WHATLEY v. DEPARTMENT OF REVENUE CHILD SUPPORT PROGRAM (2026)

ON CONCESSION OF ERROR

Appellant Eddie Whatley appeals a final administrative paternity and support order rendered by the Appellee Department of Revenue. Whatley timely contested the proposed order and requested an administrative hearing. See § 409.256(4), Fla. Stat. (2025); § 409.2563(4), Fla. Stat. (2025). But the Department did not process the request and the matter was not referred to the Division of Administrative Hearings. As a result, a final order was entered without providing Whatley an opportunity to be heard.

On appeal, Whatley asserts that he was deprived of due process. See Art. I, § 9, Fla. Const. (“No person shall be deprived of life, liberty or property without due process of law ․ ”); N.C. v. Anderson, 882 So. 2d 990, 993 (Fla. 2004) (“Procedural due process requires both reasonable notice and a meaningful opportunity to be heard.”). Acknowledging that Whatley is entitled to an administrative hearing, the Department of Revenue correctly and commendably concedes error. We accept this concession of error, reverse the order, and remand for further proceedings consistent with sections 409.256 and 409.2563, Florida Statutes.

Reversed and remanded for further proceedings.

GOODEN, J.