The Issue The issue is whether Respondent's Law Enforcement and Correctional Officer Certificates should be disciplined for the reasons set forth in the Administrative Complaint.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: In this disciplinary proceeding, Petitioner, Florida Department of Law Enforcement, Criminal Justice Standards and Training Commission (Commission), seeks to discipline Correctional Certificate No. 56629 and Law Enforcement Certificate No. 135685 held by Respondent, Gayle L. Graham (formerly known as Gayle Livings), on the grounds that she unlawfully obtained public assistance benefits in 1996, 1997, and 1998 by failing to disclose on her applications that she was receiving child support payments. In her request for a hearing, Respondent denied that she "knowingly [made] a false statement" when applying for such benefits. During her tenure as a law enforcement officer, Respondent has been employed by both the Leon County and Gadsden County Sheriff's Office. Since November 1998, she has been a police officer with the City of Midway Police Department. On September 4, 1990, Respondent's marriage with Brooks Jampole (Jampole) was dissolved. Beginning on September 15, 1990, Jampole was required to pay Respondent $400.00 per month in child support payments for their minor child (Joseph). Although such payments were sporadic during the first few years, in 1994, the court directed that Jampole deposit the payments with the court registry each month; from that time until she applied for public assistance benefits in October 1996, and continuing through 1998, Respondent received regular child support payments through the Gadsden County Clerk's Office. On an undisclosed date, Respondent married Michael Graham (Graham). Their union produced a child (Brianna) in March 1995. In October 1996, Respondent had just resigned her job with the Gadsden County Sheriff's Office and her husband had lost his job. The couple lived in a Tallahassee apartment with Joseph and Brianna. At that time, Respondent had become pregnant with her third child. Because of a difficult pregnancy, which rendered her unable to work and in desperate financial straits, Respondent applied for public assistance benefits from the State of Florida, including food stamps and cash assistance in the form of Aid to Families with Dependent Children (AFDC). Her application was processed by the Tallahassee office of the Department of Children and Family Services (DCFS). Shortly after her benefits were approved, her financial woes were further exacerbated when Graham left the marriage and failed to contribute support for his two minor children. In order to receive public assistance benefits, an applicant must meet all DCFS criteria, including those falling under the categories of income, assets, and technical requirements. Relevant to this controversy is the requirement that child support payments, which are considered a form of unearned income, be fully disclosed by the applicant. Any amount of child support received by an applicant has an effect on how much public assistance an applicant may receive. Further, by law, child support payments received by an applicant while the beneficiary of public aid must be reassigned to DCFS. According to DCFS public assistance specialists who processed such applications in late 1996 and 1997, it was standard procedure to run through a computer check list with all applicants, which included an instruction that the applicants disclose any child support payments. Although none of the specialists could specifically recall their conversations with Respondent, it can be reasonably inferred from the evidence that Respondent was told that she must disclose all sources of income, including child support payments. In addition, the application itself contained a space for disclosing these amounts, and it warned the applicant about the Florida fraud law and the penalties for perjury. On seven applications executed by Respondent between October 22, 1996, and July 28, 1998, she failed to disclose the fact that she was receiving monthly child support payments for Joseph. This resulted in her benefits increasing, and it deprived the State of her monthly child support payments, which should have been reassigned to DCFS. In all, Respondent was overissued $5,080.00 in cash assistance and $2,361.00 in food stamps from November 1996 through November 1998. However, as part of a pre-trial intervention program with the Leon County State Attorney's Office, and with the assistance of a family loan, Respondent promptly repaid all overpayments, and the associated criminal charges were dismissed. In fairness to Respondent, during the first interview with a public assistance specialist in October 1996, Respondent told the specialist that the payments had sometimes been sporadic in the past and that she could not rely on her ex-husband, who had taken her to court five times and had threatened to stop paying support. Respondent says the specialist replied that she didn't need to report the funds if "you absolutely can't count on it." While each of the specialists who testified at hearing denied that they would ever make such a remark, and perhaps these