Background
Christopher Shermaine Peterson, proceeding pro se, appealed a decision by the Florida Department of Revenue’s Child Support Program. The dispute centered on Peterson’s request to opt out of the state’s child support collection services, made pursuant to section 409.2563(2)(i), Florida Statutes. The Department of Revenue initially did not grant Peterson’s opt-out request or did not process it correctly.
The Court’s Holding
The First District Court of Appeal accepted the State’s confession of error, finding that the Department of Revenue had erred in its handling of Peterson’s case. A confession of error is an extraordinary remedy where the state itself concedes that the lower tribunal committed error, thereby waiving the need for full briefing and argument on the merits.
The court reversed the Department’s decision and remanded the case for further proceedings. The remand was specifically conditioned on the Department processing Peterson’s opt-out request in compliance with section 409.2563(2)(i), Florida Statutes (2025), which establishes the statutory framework for individuals to opt out of state child support services.
Key Takeaways
- Individuals in Florida have a statutory right to opt out of state child support collection services under § 409.2563(2)(i)
- The Department of Revenue must properly process and honor timely opt-out requests
- Pro se litigants may successfully appeal administrative decisions even without legal representation
- A confession of error provides a mechanism for courts to correct errors when the state concedes fault
Why It Matters
This decision underscores that the Florida Department of Revenue must comply with statutory opt-out provisions in its child support administration. The reversal on confession of error confirms that individuals have enforceable rights to withdraw from state-administered child support services when they meet statutory requirements. For pro se litigants, the case demonstrates that administrative appeals can succeed when administrative agencies fail to follow statutory procedures.