STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAKE B. WATKINS, JR., )

)

Petitioner, )

)

vs. ) Case No. 99-4914

)

DEPARTMENT OF REVENUE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing was held in this case on February 11, 2000, by video at sites in Fort Lauderdale and Tallahassee, Florida, before Claude B. Arrington, a duly- designated Administrative Law Judge of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Jake B. Watkins, Jr., pro se

Post Office Box 881

Fort Lauderdale, Florida 33312

For Respondent: Robert Lehrer, Esquire

Department of Revenue

Child Support Enforcement Program Post Office Box 8030

Tallahassee, Florida 32314-8030 STATEMENT OF THE ISSUES

Whether Petitioner owes child support and, if so, the amount of the indebtedness and whether Respondent should report that indebtedness to credit reporting agencies.

PRELIMINARY STATEMENT

By letter dated September 15, 1999, Respondent notified Petitioner that, pursuant to Section 61.1354(2), Florida Statutes, it intended to report to credit reporting agencies that Petitioner owed back child support. The letter also notified Petitioner that the amount of the indebtedness was

$28,604.17. Petitioner denied that he owed any child support and requested a formal administrative hearing to challenge Respondent's proposed action.

At the formal hearing, Petitioner testified on his own behalf and offered one exhibit, which was admitted into evidence.

Respondent presented the testimony of Shannon Leslie and Warren Silverman. Both witnesses are employed by Respondent's Child Support Enforcement Program. Respondent presented

7 exhibits, each of which was accepted into evidence. Without objection, Respondent was granted 10 days to file certified copies of its Exhibits 5 and 7 from the Circuit Court file in the paternity action that underpins this proceeding. When Respondent determined that it could not locate copies of these exhibits in the Court file, it moved to admit a copy of each exhibit in lieu of the certified copy. This unopposed motion was granted because each exhibit is a business record

No transcript of the proceedings has been filed. The Petitioner and Respondent filed proposed recommended orders, which have been duly-considered by the undersigned in the preparation of this Recommended Order.

FINDINGS OF FACT

1. In 1983, the Florida Department of Health and Rehabilitative Services (DHRS) filed a paternity action against Petitioner in the Circuit Court for Broward County, Florida. This matter was assigned Case Number 83-1335 CH. The proceeding was filed to determine whether Petitioner was the father of a child born to Debra Bethea on November 17, 1979. This matter was voluntarily dismissed by the DHRS on December 29, 1983. Petitioner made a court appearance prior to the dismissal, and he received a copy of the notice of dismissal.

2. In 1992, DHRS and Ms. Bethea filed a Complaint to Determine Paternity and Child Support in Broward Circuit Court, where it was assigned Case Number 92-4134(23). Like the 1983 proceeding, this pertained to the child born to Debra Bethea on November 17, 1979.

3. In 1992, the Broward County Sheriff's Office used a Return of Service form which contained the following to reflect that a complaint had been served on a defendant by substitute service:

   At the defendant's usual place of abode on "any person residing therein" the age of fifteen years or older, to wit:

   in accordance with the provisions of F.S. 48.031(1), Florida Statutes.

   
   

4. The Return of Service filed in Case 92-4134(23) reflected that a copy of the complaint had been served on Petitioner on February 28, 1992, by substitute service. The person with whom the complaint was left at Petitioner's "usual place of abode" was a Mr. Turner who was identified as being a "friend."

5. The second paternity complaint was heard by a hearing officer who made findings and recommendations to the presiding judge. The "Report of the Hearing Officer on Paternity and Support" dated June 22, 1992, filed in Case 92-4134(23) (the Report) reflects that a clerical default was entered against Petitioner on April 14, 1992. The hearing officer recommended that the Court enter an order adjudicating Petitioner to be the father of the child and ordering that he pay child support in the amount of $221.00 per month until the child reached 18 years of age. 1/ These payments were to be made through the Court's Support Payment Unit.

6. Petitioner did not appear at the proceeding before the hearing officer. The recommendation as to the child's paternity was based on the testimony of Ms. Bethea.

7. On June 29, 1992, the presiding judge entered an order that ratified the Report, adopted its findings, and ordered the parties to comply with all items contained in the Report. This is a facially valid order from a court of competent jurisdiction.

8. The sums of $28.36, $56.72, and $23.75 were paid in the years 1992, 1993, and 1994, respectively. No other payments or credits were made. As of September 30, 1999, Petitioner owed the sum of $28,604.17 in back child support. Petitioner had made no child support payments between that date and the date of the final hearing in this proceeding.

9. Petitioner testified that he was homeless in February 1992 and that he did not know Mr. Turner. He also testified that he knew nothing of the second paternity proceeding, that he was not the father of the child, and that reporting this debt to credit reporting agencies will destroy his credit.

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction of the parties to and the subject of this proceeding. Section 120.57(1), Florida Statutes.

11. Section 61.1324(2), Florida Statutes, requires Respondent to report periodically to appropriate credit reporting agencies the name and social security number of any person who is delinquent in the payment of child support,

    together with the amount of the arrearage. In discharging its responsibilities pursuant to this provision, Respondent must rely on a facially valid order from a court of competent jurisdiction that establishes paternity and imposes child support payments.

12. Petitioner should seek legal advice as to whether he has grounds to void or modify the 1992 order adjudicating paternity and requiring the payment of child support in the amount of $221.00 per month. As long as the order entered by the presiding judge in Case 92-4134(23) on June 29, 1992, remains unchanged, Respondent is required by Section 61.1354(2), Florida Statutes, to report Petitioner's arrearage to appropriate credit reporting agencies.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a final order finding that Petitioner owes back child support in the amount of

$28,604.17. It is further recommended that Respondent report that arrearage to appropriate credit reporting agencies pursuant to Section 61.1354(2), Florida Statutes.

DONE AND ENTERED this 14th day of April, 2000, in Tallahassee, Leon County, Florida.

CLAUDE B. ARRINGTON

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 14th day of April, 2000.

ENDNOTE

1/ The Report also found that the sum of $14,348.00 in public assistance benefits had been paid for the benefit of the child. The Report recommended that Petitioner be required to pay $25.00 per month toward repaying those benefits and that the amount of child support be increased to $226.00 after those benefits had been repaid. At the time of the final hearing, no part of the public assistance benefits had been repaid.

COPIES FURNISHED:

Robert Lehrer, Esquire Department of Revenue

Child Support Enforcement Program Post Office Box 8030

Tallahassee, Florida 32314-8030

Jake B. Watkins, Jr. Post Office Box 881

Fort Lauderdale, Florida 33312

Linda Lettera, General Counsel Department of Revenue

204 Carlton Building Tallahassee, Florida 32314

James Zingale, Executive Director Department of Revenue

104 Carlton Building Tallahassee, Florida 32399-0100

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 99-004914

Orders for Case No: 99-004914