exact words were not spoken, it is fair to infer that Respondent left the interview with the understanding that she would not have to report the income in the event the future support payments were not assured. However, as the regularity of the payments continued during the ensuing months, Respondent should have known that she was under an obligation to report the income. To her credit, though, she advised DCFS when Graham left the household, which resulted in her receiving lower monthly payments. In mitigation, Respondent has been certified as a correctional officer since 1991 and a law enforcement officer since 1992. She is presently employed in good standing as a police officer with a municipality in Gadsden County, a job which requires continued certification. When the illicit conduct occurred, Respondent was facing extraordinary financial and personal problems, including an inability to work due to a difficult pregnancy with her third child, and two small children to support. In addition, her husband had just lost his job, and within a short period of time, he left the marriage without providing financial assistance to his former wife and children. Moreover, at the beginning of the application process, Respondent was under the misimpression that if child support payments were not absolutely assured, then their disclosure was not necessary. Importantly, she has made restitution for all overpayments. Finally, revocation or suspension of the certificates would cause a severe financial hardship on Respondent, who needs certification to continue in her present job, and who must support her family. Only one aggravating factor is applicable, and it is clearly outweighed by the mitigating circumstances. Although Respondent received pecuniary gain from her misconduct, she did not use her position to commit the misconduct nor was she performing other law enforcement duties at the time; there are no prior disciplinary actions taken against her; there was no danger to the public; the severity of the conduct was minimal; the actual "damage" to the public (overpayments) was promptly repaid; and the misconduct was not motivated by discrimination and did not involve domestic violence.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission enter a final order determining that Respondent has failed to maintain good moral character, as charged in the Administrative Complaint, and that her correctional and law enforcement certificates be placed on probation for a period of two years, subject to such terms and conditions, if any, as the Commission may deem appropriate. DONE AND ENTERED this 11th day of August, 2000, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 11th day of August, 2000. COPIES FURNISHED: A. Leon Lowrey, II, Program Director Division of Criminal Justice Professionalism Services Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Michael R. Ramage, General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Gabrielle Taylor, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Harold S. Richmond, Esquire 227 East Jefferson Street Quincy, Florida 32353-0695
The Issue Is it appropriate for Respondent, Department of Revenue, Child Support Enforcement Program, to garnish funds for past due child support reduced to judgment from a joint account pursuant to Section 409.25656, Florida Statutes (2001)?1
Findings Of Fact On December 20, 1985, an Order of Support was issued in Derrick v. Wright in the Hillsborough County Circuit Court; pursuant to this Order, Petitioner was ordered to pay $25.00 per week for the current support of his minor child, Mesheal Lee Wright, born on April 20, 1983, commencing December 16, 1985. On February 10, 1995, a Recommendation of Hearing Officer and a Findings of Fact and Order on Motion for Contempt in Derrick v. Wright were filed in the Hillsborough County Circuit Court, which adjudicated Petitioner’s child support arrearage in the case to be $10,639.02 as of October 7, 1994. On May 11, 1995, a General Findings and Order of Arrest Instanter in Derrick v. Wright was filed in the Hillsborough County Circuit Court, which adjudicated Petitioner’s child support arrearage in the case to be $9,463.02 as of December 31, 1994. On or about May 13, 2002, a Recommendation of Hearing Officer and a Findings and Establishing Arrears in Derrick v. Wright were filed in the Hillsborough County Circuit Court, which adjudicated Petitioner’s child support arrearage in the case to be $16,121.06 as of April 9, 2002, and ordered Petitioner to pay $167.00 per month in liquidation of his arrearage, commencing May 1, 2002. All the arrearage was owed by Petitioner to the custodial parent of the minor child; none of the arrearage was owed to the state. On October 15, 2001, Respondent mailed a Notice of Freeze in an amount up to $16,121.06 to Suncoast by certified mail, return receipt requested, regarding any accounts of Petitioner with the credit union; Suncoast received the Notice of Freeze on October 18, 2001. Suncoast confirmed a freeze on Petitioner’s joint account in the amount of $5,573.95 as of October 18, 2001. The signature card, produced as an exhibit by the Respondent, stipulated that the account was owned as