Findings Of Fact The following are the facts to which the parties have stipulated: A Complaint to Determine Paternity was filed in Duval County, Florida, in May of 1984, alleging that Archie L. Atkins was the father of Jimmy Lemont Pickney. Jimmy Lemont Pickney was born on May 1, 1971, to Betty Ruth Pickney. The birth certificate of the child did not indicate the name of the father. In his Answer to Complaint, Archie L. Atkins denied any knowledge with regard to the paternity issue, and denied that he was, in fact, the father of the minor child who was thirteen years old at the time the petition was filed. A jury trial was held on the issue of paternity. At that time, Archie L. Atkins testified that although he had met Betty Ruth Pickney, he had not had sexual intercourse with her and was unaware that she had conceived a child which she claimed to be his. However, in March of 1985 the jury determined that Archie L. Atkins was, in fact, the father of Jimmy Lemont Pickney. A Final Judgment of Paternity was entered by The Honorable John S. Cox on March 21, 1985. (Copy attached) The Court reserved jurisdiction to determine the amount of child support to be paid by Archie L. Atkins and to establish a public assistance child support obligation and to tax costs. In its Order of Modification, the Court determined that the sum of $8,611.50 was the public assistance child support obligation owed by the Defendant to the State of Florida for assistance paid on behalf of the minor from October 1974 to April 1, 1985. (Copy attached) The Defendant was ordered to pay $25 per week for the support of the minor child and $5 per week toward the public assistance child support obligation. Approximately one year after the commencement of child support, it was determined that Archie L. Atkins was then in contempt due to his failure to make the payments previously ordered on April 8, 1985. Specifically, he was $897.78 behind through March 21, 1986. Mr. Atkins was ordered to pay $897.78 instantly plus $250 to be applied toward the public assistance child support obligation. (Copies attached) Mr. Atkins paid both the $897.78 and the $250 as ordered by the Court. At the same time the Court entered its Contempt Order, the Court directed that future payments be deducted from Mr. Atkins' pay check by his employer, the United States Postal Service. Archie Atkins and his wife, Richardine Atkins, overpaid their 1985 Federal Income taxes in the amount of $1,605.21 and were entitled to a refund in that amount. However, the Office of Child Support Enforcement sought to intercept that tax refund and to apply it toward the public assistance child support obligation. Mr. Atkins was notified of the interception on June 2, 1986, and requested a hearing on June 19, 1986.
Recommendation For the foregoing reasons it is recommended that the Department of Health and Rehabilitative Services enter a Final Order in this case to the effect that the Department is not entitled to intercept Archie L. Atkins' federal tax refund unless and until Atkins is delinquent in the periodic court-ordered payment, and to the further effect that any federal tax refund which may already have been intercepted shall be returned to Atkins. DONE AND ENTERED this 4th day of November, 1986, at Tallahassee, Florida. MICHAEL M. PARRISH 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 4th day of November, 1986. COPIES FURNISHED: R. Craig Hemphill, Esquire Assistant Counsel Child Support Enforcement Program 105 East Monroe Street Jacksonville, Florida 32202 Daniel Richardson, Esquire 1004 First Union Building Jacksonville, Florida 32202 William Page, Jr., Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue The issue for consideration in this matter is whether the Department of Revenue should retain Petitioner's lottery winnings in the amount of $1,033.01 because of his obligation to pay child support as ordered by a court of record.
