Steadman v. Department of Management Services, 2005 WL 924314 (Fla. 5 DCA April 22, 2005) The Florida Division of Retirement wanted a court order determining an employee’s heirs prior to paying survivor benefits. Only one problem. In 2003 Florida Probate Rule 5.385(c) was amended so that the terms “heirs or devises” were replaced with “beneficiaries” for purposes of the court order a person ends up with when filing a petition in circuit court pursuant to Florida Statute Section 2004->Ch0733->Section%20105#0733.105″>733.105 seeking an order determining beneficiaries of an estate. Undaunted by the fact that the requested order no longer existed, the Division refused payment of the requested survivor benefits because it didn’t get the order. The fact that an appeal had to be filed so that the Division would change its position is troubling to say the least. The Fifth DCA apparently shared that view, because it held that the Division’s refusal to accept an order complying with the provisions of amended Rule 5.385(c) “was a gross abuse of discretion” and ordered the Division to pay the petitioner’s attorney’s fees.
