Leibow v. Florida Department of Children & Families
Leibow v. Florida Department of Children & Families
Opinion of the Court
Jerry R. Leibow appeals from a final order of the Florida Department of Children and Family Services [DCF] Office of Appeal Hearings granting the DCF’s motion to dismiss. We remand for further proceedings.
In September of 2002, Leibow received notices from DCF relating to food stamp and cash assistance overpayments. In May 2003, DCF received two letters in one envelope from Leibow requesting fair hearings on the overpayment notices. One request referencing a February 2003 DCF notice was considered timely.
Because it is not within this court’s purview to make findings of fact, and because we see no evidence contradicting Leibow’s claim that he timely mailed his request for fair hearing to DCF, we remand
Reversed and remanded for further proceedings.
. Rule 65-2.046(l)(a), Florida Administrative Code, sets the time limit to request a fair hearing as 90 calendar days from the date of written notification of agency action. The notices from DCF informed Leibow of his hearing rights and of the 90-day time period in which to request a fair hearing on the matter (30 days for cash assistance claims).
. Chapter 120.68(6)(a)l., Florida Statutes (2002) (Florida's Administrative Procedure Act).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.