Findings Of Fact By Final Judgement of Paternity dated September 13, 1994, J. Tim Strickland, Circuit Judge for the 10th Judicial Circuit in Polk County, ordered Petitioner, inter alia, to pay child support and retroactive child support to the State of Florida for the dependent child of which Petitioner was adjudged the father, in the amount of $25.00 per week in future child support, and $5.00 per week in retroactive child support until the sum of $5,007.00 has been paid in full. Petitioner thereafter arranged for the payments required as to both future child support and the retroactive child support to be deducted out of his earnings or unemployment compensation payments when he was unemployed. The Department of Revenue agrees that all periodic payments required by the court order have been paid timely. On May 4, 1996, Petitioner purchased a lottery ticket from an agent of the Florida Lottery. One of the number series he purchased on May 4 was a partial winner and Petitioner was entitled to receive the sum of $1,033.00. On May 5, 1996, Petitioner submitted a winner claim form to claim the $1,033.00. Before any money was paid to the Petitioner, however, consistent with the pertinent provisions of the Florida Statutes, the Department of Lottery transmitted the Petitioner's prize money to the Department of Banking and Finance so that any debts due the state by the winner, or unpaid court-ordered child support could be identified and prize money withheld to satisfy all or a part of such claim. Consistent with established procedure, the Department of Revenue informed the Department of Banking and Finance that Petitioner owed $4,305.01 in unpaid retroactive child support assessed by the Circuit Court in May, 1994. Since the amount the Department of Revenue claimed was owing exceeded the amount of Petitioner's prize of $1,033.00, the Department of Banking and Finance advised Petitioner it intended to apply the entire prize amount to the unpaid retroactive child support. Petitioner protests, claiming that since he is fully in compliance with the terms of the Final Judgement of Paternity, and none of the required weekly payments is delinquent, he is not indebted and the state has no basis to withhold his prize.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that a Final Order be issued providing for payment of the $1, 033.00 prize attributable to the ticket held by Petitioner Gary Roberts, to the Department of Revenue on behalf of his minor child. DONE and ENTERED this 23rd day of September, 1996, in Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of September, 1996. COPIES FURNISHED: Gary Roberts 527 6th Street Northeast Ft. Meade, Florida 33841 Chriss Walker, Esquire Department of Revenue Post Office Box 8030 Tallahassee, Florida 32314-8030 Ellen C. Marino, Esquire Department of Banking and Finance The Capitol, Suite 1302 Tallahassee, Florida 32399-0350 Louisa H. Warren, Esquire Department of the Lottery 250 Marriott Drive Tallahassee, Florida 32399 Hon. Robert F. Milligan Comptroller, State of Florida The Capitol, Plaza Level Tallahassee, Florida 32399-0350 Harry Hooper General Counsel The Capitol, Room 1302 Tallahassee, Florida 32399-0350 Linda Lettera General Counsel Department of Revenue 204 Carlton Building Tallahassee, Florida 32399-0100 Larry Fuchs Executive Director Department of Revenue 104 Carlton Building Tallahassee, Florida 32399-0100 Dr. Marcia Mann, Secretary Department of Lottery 250 Marriott Drive Tallahassee, Florida 32301 Ken Hart General Counsel Department of Lottery 250 Marriott Drive Tallahassee, Florida 32301
The Issue Whether Petitioner's Federal Income Tax refund should be intercepted by Respondent?
Findings Of Fact On August 17, 1984, the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida, entered an order finding Petitioner to be in arrears in child support payments in the amount of $6,400.49. As of July 21, 1988, Petitioner was in arrears in his child support payments in the amount of $6,954.52. Petitioner does not dispute that he is in arrears in his child support payments, but argues that Respondent should not take the entire refund, but should only take one-half.
Recommendation Therefore, based upon the foregoing, it is RECOMMENDED that Respondent issue a final order affirming the determination that Petitioner owes past-due support. DONE and ORDERED this 24th day of August, 1988, in Tallahassee, Florida. JOSE A. DIEZ-ARGUELLES 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 24th day of August, 1988. COPIES FURNISHED: Johnny E. Matthews 4435 Kenndle Road Jacksonville, Florida 32208 Warren J. Schulman, Esquire 331 East Union Street, Suite 1 Jacksonville, Florida 32202 Sam Power, Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Gregory L. Coler, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700
Findings Of Fact Everett Stapleton held a winning ticket from the December 9, 1989, Florida Lotto drawing, and claimed his prize of $4,312.50 on December 12, 1989. The Office of the Comptroller searched the records of state agencies to determine whether Mr. Stapleton was indebted to the state, or owed child support which was being collected through a court. It determined that Mr. Stapleton owed $5,896 in child support, and therefore withheld paying the prize. By an Amended Final Judgment Dissolving Marriage dated November 29, 1983, Mr. Stapleton had been required to make child support payments of $50 per week through the Clerk of the Circuit Court in Dade County. During the hearing, the parties had conflicting payment records from the Clerk of the Circuit Court. After a recess, during which Mr. Stapleton and representatives of the Department of Health and Rehabilitative Services consulted, they came to an agreement, which they announced when the hearing reconvened. The parties agreed that as of Friday, April 20, 1990, Mr. Stapleton owed $6,796 in back child support, under the Amended Final Judgment Dissolving Marriage dated November 29, 1983.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered by the Office of the Comptroller requiring the payment of the $4,312.50 to the Department of Health and Rehabilitative Services, to be applied to reduce Mr. Stapleton's current obligation for past due child support. DONE and ENTERED this 26th day of April, 1990, at Tallahassee, Florida. WILLIAM R. DORSEY, JR. Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of April, 1990. COPIES FURNISHED: Chriss Walker, Esquire Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Louisa Warren, Esquire Department of the Lottery 205 Marriott Drive Tallahassee, Florida 32301 Jo Ann Levin, Esquire Office of the Comptroller Suite 1302, The Capitol Tallahassee, Florida 32399-0350 Everett Stapleton 17600 Northwest 27 Court Miami, Florida 33056 Honorable Gerald Lewis, Comptroller Department of Banking & Finance The Capitol Tallahassee, Florida 32399-0350 William G. Reeves, General Counsel Department of Banking & Finance The Capitol Plaza Level, Room 1302 Tallahassee, Florida 32399-0350
The Issue The issue for determination is whether the Department of Revenue should retain and apply the Petitioner’s $7,278.00 lottery prize to reduce an outstanding arrearage for child support.