a joint tenancy with right of survivorship by Petitioner and a non- obligor joint account holder, Petitioner's sister. On October 22, 2001, Respondent mailed a Notice of Intent to Levy in an amount up to $16,121.06 to Petitioner by certified mail, return receipt requested; the Notice of Intent to Levy was received and signed for at the Florida State Hospital, Chattahoochee, Florida, on October 23, 2001. The Notice of Intent to Levy advised that a non- obligor joint owner, who claimed to have an equal right to all of the money levied upon in a joint account, had a right to contest Respondent’s action. The non-obligor joint account holder did not file a petition to contest the levy nor did she appear at the final hearing. On or about November 5, 2001, Petitioner filed a Petition-Disputed Issues of Material Fact with Respondent. Respondent sent a Notice of Extension of Freeze in an amount up to $16,121.06 to Suncoast on November 9, 2001. Pursuant to the official records of the Hillsborough County Circuit Court in Derrick v. Wright, Petitioner’s child support arrearage was $16,121.06 as of November 21, 2003. Petitioner and his sister, Sandra W. Russaw, opened a joint account with survivorship rights at Suncoast on November 21, 1997. The Suncoast account had balances of less than $100.00 for 12 of the first 25 months it was open including the five months immediately preceding January 20, 2000, when $3,900.00 was deposited in the account. On December 27, 1999, Petitioner had $3,655.00 deposited in a Resident Trust Account he maintained at the Florida State Hospital, Chattahoochee, Florida. These funds, which were deposited by the U.S. Treasury, were followed by a deposit of $749.00 from the same source. These funds were initial payments to Petitioner for Veteran's Administration benefits. On January 14, 2000, $4,200.00 was withdrawn in the form of a check from Petitioner's Resident Trust Account at the Florida State Hospital. On January 20, 2000, $3,900.00 was deposited in the Suncoast account. Over the next 23 months, from January 20, 2000, to November 31, 2001, $20,538.00 directly attributable to Petitioner was deposited in the Suncoast account. The money was from Veteran's Administration benefits paid to Petitioner by direct deposit. Not surprisingly, upon notification of the Notice of Freeze the monthly checks from the Veteran's Administration stopped being deposited in Petitioner's Suncoast account. On March 8, 2000, $5,000.00 was withdrawn from the Suncoast account, and on July 10 and 20, 2000, $4,990.00 was deposited in the same account. With the exception of the July 2000 deposits, only $1,490.00 in deposits to the Suncoast account are not directly attributable to Petitioner.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that Respondent enter a final order that: (1) levies upon the funds in Petitioner’s credit union account with Suncoast Schools Federal Credit Union, Tampa, Florida, up to the amount of unpaid child support as of November 21, 2003, i.e., $16,121.06, or to the full amount frozen, whichever is less; (2) applies the funds levied to satisfy all or part of Petitioner’s past due child support obligation; and (3) credits Petitioner for the amount so applied. DONE AND ENTERED this 22nd day of January, 2004, in Tallahassee, Leon County, Florida. S JEFF B. CLARK 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 22nd day of January, 2004.
The Issue The issue in this case is whether the Department of Revenue should apply the Petitioner's $2,500 lottery prize to reduce an outstanding Public Assistance Obligation for child support.
Findings Of Fact By a Final Order on Support entered by the Circuit Court, Thirteenth Judicial Circuit, in and for Hillsborough County, Florida, in Case No. 88-20006, on April 9, 1990, nunc pro tunc September 5, 1989, it was established that the Petitioner was the father of a child born out of wedlock on May 13, 1983, and that he owed the State a Public Assistance Obligation in the amount of $8,249 for AFDC paid to the mother for the support of the child prior to the Final Order of Support. The court ordered the Petitioner to pay $6.37 a week towards the Public Assistance Obligation and $48.96 a week for current child support. The Petitioner has met these court-imposed obligations. Notwithstanding having met the court-imposed obligations, and the intercept of an IRS income tax refund that reduced the remaining balance, $3,761.57 remained to be paid on the Public Assistance Obligation as of August 14, 1998.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Revenue enter a final order certifying that the Department of Lottery should pay the Petitioner's $2,500 lottery prize to the Department of Revenue for application to the Petitioner's outstanding Public Assistance Obligation. DONE AND ENTERED this 8th day of September, 1998, in Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 COPIES FURNISHED: John Reynolds 1707 Walnut Street Tampa, Florida 33607 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 8th day of September, 1998. Chriss Walker, Senior Attorney Department of Revenue Post Office Box 8030 Tallahassee, Florida 32314 Louisa Warren, Esquire Department of Lottery 250 Marriott Drive Tallahassee, Florida 32301 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
