Florida District Courts of Appeal, 1999

L.G.H. v. Department of Children & Family Services

Florida District Courts of Appeal · Decided May 27, 1999 · No. 97-4962 · Benton, Booth, Nortwick, Only

735 So. 2d 548; 1999 Fla. App. LEXIS 6825; 1999 WL 357625 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Strickland v. FLORIDA a & M UNIVERSITY (Fla. Dist. Ct. App. 2001)
Beverly Enterprises-Florida v. Agency for Health Care Administration (Fla. Dist. Ct. App. 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This cause is before us on appeal from an order of Appellee reversing, as based on hearsay, the order of the administrative law judge (ALJ). We reverse.

Hearsay is admissible in administrative proceedings, but “hearsay alone does not constitute competent, substantial evidence.” Forehand v. School Board of Gulf County, 600 So.2d 1187, 1191 (Fla. 1st DCA 1992). Due to the nature of the proceedings below, arising from allegations of financial exploitation1 and dealing with the intent in authorizing Appellant to make various transfers of funds, much of the evidence offered was hearsay. Review of the record, however, shows that the *549determination of the ALJ was not based on hearsay alone, but was supported by direct evidence. § 120.57(l)(c), Fla. Stat. Accordingly, we reverse and remand to the Department for entry of an order in accordance with the recommendation of the ALJ that Appellant’s name be expunged from the abuse registry.

REVERSED and REMANDED.

BOOTH and VAN NORTWICK, JJ., CONCUR. BENTON, J., CONCURS IN RESULT ONLY.

. § 415.102(14)(a)-(b), Fla. Stat.

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