THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES OF THE STATE OF FLORIDA, APPELLANT,
v.
DARRELL GENE HEFFLER, APPELLEE

Fla. | 1980-03-27
No. 57171
ENGLAND, C. J., and ADKINS, OVER-TON, SUNDBERG and ALDERMAN, JJ., concur.
382 So. 2d 301 Florida Supreme Court (1980) Positive Treatment
Cited by 22 cases

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Synopsis

Florida's Supreme Court upheld the constitutionality of section 409.2567, which allows the Department of Health and Rehabilitative Services to pursue child support collection and paternity determination on behalf of individuals not receiving government subsidies. The court rejected an equal protection challenge, finding the statute's classification bears a rational relation to the legitimate legislative purpose of identifying responsible parents and reducing public assistance burdens.


Holding

Section 409.2567 does not violate equal protection. The statutory classification meets constitutional scrutiny because it bears a just and reasonable relation to the legitimate legislative purpose of identifying responsible parents and relieving the burden on public assistance programs.


Headnotes

[1] A statute providing child support collection and paternity determination services to individuals not receiving governmental subsidies does not violate equal protection pr…

[2] A statutory classification satisfies equal protection if it rests on a difference that bears a just and reasonable relation to the object of the legislation.

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Key Quotes

“For a statutory classification to satisfy the equal protection clauses found in our organic documents, it must rest on some difference that bears a just and reasonable relation to the statute in respect to which the classification is proposed.”

Establishes the standard for evaluating equal protection challenges to statutory classifications in Florida.

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Facts & Procedural History

The Department of Health and Rehabilitative Services (HRS) provided child support collection and paternity determination services under section 409.25…

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Opinion of the Court
McDONALD, Justice.

McDONALD, Justice.

The state Department of Health and Rehabilitative Services (HRS) appeals a circuit court ruling that section 409.2567, Florida Statutes (1977), is unconstitutional. This Court has jurisdiction under article V, section 3(b)(1), Florida Constitution.

Section 409.2567 allows HRS to provide child support collection and paternity determination services to persons not receiving governmental subsidies. These services include HRS’s maintenance of suit, on behalf of an individual, to determine the paternity of dependent children. In such suits, counsel is supplied at no outright cost to the individual, but apparently not to the respondent. The trial court found this practice to be a denial of equal protection of the law. We disagree.

Article I, section 2 of the Florida Constitution states: “All natural persons are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; . .” This Court has stated: “For a statutory classification to satisfy the equal protection clauses found in our organic documents, it must rest on some difference that bears a just and reasonable relation to the statute in respect to which the classification is proposed.” Rollins v. State, 354 So. 2d 61, 63 (Fla.1978). “[T]he test to be utilized in examining whether a statutory classification satisfies the Equal Protection Clause is whether it rests on some difference bearing a reasonable relation to the object of the legislation.” Soverino v. State, 356 So. 2d 269, 271 (Fla.1978). “Any classification must bear a just and reasonable relation to a legitimate purpose.” In re Estate of Reed, 354 So. 2d 864, 865 (Fla. 1978), citing Gammon v. Cobb, 335 So. 2d 261 (Fla.1976).

Section 409.2567 meets this test. The basic purpose of sections 409.2551-409.-2597, Florida Statutes (1977), is to maintain children “from the resources of responsible parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through public assistance programs.” Section 409.2551, Florida Statutes (1977). Section 409.2567 supports this purpose by allowing the identification of responsible parents and the award of support from them prior to, and in place of, receiving public assistance.

The legislature passed sections 409.2551-409.2597 in order to receive federal aid to families with dependent children (AFDC) funds. The pertinent language of section 409.2567, “any individual not otherwise eligible for such services,” comes directly from the federal statute. 42 U.S.C. § 654(6)(A).

Since section 409.2561(4) allows reimbursement of HRS’s expenses out of support payments, individual plaintiffs under section 409.2567 are not receiving free counsel. But, such individuals do not suffer the out-of-pocket expense of hiring an attorney as do most defendants in paternity determinations.

The concern of the circuit court that the petitioner was furnished counsel by HRS and the respondent was not should not vitiate the statute. With the advent of legal aid societies, and the willingness of members of the Florida Bar to contribute their services when needel, indigent defendants in such suits should be able to secure representation.

The trial judge had other objections to the statute, with which we disagree.

We find that section 409.2567 suffers from no constitutional defect. The trial court’s order is hereby quashed, and this cause is remanded for further proceedings under chapter 742, Florida Statutes.

It is so ordered.

ENGLAND, C. J., and ADKINS, OVER-TON, SUNDBERG and ALDERMAN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (11 total)

  • ST. Mary's Hosp., Inc. v. Phillipe, 769 So. 2d 961 (Fla. 2000)
    …or oppressive. See Abdala v. World Omni Leasing, Inc., 583 So. 2d 330, 333 (Fla.1991); In re Greenberg’s Estate, 390 So. 2d 40 (Fla.1980); Graham v. Ramani, 383 So. 2d 634 (Fla. [*972] 1980); Department of Health & Rehabilitative Servs. v. Heffler, 382 So. 2d 301 (Fla.1980). If we were to accept St. Mary’s contention that the Legislature intended to limit noneconomic damages to $250,000 per incident in the aggregate, then the death of a wife who leaves only a surviving spouse to claim the $250,000 is not eq…
  • …’s Estate, 390 So. 2d 40 (Fla.1980), appeal dismissed sub nom Pincus v. Estate of Greenberg, 450 U.S. 961, 101 S.Ct. 1475, 67 L.Ed.2d 610 (1981); Graham v. Ramani, 383 So. 2d 634 (Fla.1980); Department of Health & Rehabilitative Services v. Heffler, 382 So. 2d 301 (Fla.1980). However, statutes are regarded as inherently “suspect” and subject to an additional “heightened” judicial scrutiny if they impinge too greatly on fundamental constitutional rights, either under the federal or Florida Constitutions, or i…
  • …s Estate, 390 So. 2d 40 (Fla.1980), appeal dismissed sub nom. Pincus v. Estate of Greenberg, 450 U.S. 961, 101 S.Ct. 1475, 67 L.Ed.2d 610 (1981); Graham v. Ramani, 383 So. 2d 634 (Fla.1980); Department of Health & Rehabilitative Services v. Heffler, 382 So. 2d 301 (Fla.1980). Palm Harbor Special Fire Control Dist. v. Kelly, 516 So. 2d 249, 251 (Fla.1987). Equal protection analysis requires that classifications be neither too narrow nor [*70] too broad to achieve the desired end. Such underinclusive or overin…

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