MALIK LEWIS
v.
STATE OF FLORIDA DEPARTMENT OF REVENUE, CHILD SUPPORT PROGRAM, ET AL.
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Due process in administrative proceedings requires only that the government send notice to the address of record; actual receipt is not required.
[1] In an administrative proceeding, due process is satisfied when the government mails notice to the address of record provided by the party, regardless of whether the party…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[d]ue process does not require the affected person [to] receive notice; it only requires that the government give notice.”
The court cited Miami-Dade County v. Wilson to establish the standard for due process notice in administrative proceedings.
Malik Lewis appealed a final administrative child support order from the Department of Revenue. The Department sent notice of the December 17, 2025 he…
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Third District Court of Appeal State of Florida
Opinion filed October 7, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D26-0105 Lower Tribunal Nos. 2002149603 & 13250017108FC
Malik Lewis, Appellant,
vs.
State of Florida Department of Revenue, Child Support Program, et al., Appellees.
An Appeal from the State of Florida Department of Revenue, Child Support Program.
Malik Lewis, in proper person.
James Uthmeier, Attorney General, and Sarah C. Prieto, Assistant Attorney General (Fort Lauderdale), for appellee State of Florida Department of Revenue, Child Support Enforcement.
Before SCALES, C.J., and LOGUE and GOODEN, JJ.
PER CURIAM.
In this appeal of the Florida Department of Revenue, Child Support Program's ("DOR”) final administrative child support order, Malik Lewis alleges his due process rights were violated because he did not receive notice of the December 17, 2025 hearing conducted by the Department of Administrative Hearings. The record, however, reveals that on September 29, 2025, a notice of the hearing was sent to Lewis at the address Lewis provided to DOR, and this notice was not returned to the sender. Generally, "[d]ue process does not require the affected person [to] receive notice; it only requires that the government give notice.” Miami-Dade Cnty. v. Wilson, 44 So. 3d 1266, 1270 (Fla. 3d DCA 2010); see Rodriguez v. Dep't of Bus. & Pro. Regul., 326 So. 3d 796, 799 (Fla. 3d DCA 2021) (holding that agency's mailing to address of record met due process in administrative proceeding).
Affirmed.
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Citator
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- Rodriguez v. Dep't of Bus. & Prof'l Reg., 326 So. 3d 796 (Fla. 3d DCA 2021)