Wiggins v. Florida Department of Children and Families
This text of 919 So. 2d 619 (Wiggins v. Florida Department of Children and Families) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Kathryn WIGGINS c/o Pamela Andrews, Appellant,
v.
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
District Court of Appeal of Florida, First District.
Richard La Belle of The Law Offices of Richard La Belle, P.A., Dunedin, for appellant.
Charlie Crist, Attorney General, and Olen W. Meredith, Assistant Attorney General, Tallahassee, for appellee.
PER CURIAM.
The appellant challenges a final order by which the Florida Department of Children and Families reduced her previously approved award of personal care assistance and respite care benefits under the Medicaid Waiver Program. Because a reduction of benefits was at issue, the Department carried the burden of proof to establish its position by a preponderance of the evidence. Fla. Admin. Code R. 65-2.060(1). After thoroughly reviewing the underlying administrative hearing and the subsequent final order, we are unable to conclude that the hearing officer correctly applied the burden of proof in reaching her decision in this case. Accordingly, the final order is reversed and the case is remanded for further proceedings.
REVERSED and REMANDED.
ALLEN, VAN NORTWICK and POLSTON, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
919 So. 2d 619, 2006 Fla. App. LEXIS 425, 2006 WL 141028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiggins-v-florida-department-of-children-and-families-fladistctapp-2006.