Judges: ROBERT E. MEALE
Agency: Department of Financial Services
Latest Update: Aug. 30, 1988
Summary: Claim of ownership to $8644 in small bills in car trunk beside 100 lbs of marijuana to which petitioner denied ownership--REJECTED
88-0103.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
ALBERT HOWARD, )
)
Petitioner, )
)
vs. ) CASE NO. 88-0103
) OFFICE OF THE COMPTROLLER, ) DEPARTMENT OF BANKING AND ) FINANCE, DIVISION OF FINANCE, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, final hearing in the above-styled case was held on July 19, 1988, in Orlando, Florida, before Robert E. Meale, Hearing Officer of the Division of Administrative Hearings.
The representatives of the parties were as follows: For Petitioner: Matthew M. Johnson, Esquire
1524 East Livingston Street
Orlando, Florida 32803
For Respondent: Elise M. Greenbaum, Esquire
Assistant General Counsel Office of Comptroller
400 West Robinson Street, Suite 501 Orlando, Florida 32801-1799
BACKGROUND
By an undated Petition for Hearing, Petitioner requested a formal hearing concerning Respondent's denial of Petitioner's request for the return of certain funds. The petition alleged that Kevin D. Roy of the Florida Highway Patrol took the sum of $8644 in cash from Petitioner, who never had the money returned to him.
Petitioner presented one witness, himself. Respondent presented no witnesses. Petitioner offered into evidence no exhibits. Respondent offered into evidence six exhibits. All exhibits were admitted into evidence.
Each side filed a proposed recommended order. Treatment accorded the proposed findings of fact is detailed in the Appendix.
FINDINGS OF FACT
On November 15, 1984, Trooper Kevin Dennis Roy of the Florida Highway Patrol stopped an automobile occupied by Petitioner on the Florida Turnpike in Palm Beach County.
After obtaining consent to search the vehicle, Trooper Roy discovered in the trunk approximately 100 pounds of marijuana and a white plastic bag containing $8644 in small bills wrapped in rubberbands.
Petitioner made no claim to the cash found in the trunk. He was arrested. A search revealed no significant sum of money on Petitioner's person.
The State Attorney's office dropped a subsequent criminal proceeding for possession of marijuana because Respondent denied knowledge of the drugs and money in the trunk.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and the parties. Section 120.57(1), Florida Statutes.
Persons seeking to claim abandoned property must file claims with Respondent. Section 717.124, Florida Statutes.
Petitioner has the burden of proving by a preponderance of the evidence that he is entitled to the cash in question. Section 717.124, Florida Statutes.
Petitioner has failed to carry his burden of proof in the present case. Initially, he claimed, or more accurately admitted, no ownership of the monies found in the trunk with the marijuana. Then, he claimed ownership of all of these monies. At the hearing, he announced that he was claiming ownership of only a portion of these monies, which he claimed Trooper Roy inexplicably removed from Petitioner and added to the white plastic bag. Petitioner's testimony is implausible and would not be credited even without the deposition testimony offered by Respondent.
RECOMMENDATION
Based on the foregoing, it is hereby
RECOMMENDED that a Final Order be entered denying Petitioner's claim of ownership of the monies in question.
DONE and RECOMMENDED this 30th day of August, 1988, in Tallahassee, Florida.
ROBERT E. MEALE
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 30th day of August, 1988.
APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-0103
Treatment Accorded Petitioner's Proposed Findings
Rejected as irrelevant.
Adopted in substance.
3-10. Rejected as recitation of testimony. 11&13. Adopted in substance.
12. Rejected as irrelevant.
Adopted except as to the amount of money in the bag.
Rejected as irrelevant.
16-17. Rejected as recitation of testimony, irrelevant, and subordinate.
18. Rejected as not finding of fact.
Treatment Accorded Respondent's Proposed Findings 2, 13, 27, 28. Adopted in substance.
16. Adopted.
Remainder rejected as recitation of testimony, subordinate, and irrelevant.
COPIES FURNISHED:
Matthew M. Johnson, Esquire
524 East Livingston Street Orlando, Florida 32803
Elise M. Greenbaum, Esquire Assistant General Counsel Office of Comptroller
400 West Robinson Street Suite 501
Orlando, Florida 32801-1799
Honorable Gerald Lewis Comptroler
State of Florida The Capitol
Tallahassee, Florida 32399-0350
Charles L. Stutts General Counsel
Department of Banking and Finance Plaza Level, The Capitol Tallahassee, Florida 32399-0350
Docket for Case No: 88-000103
Orders for Case No: 88-000103
| Issue Date |
Document |
Summary |
|
Sep. 12, 1988 |
Agency Final Order
|
|
|
Aug. 30, 1988 |
Recommended Order
|
Claim of ownership to $8644 in small bills in car trunk beside 100 lbs of marijuana to which petitioner denied ownership--REJECTED
|