Findings Of Fact DOR and DOL are the agencies of the State of Florida charged with the duty to enforce statutes which provide for the seizure of lottery prize winnings to satisfy past-due child support debt. DOR and DOL provided Davidoff with timely and proper notice of their finding that he was indebted to the state for court-ordered child support through the court depository, in the total amount of $32,400.00 as of July 29, 1996. Davidoff was further notified that it was the state's intent to intercept his lottery prize and apply it to partially satisfy his unpaid child support debt. Pursuant to a Final Judgment of Paternity and Order for Payment of Arrears entered on July 29, 1996, Davidoff is subject to a lawful order requiring him to pay child support retroactive to June 6, 1996, in the total amount of $32,400.00. Davidoff failed to discharge his child support obligations pursuant to that judgment. He admits arrearages in an amount in excess of $27,000.00 as of the date of the final hearing. DOR is entitled, indeed required by law, to apply the Petitioner’s lottery prize in the amount of $7,278.00 to partially satisfy this past-due child support debt.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Revenue enter a final order retaining Davidoff's $7,278.00 lottery prize to be applied to reduce the accrued arrearage on Davidoff's child support obligation. DONE AND ENTERED this 31st day of July, 2003, in Tallahassee, Leon County, Florida. S ___________________________________ FLORENCE SNYDER RIVAS 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 31st day of July, 2002. COPIES FURNISHED: David Davidoff 2956 Kirk Road Lake Worth, Florida 33461 Chriss Walker, Esquire Child Support Enforcement Department of Revenue Post Office Box 8030 Tallahassee, Florida 32314-8030 Louisa Warren, Esquire Department of Lottery 250 Marriott Drive Tallahassee, Florida 32301 James Zingale, Executive Director Department of Revenue 104 Carlton Building Tallahassee, Florida 32399-0100 Bruce Hoffmann, General Counsel Department of Revenue 204 Carlton Building Tallahassee, Florida 32399-0100 David Griffin, Secretary Department of Lottery 250 Marriott Drive Tallahassee, Florida 32301 Ken Hart, General Counsel Department of Lottery 250 Marriott Drive Tallahassee, Florida 32301
The Issue The issue is whether Petitioner's request for a variance or waiver of Florida Administrative Code Rule 65C-14.055 pursuant to section 120.542, Florida Statutes, should be granted or denied.
