stat. (2009). It is conceivable that

Florida Department of Revenue v. Collingwood

Court: Fla. Dist. Ct. App. | Date Filed: 2010-09-16T00:00:00-07:00

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

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 2001-12-28T00:00:00-08:00

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

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 1999-12-10T00:00:00-08:00

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

Snippet: denied the discovery request, citing sections 409.2567 and 409.2564(1), Florida Statutes (1997), and … had been filed with DOR for services. Section 409.2567 provides: All child support services provided

Alvarez v. Florida Department of Revenue

Court: Fla. Dist. Ct. App. | Date Filed: 1999-11-03T00:00:00-08:00

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

Snippet: that such fees are not recoverable. As section 409.2567, Florida Statutes (1999), specifically provides…obligor’s ability to pay such costs and fees. § 409.2567, Fla. Stat. (1999) [emphasis supplied]. See Department

Denby v. Department of Revenue ex rel. Denby

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-03T00:00:00-08:00

Citation: 685 So. 2d 982, 1997 WL 1680

Snippet: all administrative costs. See §§ 409.2554(1), 409.2567, Fla. Stat. (1995). There is no doubt that the

Florida Department of Revenue ex rel. Barranco v. Barranco

Court: Fla. Dist. Ct. App. | Date Filed: 1996-05-15T00:00:00-07:00

Citation: 673 So. 2d 923, 1996 Fla. App. LEXIS 4762, 1996 WL 252257

Snippet: fees in determining the right to an award. §§ 409.2567 and 409.2554(11), Fla.Stat. (Supp.1994). Ability

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

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-23T00:00:00-07:00

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

Snippet: obli-gor’s ability to pay such costs and fees. § 409.2567, Fla.Stat. (Supp.1994) (emphasis added); see also…against a nonprevailing obligor, not an obligee. § 409.2567, Fla.Stat. (Supp.1994); see Department of Health… nonprevailing obligor’s ability to pay. Id. § 409.2567. The agency and the mother concede in essence

Gurell v. Starr

Court: Fla. Dist. Ct. App. | Date Filed: 1994-08-05T00:00:00-07:00

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

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

State, Department of Health & Rehabilitative Services v. Roscoe

Court: Fla. Dist. Ct. App. | Date Filed: 1994-01-20T00:00:00-08:00

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

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

Womack v. Young

Court: Fla. Dist. Ct. App. | Date Filed: 1993-12-10T00:00:00-08:00

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

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

Neale v. Balcerak

Court: Fla. Dist. Ct. App. | Date Filed: 1993-12-10T00:00:00-08:00

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

Snippet: in section 409.2554, Florida Statutes. Section 409.2567, Florida Statutes, unambiguously provides that

Moore v. Moore

Court: Fla. Dist. Ct. App. | Date Filed: 1992-08-05T00:00:00-07:00

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

Snippet: fees in this action brought pursuant to section 409.2567, Florida Statutes (1989). Reversed. RYDER, A.C.J

Department of Health & Rehabilitative Services v. Prince

Court: Fla. Dist. Ct. App. | Date Filed: 1992-06-05T00:00:00-07:00

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

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 1992-03-27T00:00:00-08:00

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

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

Thaysen v. Thaysen

Court: Fla. | Date Filed: 1991-07-03T00:53:00-07:00

Citation: 583 So. 2d 663

Snippet: interpreted section 409.2567, Florida Statutes (1987),[5] which now reads: 409.2567 Services to individuals…their parents. Our reading of the statute [section 409.2567] assumes its application will conform to the congressional…state attorney raised the applicability of section 409.2567, both the trial court and the district court ignored…that section in making their decisions. Section 409.2567, however, is an integral part of the state'…the federal government and by enacting section 409.2567, meant that public attorneys can be used in all

State, Department of Health & Rehabilitative Services v. Harris

Court: Fla. Dist. Ct. App. | Date Filed: 1991-02-22T00:00:00-08:00

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

Snippet: concept of support enforcement as used in section 409.2567, as referring to a noncustodial parent’s general…Wilkinson both construed the 1987 version of section 409.-2567, Florida Statutes: Services to individuals not…especially taking into account the amendment to section 409.2567, we are inclined to follow Wilkinson’s construction

State, Department of Health & Rehabilitative Services v. Nadeau

Court: Fla. Dist. Ct. App. | Date Filed: 1991-02-06T00:00:00-08:00

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

Snippet: provisions of chapter 409, Florida Statutes. Section 409.2567 provides: All support and paternity determination…the lower court proceedings pursuant to section 409.2567, see State, Department of Health and Rehabilitative

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

Court: Fla. Dist. Ct. App. | Date Filed: 1991-01-16T00:00:00-08:00

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

Snippet: in payment of support. HRS’ reliance on section 409.2567, Florida Statutes (1989), as its authority to