Florida Statutes
Fla. Stat. § 409.285 (2025)
Opportunity for hearing and appeal.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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409.285 Opportunity for hearing and appeal.—
(1) If an application for public assistance is not acted upon within a reasonable time after the filing of the application, or is denied in whole or in part, or if an assistance payment is modified or canceled, the applicant or recipient may appeal the decision to the Department of Children and Families in the manner and form prescribed by the department.
(a) The hearing authority may be the Secretary of Children and Families, a panel of department officials, or a hearing officer appointed for that purpose. The hearing authority is responsible for a final administrative decision in the name of the department on all issues that have been the subject of a hearing. With regard to the department, the decision of the hearing authority is final and binding. The department is responsible for seeing that the decision is carried out promptly.
(b) The department may adopt rules to administer this subsection. Rules for the Temporary Assistance for Needy Families block grant programs must be similar to the federal requirements for Medicaid programs.
(2) Appeals related to Medicaid programs directly administered by the Agency for Health Care Administration, including appeals related to Florida’s Statewide Medicaid Managed Care program and associated federal waivers, filed on or after March 1, 2017, must be directed to the agency in the manner and form prescribed by the agency. The department and the agency shall establish a transition process to transfer administration of these appeals from the department to the agency by March 1, 2017.
(a) The hearing authority for appeals heard by the Agency for Health Care Administration may be the Secretary of Health Care Administration, a panel of agency officials, or a hearing officer appointed for that purpose. The hearing authority is responsible for a final administrative decision in the name of the agency on all issues that have been the subject of a hearing. A decision of the hearing authority is final and binding on the agency. The agency is responsible for ensuring that the decision is promptly carried out.
(b) Notwithstanding ss. 120.569 and 120.57, hearings conducted by the Agency for Health Care Administration pursuant to this subsection are subject to federal regulations and requirements relating to Medicaid appeals, are exempt from the uniform rules of procedure under s. 120.54(5), and are not required to be conducted by an administrative law judge assigned by the Division of Administrative Hearings.
(c) The Agency for Health Care Administration shall seek federal approval necessary to implement this subsection and may adopt rules necessary to administer this subsection. Before such rules are adopted, the agency shall follow the rules applicable to the Medicaid hearings pursuant to subsection (1).
(3) Appeals related to Medicaid programs administered by the Agency for Persons with Disabilities are subject to s. 393.125.
History.—s. 1, ch. 69-268; ss. 19, 35, ch. 69-106; s. 1, ch. 70-255; s. 283, ch. 77-147; s. 1, ch. 77-174; s. 19, ch. 78-95; s. 120, ch. 97-101; s. 9, ch. 98-152; s. 189, ch. 2014-19; s. 4, ch. 2016-65.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1974–2025 · leading case: JM v. Florida Agency for Persons With Disabilities, 938 So. 2d 535 (Fla. 1st DCA 2006).
JM v. Florida Agency for Persons With Disabilities, 938 So. 2d 535 (Fla. 1st DCA 2006). “sought is precisely the kind of public assistance section 409.285 was designed to address. For example, section 409.”
Wade v. Florida Dep't of Child. & Families, 57 So. 3d 869 (Fla. 1st DCA 2011). “In response to our order to show cause on jurisdiction, Appellant contends that the hearing officer’s decision is final for purposes of judicial review because the rules adopted by the Department to implement the RTI Program incorporate the “fair hearing” process authorized by…”
Spencer v. Agency for Persons with Disabilities, 86 So. 3d 1250 (Fla. 1st DCA 2012). “125(1), Florida Statutes, was amended to require hearings in cases such as this to be conducted by DCF hearing officers pursuant to section 409.285, Florida Statutes. See ch.”
Newsome v. Agency for Persons with Disabilities, 76 So. 3d 972 (Fla. 1st DCA 2011). “125(l)(a), Florida Statutes, was amended to require the hearing in cases such as this to be provided by DCF pursuant to section 409.285, Florida Statutes. See ch.”
Thomas Saunders v. Florida Dept. of Child. & Families, 185 So. 3d 1298 (Fla. 1st DCA 2016). “Section 409.285, Florida Statutes (2014), expressly authorizes the Department’s hearing authority to hear appeals of decisions by the Department which limit or deny public assistance benefits, such as ICP benefits under the Medicaid program.”
Barlow v. Dep't of Health & Rehabilitative Servs., 512 So. 2d 1069 (Fla. 1st DCA 1987). “See Section 409.285, Florida Statutes; Section 10-2.”
Boone v. Div. of Fam. Servs., State Dep't of Health & Rehabilitative Servs., 297 So. 2d 594 (Fla. 1st DCA 1974). “The ruling in question was made pursuant to F.S. § 409.285, F.S.A., a statute requiring notice ánd a fair hearing.”
State, Dep't of Health & Rehabilitative Servs. v. Hatfield, 522 So. 2d 61 (Fla. 2d DCA 1988). “See § 409.285, Fla.Stat. (1979); 42 U.S.C. §§ 601-615 (1980).”
Newton v. Dep't of Health & Rehabilitative Servs., 598 So. 2d 1078 (Fla. 1st DCA 1992). “If the applicant disagrees with the initial determination made by the Department, section 409.285, Florida Statutes (1989), entitled “Opportunity for hearing and appeal” provides: (1) If an application for public assistance is not acted upon within a reasonable time after the…”
Ling v. Sec'y Florida Dep't of Child. & Families (N.D. Fla. 2025). “See Fla. Stat. §§ 409.285 (providing for a hearing if an application for public assistance is not acted on within a reasonable time or denied) & 120.”
Lassor v. Agency for Persons with Disabilities, 958 So. 2d 453 (Fla. 2d DCA 2007). “See § 409.285, Fla. Stat. (2005); Fla. Admin.”
Williamson v. Dep't of Health & Rehabilitative Servs., 603 So. 2d 592 (Fla. 2d DCA 1992). “When HRS denied the request, appellant requested an appeal hearing pursuant to Section 409.285, Florida Statutes (1989).”
— 409.285(1) — 2 cases
JM v. Florida Agency for Persons With Disabilities, 938 So. 2d 535 (Fla. 1st DCA 2006). “sought is precisely the kind of public assistance section 409.285 was designed to address. For example, section 409.”
Williamson v. Dep't of Health & Rehabilitative Servs., 603 So. 2d 592 (Fla. 2d DCA 1992). “When HRS denied the request, appellant requested an appeal hearing pursuant to Section 409.285, Florida Statutes (1989).”
— 409.285(2) — 2 cases
Wade v. Florida Dep't of Child. & Families, 57 So. 3d 869 (Fla. 1st DCA 2011). “In response to our order to show cause on jurisdiction, Appellant contends that the hearing officer’s decision is final for purposes of judicial review because the rules adopted by the Department to implement the RTI Program incorporate the “fair hearing” process authorized by…”
Thomas Saunders v. Florida Dept. of Child. & Families, 185 So. 3d 1298 (Fla. 1st DCA 2016). “Section 409.285, Florida Statutes (2014), expressly authorizes the Department’s hearing authority to hear appeals of decisions by the Department which limit or deny public assistance benefits, such as ICP benefits under the Medicaid program.”
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