Findings Of Fact Petitioner, LaTonya Holton, is seeking a waiver from Florida Administrative Code Rule 65C-14.055(1) because she desires to open and operate a licensed residential child-caring agency (RCA), which houses dependent youth. Ms. Holton proposes to open a residential facility for foster children called House of Judah, with Ms. Holton serving as executive director. House of Judah would be a "transitional housing program" for up to eight neglected, abandoned, or abused girls ages 12 through 17. Stacey Cleveland is a statewide licensing specialist with the Department. She has been in that position for about seven years and has worked for the Department approximately 23 years, approximately 15 of which have been in licensing. One of Ms. Cleveland's responsibilities is to review all of the waiver and variance requests and make a recommendation to agency leadership as to whether or not the request should be granted or denied. Ms. Cleveland reviewed Petitioner's application for waiver. The application includes a business plan and position descriptions. It also included a description of Ms. Holton's prior experiences pertinent to the position for which the waiver is sought. Ms. Cleveland reviewed the application package in evaluating whether Ms. Holton met the requirements to be the Executive Director. After reviewing the application, Ms. Cleveland concluded that Ms. Holton did not have the required education or the required experience in management or supervision. The application packet included a statement that Ms. Holton was enrolled to complete an associate of science degree by the summer of 2010, and then enter a program to earn a bachelor's degree in business administration. However, Ms. Holton did not complete the associate degree program and currently does not possess a college degree of any kind. She is no longer in a program to earn a degree. Ms. Holton has worked as an administrative assistant with increasing responsibility for major corporations. She was the executive assistant to the president at GE Aviation, and assisted seven vice-presidents. She currently is a quality administrator with GE Aviation. In this position, Ms. Holton has the authority to go into an assembly area and shut down a production line if she determines that the workers are performing a procedure that is not according to the work instruction. She also oversees investigations concerning quality assurance. She has worked closely with the FAA ensuring that when a new guideline comes out, it is "brought to the forefront of GE" and to ensure that the company's procedures are updated. However, Ms. Holton is not a manager, and does not have the authority to hire or fire employees. She does not have experience with fundraising for private donations, although that is included in the position description for executive director. Ms. Holton has, through volunteering, worked with troubled youth and has a genuine passion for helping troubled children. She has helped numerous youth through her church and in the community. She does not, however, have formal working experience in child welfare. Ms. Cleveland determined that Ms. Holton does not have the required management or supervisory experience to be an Executive Director, and had not demonstrated that the purpose of the underlying statute had been achieved. She based this determination on a review of the application package and on the agency's interpretation of the term "management or supervisory." That is, the agency looks for supervision, knowledge, skills and actual hands-on work in child welfare services, specifically with Department youth housed in a facility. The agency also interprets the term "management or supervision" as including experience supervising employees in areas such as hiring and firing, final budget decisions, and final decision making in matters relating to the management of the facility. The agency views the purpose of the underlying statute to require final decision-making responsibility in all areas related to the operation of an RCA. Ms. Holton did not present any evidence of any economic, technical, or legal hardship if she did not receive the waiver. Ms. Holton is sincerely disappointed in not receiving the waiver due to her strong convictions and passion to help troubled youth. Ms. Cleveland recommended to the agency that it deny the waiver request. On December 8, 2011, the Department issued an Order on Waiver Request to Ms. Holton, denying her request, which gave rise to this proceeding.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Department of Children and Families enter a final order denying Petitioner's request for a waiver from rule 65C- 14.055. DONE AND ENTERED this 16th day of May, 2012, in Tallahassee, Leon County, Florida. S BARBARA J. STAROS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 16th day of May, 2012. COPIES FURNISHED: LaTonya Roschell Holton 136 Perth Road Jacksonville, Florida 32221 David G. Tucker, Esquire Department of Children and Families 5920 Arlington Expressway Post Office Box 2417 Jacksonville, Florida 32211 Gregory Venz, Agency Clerk Department of Children and Families Building 2, Room 204B 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Marion Drew Parker, General Counsel Department of Children and Families Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 David Wilkins, Secretary Department of Children and Families Building 1, Room 202 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
Findings Of Fact Case No. 88-1323 On November 10, 1986, the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida, entered an order finding Petitioner to be in arrears in child support payments in the amount of $3,099.30. As of July 21, 1988, Petitioner's arrearage for his child support payments was $2,430.71, Case No. 88-1324 On November 26, 1986, the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida, entered an order finding Petitioner to be in arrears in child support payments in the amount of $665.00. Also, the court determined that Petitioner owed the State of Florida $3,082.00 as a public assistance obligation which had been previously established by the court. As of July 21, 1988, Petitioner was in arrears in the amount of $3,432.01 in his child support payments and in the public assistance obligation. Petitioner's Case Mr. Brown is currently making all the payments he is required to make under both court orders. He admits he owes the amount at issue in this case, although he believes there may be minor discrepancies in the records and he plans to pursue this with the agency responsible for record keeping.
Recommendation Therefore, based upon the foregoing, it is RECOMMENDED that Respondent issue a final order affirming the determination that Petitioner owes past-due support. DONE and ORDERED this 24th day of August, 1988, in Tallahassee, Florida. JOSE A. DIEZ-ARGUELLES 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 24th day of August, 1988. COPIES FURNISHED: Billy Lee Brown 3490 Lannie Road Jacksonville, Florida 32201 Warren J. Schulman, Esquire 331 East Union Street, Suite 1 Jacksonville, Florida 32202 Sam Power, Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Gregory L. Coler, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700
The Issue The issue in the case is whether, under the provisions of Section 409.25656, Florida Statutes, the Department of Revenue may apply bank account funds identified as belonging to Kim Sheldon towards an unpaid child support obligation.
