The 2023 Florida Statutes (including Special Session C)

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.

F.S. 409.285 on Google Scholar

F.S. 409.285 on Casetext

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 from cite.case.law:

PARMLEY, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 254 So. 3d 594 (Fla. App. Ct. 2018)

. . . See §§ 120.80(7), 409.285(1), Fla. Stat. (2017) ; Fla. Admin. Code. R. 65-2.042 - .069. . . .

SAUNDERS, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 185 So. 3d 1298 (Fla. Dist. Ct. App. 2016)

. . . Section 409.285, Florida Statutes (2014), expressly authorizes the Department’s hearing authority to . . . public assistance benefits to a recipient, that individual may appeal the decision through a section 409.285 . . . Because section 409.285 expressly provides for hearings in appeals of the Department’s limitation or . . . Section 409.285(2) provides for the appointment of hearing officers to preside over challenges to the . . . Finally, based on the authority set forth in section 409.285, the Department’s hearing officer was authorized . . .

J. W. c o v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 178 So. 3d 542 (Fla. Dist. Ct. App. 2015)

. . . See §§ 409.285, 409.902(1), Fla. Stat.; Fla. Admin. Code R. 65-2.042 et seq. . . .

SPENCER, Jr. v. AGENCY FOR PERSONS WITH DISABILITIES,, 86 So. 3d 1250 (Fla. Dist. Ct. App. 2012)

. . . require hearings in cases such as this to be conducted by DCF hearing officers pursuant to section 409.285 . . .

NEWSOME, v. AGENCY FOR PERSONS WITH DISABILITIES,, 76 So. 3d 972 (Fla. Dist. Ct. App. 2011)

. . . was amended to require the hearing in cases such as this to be provided by DCF pursuant to section 409.285 . . .

WADE, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 57 So. 3d 869 (Fla. Dist. Ct. App. 2011)

. . . Department to implement the RTI Program incorporate the “fair hearing” process authorized by section 409.285 . . . Although the' Department’s rules and section 409.285(2) may contemplate the hearing officer making the . . .

LASSOR, v. AGENCY FOR PERSONS WITH DISABILITIES,, 958 So. 2d 453 (Fla. Dist. Ct. App. 2007)

. . . See § 409.285, Fla. Stat. (2005); Fla. Admin. Code R. 65-2.042, 65-2.44. That is not the case here. . . .

J. M. v. FLORIDA AGENCY FOR PERSONS WITH DISABILITIES,, 938 So. 2d 535 (Fla. Dist. Ct. App. 2006)

. . . In the case at bar J.M. availed himself of the procedure supplied in both sections 393.065 and 409.285 . . . assistance “is denied in whole or in part, or if an assistance payment is modified or canceled.” § 409.285 . . . resumption in developmental service J.M. sought is precisely the kind of public assistance section 409.285 . . . 120.57 proceeding, accorded by sections 393.065 and 393.125, or a fair hearing as authorized by section 409.285 . . .

WILLIAMSON, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 603 So. 2d 592 (Fla. Dist. Ct. App. 1992)

. . . When HRS denied the request, appellant requested an appeal hearing pursuant to Section 409.285, Florida . . . Section 409.285(1) provides: If an application for public assistance is not acted upon within a reasonable . . .

R. NEWTON, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 598 So. 2d 1078 (Fla. Dist. Ct. App. 1992)

. . . If the applicant disagrees with the initial determination made by the Department, section 409.285, Florida . . . Rule 1008.019, Florida Administrative Code, implements section 409.285 by providing in pertinent part . . .

ENRIQUEZ, v. MIAMI ELEVATOR COMPANY,, 50 Fla. Supp. 2d 148 (Fla. Cir. Ct. 1991)

. . . See, e.g., §§ 120.57(l)(a)4 and 409.285, Fla. Stat. (1989); Fla. Admin. . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. J. HATFIELD,, 522 So. 2d 61 (Fla. Dist. Ct. App. 1988)

. . . See § 409.285, Fla.Stat. (1979); 42 U.S.C. §§ 601-615 (1980). . . .

BARLOW, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 512 So. 2d 1069 (Fla. Dist. Ct. App. 1987)

. . . See Section 409.285, Florida Statutes; Section 10-2.066(1), Florida Administrative Code. . . . .

CALHOUN, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, DIVISION OF FAMILY SERVICES,, 298 So. 2d 475 (Fla. Dist. Ct. App. 1974)

. . . The practice in situations of this character is pointed up by See. 409.285(1) (2), F.S.A.: “If ... an . . .

E. BOONE, v. DIVISION OF FAMILY SERVICES, STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 297 So. 2d 594 (Fla. Dist. Ct. App. 1974)

. . . . § 409.285, F.S.A., a statute requiring notice ánd a fair hearing. . . .

SMALL, v. HUDSON, P. A., 322 F. Supp. 519 (M.D. Fla. 1970)

. . . See Sections 409.015(1), 409.285 (2), Florida Statutes, F.S.A. and Chapter 69-106 § 19(15), Laws of Florida . . .

JACKSON, v. DEPARTMENT OF PUBLIC WELFARE OF STATE OF FLORIDA, S. P., 317 F. Supp. 1151 (M.D. Fla. 1970)

. . . Sec. 409.285(2), Florida Statutes, F.S.A.; Chapter 69-106 § 19(15), Laws of Florida 1969. . . .