IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
DEPARTMENT OF REVENUE, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D15-716
TIMEIKA DELOISE AQUAVIA
LATTERY MCGILL and LESLY
ST. CLOU,
Appellees.
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Opinion filed January 6, 2016.
An appeal from an order of the Department of Revenue.
Pamela Jo Bondi, Attorney General, and Toni C. Bernstein, Assistant Attorney
General, Tallahassee, for Appellant.
No Appearance for Appellees.
PER CURIAM.
The Florida Department of Revenue raises two issues in this appeal of a
Final Administrative Support Order determining the child support obligation of
Appellee Lesly St. Clou (the father). In the first issue, the Department argues that
the administrative law judge (ALJ) erred by concluding that he lacked authority to
enter a support order exceeding the amounts set forth in the Department’s
Proposed Final Administrative Support Order based on new information developed
at an evidentiary hearing that would increase the father’s child support obligation
under the statutory child support guidelines. In the second issue, the Department
argues that the Final Administrative Support Order is not supported by competent,
substantial evidence. Consistent with our opinion in Department of Revenue v.
Reyes, No. 1D15-707 (Fla. 1st DCA December 31, 2015), we resolve both issues
by concluding that the ALJ was required to establish the father’s child support
obligation based on the evidence presented at the hearing. By limiting the father’s
child support obligation to the amounts contained in the proposed order,
notwithstanding the evidence presented, the Final Administrative Support Order is
contrary to Florida law and not supported by competent, substantial evidence.
Accordingly, we vacate the order and remand for further proceedings.
WETHERELL, ROWE, and RAY, JJ., CONCUR.
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