Kelvin Samuel Richards v. State of Florida Department of Revenue Child Support Program and Saprell N. Frazier
CourtDistrict Court of Appeal of Florida
Date FiledJune 10, 2020
Docket3D19-0653
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed June 10, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-0653
Lower Tribunal Nos. 2001298959, 13180026606FC
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Kelvin Samuel Richards,
Appellant,
vs.
State of Florida Department of Revenue Child Support Program
& Saprell N. Frazier,
Appellees.
An Appeal from the State of Florida Department of Revenue.
Kelvin Samuel Richards, in proper person.
Ashley Moody, Attorney General, and Toni C. Bernstein (Tallahassee),
Senior Assistant Attorney General, for appellee Department of Revenue.
Before EMAS, C.J., and SALTER, and LINDSEY, JJ.
PER CURIAM.
Appellant Kelvin Samuel Richards appeals a final administrative support
order rendered by the Department of Revenue. We affirm.
The mother of Appellant’s child requested Title IV-D child support services
from the Department of Revenue. The Department sent its Notice of Proceeding to
Establish Administrative Support Order to Appellant. A Financial Affidavit and
Parent Information Form was enclosed with the Notice. The Notice advised
Appellant that he was “required by law to fill out and sign” these forms no later than
20 days after receipt. The Department first sent the Notice to Appellant by certified
mail, return receipt requested. The signature on the return receipt was illegible. The
Department then requested service of process from the Miami Dade Police
Department. The police left a notice at Appellant’s address and Appellant picked
up the documents at the police department.
However, Appellant failed to complete and return any of the documents
provided with the Notice. Using available information, the Department completed
its Proposed Final Administrative Support Order and child support guidelines
worksheet. Appellant’s income was obtained from SUNTAX wage information.
His social security benefits were included in his income. The Proposed Order was
mailed to Appellant at his address of record. The Proposed Order advised Appellant
of his options in the event he disagreed with the Proposed Order. He could either
contact the Department for an informal discussion or file a written request for a
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hearing. The Proposed Order further advised Appellant that if he did neither, the
Department would issue the Proposed Order. Appellant exercised neither option.
The Final Administrative Support Order was rendered on March 26, 2019.
Appellant timely appealed.
Appellant failed to participate in the administrative proceedings because he
did not return the forms supplied to him by the Department, did not request his
financial information and any support paid, and he failed to request an administrative
hearing after notice of his right to do so. Consequently, Appellant has not preserved
any issue for appellate review. By waiving his right to a hearing, Appellant waived
his ability to challenge the sufficiency of the evidence supporting the Department’s
determination of his child support obligations. See § 409.2563(7)(b), Fla. Stat. (“If
the parent from whom support is being sought does not file a timely request for a
hearing, the parent will be deemed to have waived the right to request a hearing.”);
Standard v. State, Dep’t of Revenue, Child Support Enf’t Program, 249 So. 3d 798,
798-99 (Fla. 1st DCA 2018).
Accordingly, we are constrained to affirm the Final Administrative Support
Order.
Affirmed.
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