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. 1D14-2144
REGINALD P. TAYLOR and
BRYNN S. BRYANT,
Appellees.
_____________________________/
Opinion filed May 22, 2015.
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.
Reginald P. Taylor, pro se; No Appearance for Brynn S. Bryant.
PER CURIAM.
The Department of Revenue (“Department”) correctly argues that the Final
Administrative Support Modification Order entered by the administrative law judge
was in error because the subject matter jurisdiction of the Division of Administrative
Hearings (“DOAH”) was not properly invoked pursuant to section 409.2563, Florida
Statutes. See Dep’t of Revenue v. Cottrell, 40 Fla. L. Weekly D870 (Fla. 1st DCA
Apr. 15, 2015); Dep’t of Revenue v. Dove,
152 So. 3d 1278 (Fla. 1st DCA 2015).
The order on appeal is vacated, and the case is remanded to DOAH with instructions
to enter an order directing the Department to begin modification proceedings under
section 409.2563.
VACATED and REMANDED with instructions.
LEWIS, C.J, RAY and KELSEY, JJ., CONCUR.
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