Florida Statute 409.285 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXX
SOCIAL WELFARE

Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE

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F.S. 409.285

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.

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Amendments to 409.285

Arrestable Offenses / Crimes under Fla. Stat. 409.285

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 409.285.

Annotations, Discussions, Cases:

Cases Citing Statute 409.285

Total Results: 14

STEVEN PARMLEY v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-22T00:53:00-07:00

Snippet: assistance program benefits. See §§ 120.80(7), 409.285(1), Fla. Stat. (2017); Fla. Admin. Code. R. 65

Thomas Saunders v. Florida Dept. of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-28T00:00:00-08:00

Citation: 185 So. 3d 1298, 2016 WL 764718

Snippet: for certain types of proceedings). Section 409.285, Florida Statutes (2014), expressly authorizes …individual may appeal the decision through a section 409.285 hearing — -where all of the rights under chapter…Admin. Code R. 65-2.042(4) (2014). Because section 409.285 expressly provides for hearings in appeals of the… hearing officer, whose decision under section 409.285(2) was the final decision of the Department, was…determining a party’s substantial interests. Section 409.285(2) provides for the appointment of hearing officers

J.W. v. Agency for Health Care Administration

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-13T00:00:00-08:00

Citation: 178 So. 3d 542, 2015 Fla. App. LEXIS 17061

Snippet: responsible for conducting fair hearings. See §§ 409.285, 409.902(1), Fla. Stat.; Fla. Admin. Code R. 65

Spencer v. Agency for Persons with Disabilities

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-04T00:00:00-07:00

Citation: 86 So. 3d 1250, 2012 WL 1559695, 2012 Fla. App. LEXIS 6995

Snippet: conducted by DCF hearing officers pursuant to section 409.285, Florida Statutes. See ch.2010-157, Laws of Fla

Newsome v. Agency for Persons with Disabilities

Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-22T00:00:00-08:00

Citation: 76 So. 3d 972, 2011 Fla. App. LEXIS 18596, 2011 WL 5842798

Snippet: this to be provided by DCF pursuant to section 409.285, Florida Statutes. See ch. 2010-157, Laws of Fla

Wade v. Florida Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2011-02-07T00:00:00-08:00

Citation: 57 So. 3d 869, 2011 Fla. App. LEXIS 1429, 2011 WL 362412

Snippet: the “fair hearing” process authorized by section 409.285(2), Florida Statutes, pursuant to which the hearing…Although the' Department’s rules and section 409.285(2) may contemplate the hearing officer making the

Lassor v. Agency for Persons with Disabilities

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-04T00:00:00-07:00

Citation: 958 So. 2d 453, 2007 Fla. App. LEXIS 6786, 2007 WL 1296350

Snippet: payment has been modified or cancelled. See § 409.285, Fla. Stat. (2005); Fla. Admin. Code R. 65-2.042

JM v. Florida Agency for Persons With Disabilities

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-08T00:53:00-07:00

Citation: 938 So. 2d 535

Snippet: procedure supplied in both sections 393.065 and 409.285, Florida Statutes (2005). The latter, part of chapter…assistance payment is modified or canceled." § 409.285(1). It appears that the resumption in developmental…precisely the kind of public assistance section 409.285 was designed to address. For example, section 409.905…393.125, or a fair hearing as authorized by section 409.285. Although it may be unclear whether the legislature

Williamson v. Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1992-07-17T00:00:00-07:00

Citation: 603 So. 2d 592, 1992 Fla. App. LEXIS 7941, 1992 WL 164181

Snippet: requested an appeal hearing pursuant to Section 409.285, Florida Statutes (1989).1 At the hearing appellant…273.16®. SMITH and KAHN, JJ., concur. . Section 409.285(1) provides: If an application for public assistance

Newton v. Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1992-05-20T00:00:00-07:00

Citation: 598 So. 2d 1078, 1992 Fla. App. LEXIS 5508, 1992 WL 104620

Snippet: determination made by the Department, section 409.285, Florida Statutes (1989), entitled “Opportunity…Florida Administrative Code, implements section 409.285 by providing in pertinent part: (1) An individual

State, Department of Health & Rehabilitative Services v. Hatfield

Court: Fla. Dist. Ct. App. | Date Filed: 1988-02-12T00:00:00-08:00

Citation: 522 So. 2d 61, 13 Fla. L. Weekly 443, 1988 Fla. App. LEXIS 565

Snippet: with Dependent Children program (AFDC). See § 409.285, Fla.Stat. (1979); 42 U.S.C. §§ 601-615 (1980).

Barlow v. Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1987-09-10T00:00:00-07:00

Citation: 512 So. 2d 1069, 12 Fla. L. Weekly 2193, 1987 Fla. App. LEXIS 10226

Snippet: the final order of the Department. See Section 409.285, Florida Statutes; Section 10-2.066(1), Florida

Calhoun v. Department of Health & Rehabilitative Services, Division of Family Services

Court: Fla. Dist. Ct. App. | Date Filed: 1974-08-08T00:00:00-07:00

Citation: 298 So. 2d 475, 1974 Fla. App. LEXIS 8908

Snippet: situations of this character is pointed up by See. 409.285(1) (2), F.S.A.: “If ... an assistance payment is

Boone v. Division of Family Services, State Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1974-07-23T00:00:00-07:00

Citation: 297 So. 2d 594, 1974 Fla. App. LEXIS 6853

Snippet: ruling in question was made pursuant to F.S. § 409.285, F.S.A., a statute requiring notice ánd a fair