Shayonne Peterson v. Florida Department of Children and Families

Summary

The Florida First District Court of Appeal held that it lacked statutory appellate jurisdiction to directly review a Department of Children and Families hearing officer’s order dismissing an administrative appeal as untimely in a Supplemental Nutrition Assistance Program overpayment matter. The court treated the appeal as a petition for writ of certiorari and transferred it to the Circuit Court of the Second Judicial Circuit.

Holdings

1. The First District Court of Appeal lacked appellate jurisdiction because no statute authorized direct review of the hearing officer's order issued in connection with the federal Supplemental Nutrition Assistance Program.
2. The court treated the appeal as a petition for writ of certiorari and transferred it to the Circuit Court of the Second Judicial Circuit for first-tier review.

Questions Presented

1. Whether the First District Court of Appeal had statutory authority to directly review a Department of Children and Families hearing officer's order issued in connection with a federal benefits program.
2. Whether the appeal should be treated as a petition for writ of certiorari and transferred to the circuit court for first-tier review.

Disposition

other