Ellingham v. Florida Department of Children & Family Services

I respectfully dissent. I have four concerns with the majority opinion. First, I cannot agree that the burden of proof issue was waived by DCF. Second, it was Appellant’s burden to prove funds were available to pay for her requested services. Third, even if DCF had the burden to prove a lack of funds, there was competent, substantial evidence that general revenue funds were not available to pay for *928Appellant’s requested services. Fourth, the ALJ erred by awarding benefits from 1999 forward when the record shows Appellant’s mother withdrew the 1999 application for benefits.

I. Preservation of…