Findings Of Fact By Final Judgment of Dissolution of Marriage dated August 9, 1995 (Case No. 95-742-CA-01, Fifth Judicial Circuit, Hernando County, Florida), Kim C. Meccariello was divorced from Dale W. Meccariello. Kim C. Meccariello subsequently remarried and is known as Kim C. Sheldon. As part of the settlement agreement in the 1995 divorce, Kim C. Sheldon (Petitioner) became obligated to pay monthly child support in the amount of $472.82. On November 1, 1999, the Department of Revenue (Department) became involved in this matter when the Petitioner's former husband apparently filed a "Request for Participation in Central Depository Program Pursuant to Florida Statute 61.13" seeking to have the Department collect unpaid child support on his behalf. By form letter dated December 1, 1999, the Department notified the supervisor of the Support Division, Hernando County that payments in the case should be redirected to the Department. The Petitioner asserts that she did not get a copy of this notice. The certificate of service indicates a copy was mailed to her. The Petitioner asserts that because she did not get the notice, the child support debt accounting fails to include payments made directly to her former husband, but has no documentation of the form or amount of such payments. There is no documentation that any direct payments were made. The evidence fails to establish that such direct payments occurred. Although the exact amount of unpaid child support owed by the Petitioner is disputed, the evidence clearly establishes that her unpaid child support debt clearly exceeds the amount of funds at issue in this proceeding. By Notice of Freeze dated July 7, 2000, the Department directed the MacDill Federal Credit Union to freeze the Petitioner's funds in the institution based on an unpaid child support obligation in the amount of $6,619.48. The Department subsequently received a letter on MacDill Federal Credit Union letterhead, dated July 11, 2000, and indicating that the Petitioner had two accounts at the institution: a savings account (#126552-01) containing $495.65; and a checking account (#126552-15) containing $1,123.42. By Notice of Intent to Levy dated July 14, 2000, the Department notified the Petitioner that the funds had been frozen and advised her of her right to challenge the action. The Petitioner requested a formal hearing. A letter from Strategic Outsourcing, Inc., dated July 18, 2000, states that the Petitioner's husband is an employee of Nicon, Inc., and that his wages are direct deposited into MacDill Federal Credit Union account #126522 on a weekly basis. Strategic Outsourcing, Inc., apparently handles payroll processing for Nicon, Inc. By Notice of Special Account release dated July 26, 2000, the Department notified the MacDill Federal Credit Union that all but $550.00 in the checking account (#126552-15) was released. The $495.65 in the savings account remained frozen. The total amount of currently frozen funds is $1,045.65. By Notice of Extension of Freeze dated July 27, 2000, the Department notified the MacDill Federal Credit Union that the Petitioner was challenging the Department's freeze and that the funds should remain frozen until the matter is resolved. The Petitioner and her current spouse are joint holders of the accounts at the MacDill Federal Credit Union. Because her husband did not have time to open the accounts, the Petitioner opened the accounts by herself, and her husband was added about a week later. The Department's decision to release the checking account funds (except for $550.00) was apparently based on conversations with the couple and upon receipt of the letter from Strategic Outsourcing, Inc. The funds were released based on the Department's determination that, other than $550.00, the checking account funds were directly attributable to the Petitioner's husband's income. The Department asserts that the currently frozen funds should be used to satisfy, in part, the Petitioner's unpaid child support obligation. The Petitioner asserts that since February 2000, she has been unemployed, that none of the funds in the accounts are attributable to her earnings, and that the funds should not be used to satisfy her unpaid child support obligation. According to the bank statement for the period March 1, 2000, to March 31, 2000, the balance in the checking account on March 1, 2000, was $862.10. There is no evidence that the March 1 balance did not include funds earned by and attributable to the Petitioner. According to account statements, a total of $2,170.97 in unidentified deposits were made to the account between March 1, 2000, and July 15, 2000, including a $958.97 cash deposit on April 24, 2000, a $162.00 cash deposit on May 8, 2000, a $500.00 check deposit on June 8, 2000, and a $550 deposit of unidentified type on July 3, 2000. At the hearing, the Petitioner and her husband testified that deposits into the checking account not directly attributable to his income were made by grown children residing at home and contributing towards household expenses which were allegedly paid from the husband's income. Other deposits were claimed to be small loans or gifts from family members. There was no documentation offered at the hearing to support the testimony. None of the children or relatives testified at the hearing. The