775 So. 2d 329 | Fla. Dist. Ct. App. | 2000
Ellice Harris appeals a final administrative order affirming the Department of Children and Families’ termination of her Work and Gain Economic Self-Sufficiency (WAGES) benefits
We strike from the final order, however, those provisions that find that the Department terminated Ms. Harris’s benefits for failure to appear at an orientation program or appointment. The Department did not request the termination of benefits on this ground and did not present evidence to support this as a basis for termination. The only sanction properly imposed on Ms. Harris is a level one sanction pursuant to section 414.065(4)(a) for failure to comply with work requirements or to provide adequate documentation of medical incapacity to except her from noncompliance penalties pursuant to section 414.065(7)(b).
Affirmed as corrected.
. See § 414.015, Fla. Stat. (1997).
. The Department initially sought a level two sanction. At the administrative hearing, however, the Department advised that it was seeking' only a level one sanction. There is no additional documentation reflecting the Department’s intention, however, and the final order does not clarify this.