evidence fails to establish that the deposits in the joint account came from adult children or other relatives. According to the bank statement for the period April 1, 2000, to April 30, 2000, a deposit on April 21, 2000, of $627.00 described as "US TREASURY 220" was a tax refund. The Petitioner's husband asserted that based on income, the refund was "90 percent" attributable to him. There was no documentation offered at the hearing to support the testimony. The evidence fails to establish that the tax refund deposited into the joint account is not attributable to the Petitioner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Revenue issue a FINAL ORDER directing that $1,045.65 currently held at the MacDill Federal Credit Union be applied towards meeting the Petitioner's unpaid child support obligation. DONE AND ENTERED this 20th day of April, 2001, in Tallahassee, Leon County, Florida. WILLIAM F. QUATTLEBAUM 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 20th day of April, 2001. COPIES FURNISHED: Manuel V. Fajardo, Esquire 610 West Azeele Street Tampa, Florida 33606 Albert Thorburn, Esquire Florida Department of Revenue Post Office Box 8030 4070 Esplanade Way Tallahassee, Florida 32314-8030 Linda Lettera, General Counsel Department of Revenue 204 Carlton Building Tallahassee, Florida 32399-0100 James Zingale, Executive Director Department of Revenue 104 Carlton Building Tallahassee, Florida 32399-0100
Findings Of Fact In March of 1987, the Petitioner, Mitchell M. Green, was employed with the Department of Health and Rehabilitative Services as a child support enforcement investigator. He had been employed by the Department since 1982. On March 17, 18 and 19, 1987, the Petitioner did not report for work, and did not call in to any of the persons who supervised him to explain his absence. Previously, the Petitioner had not requested leave for March 17-19, and leave had not been authorized. On March 20, 1987, the Department notified the Petitioner that his failure to report for work on March 17, 18 and 19 when he was scheduled to work, without contacting his supervisor, and without authorized leave, constituted abandonment and resignation from the position under Rule 22A-7.010(2), Florida Administrative Code, and that his employment was terminated. The Petitioner was aware of the abandonment provision in the Department's rules. He had acknowledged receipt of a copy of the Department handbook containing these rules on July 8, 1986. The testimony of the Petitioner, his father, and his mother established that the Department had given the Petitioner an "Exceeds Performance Standards" rating on his last evaluation, that the Petitioner had been diagnosed as having cancer in February of 1985, that the Petitioner had requested leave in January, 1987, but was refused because he had no more leave, and that the Petitioner was upset about conditions at work. These factors are irrelevant, however, because they do not excuse or justify a failure to report to work without obtaining authorized leave or notification that assigned work will not be performed because of absence.
Findings Of Fact The following are the facts to which the parties have stipulated: On September 27, 1977, the Circuit Court for the Fourteenth Judicial Circuit of Florida entered an order dissolving the marriage of Petitioner and Debra LaRhea Reynolds and incorporated into that order a stipulation whereby Petitioner agreed to pay child support in the amount of $20.00 per week. On April 13, 1977, Debra LaRhea Reynolds assigned her rights to child support to the Respondent, Department of Health and Rehabilitative Services. On June 25, 1982, the Circuit Court for the Fourteenth Judicial Circuit of Florida entered an order holding Petitioner in contempt for failure to pay accrued arrearages of child support in the amount of $4,280.00, to which Respondent was entitled by virtue of the assignment of rights referred to in paragraph 2. On June 8, 1982, the aforementioned court authorized a payroll deduction of $62.00 by weekly against Petitioner's paycheck. Under the terms of the contempt order, $40.00 of this amount was credited to the arrearage. As of June 23, 1987, the arrearage had been reduced to $1,960.00. On July 10, 1986, Respondent caused to be intercepted Petitioner's Federal Income Tax Refund of $1,080.03.
Recommendation Having considered the foregoing stipulated Findings of Fact, and Conclusions of Law, it is, therefore, RECOMMENDED that Respondent, Department of Health and Rehabilitative Services enter a Final Order providing for the Petitioner's income tax refund in the amount of $1,080.03 to be intercepted and applied against his debt to the State of Florida for past due child support. Respectfully submitted and entered this 8th day of September, 1987, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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 8th day of September, 1987. COPIES FURNISHED: Marian Alves, Esquire Legal Services of North Florida, Inc. 400 North Madison St. Quincy, Florida 32351 John R. Perry, Esquire Dept. of HRS, District 2, 2639 N. Monroe St. Tallahassee, Florida 32303 Gregory L. Coler, Secretary Dept. of HRS 1323 Winewood Blvd. Tallahassee, Florida 32399-0700 Sam Power, Clerk Dept. of HRS 1323 Winewood Boulevard Tallahassee, Florida 32399-0700