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
Findings Of Fact Mr. Clinton Williams won a prize of $3,839.50 on a $1.00 wager in the Lotto game for October 12, 1991. Based upon a letter to the Department of the Lottery from Chriss Walker, the Acting Assistant Secretary for Child Support Enforcement. The Office of the Comptroller found that Mr. Williams owed $3,250 as back due child support. That amount was deducted from his winnings and on November 8, 1991, a state warrant in the amount of $589.50 was delivered to Mr. Williams. The arrearage arose because an error had been made in the child support enforcement division of the State Attorney's Office in Miami. An income deduction order had been entered against Mr. Williams by the family division of the Circuit Court in Dade County Florida on September 27, 1990, but no money was ever deducted from Mr. Williams' pay. When the Department of Health and Rehabilitative Services checked Mr. Williams' record after he submitted the winning ticket, the error was discovered. As a result, in January 1992 the award was modified obligating Mr. Williams to continue to pay $252 per month in child support, and to pay an additional $100 per month to pay back child support due under the September 27, 1990 order. In addition, the order entered by the Circuit Court on January 13, 1992, provides, in paragraph 14: The lottery winnings that are currently being withheld in Tallahassee shall be released to the Petitioner [the child's mother] immediately. Based on the order of the Circuit Court, there is no doubt that Mr. Williams is indebted for back child support. No error occurred in the interception of his lottery winnings to satisfy his obligation for that past-due child support.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petition for Formal Proceeding filed by Mr. Williams be dismissed. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 7th day of May 1992. 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 7th day of May 1992. COPIES FURNISHED: Karrin R. Boehm-Alman, Esquire Law Offices of Maurice M. Diliberto 28 West Flagler Street Suite 600 Miami, FL 33130 Bridget L. Ryan, Esquire Office of the Comptroller Suite 1302, The Capitol Tallahassee, FL 32399-0350 Louisa H. Warren, Esquire Department of the Lottery 250 Marriot Drive Tallahassee, FL 32301 Chriss Walker, Esquire Department of Health and Rehabilitative Services 1323 Winewood Boulevard Building One, Room 407 Tallahassee, FL 32399-0700 Honorable Gerald Lewis, Comptroller Department of Banking and Finance The Capitol, Plaza Level Tallahassee, FL 32399-0350 William G. Reeves, General Counsel Department of Banking and Finance Room 1302, The Capitol Tallahassee, FL 32399-0350
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 issues for determination are: (1) whether Petitioner is delinquent in child support payments; and (2) whether Respondent is authorized to levy Petitioner's two bank accounts and apply the funds to reduce Petitioner's past due child support obligation.
Findings Of Fact Based on the evidence and testimony of the witnesses presented and the entire record in this proceeding, the following Findings of Fact are made: Petitioner is the father of a child born in Connecticut in 1986. On May 2, 1990, a Connecticut court ordered Petitioner to pay child support of $72.00 per week for the support of his child. The court also found that Petitioner had a child support arrearage of $3,797.11 and ordered that he pay an additional $15.00 per week to reduce the arrearage. Petitioner moved to Florida in early 1994. On November 13, 2001, the Clerk of the Circuit Court of Manatee County, Florida, received a request from the State of Connecticut to register and enforce a foreign support order against Petitioner. The adjudicated arrearage in child support was $25,179.87, as determined by the State of Connecticut. On December 11, 2001, Petitioner was sent a Notice of Registration of Foreign Support Order. The notice, sent by certified mail, was received at Petitioner's then current residence address. On January 23, 2002, an Order Confirming Registration of Foreign Support Order was entered; Petitioner was ordered to pay $90.48 per week beginning January 25, 2002. On July 12, 2007, the State of Connecticut certified that as of July 12, 2007, Petitioner had a $23,853.56 child support arrearage. Petitioner stipulated that the child support arrearage was at least $23,000.00. On September 8, 2006, the Department sent a Notice to Freeze to the Bank of America; on the same day a Notice of Freeze was sent to Regions Bank. In the notices, sent by certified mail, the Department advised the banks to hold up to $25,725.26 of Petitioner's funds until further notice. Bank of America responded indicating that Petitioner had $1,270.95 in his account; Regions Bank reported $591.42. On September 15, 2006, the Department sent two Notices of Intent to Levy by certified mail to Petitioner. The notices provided, in pertinent part, the following: You are hereby notified that pursuant to Section 409.25656, Florida Statutes, the Department of Revenue intends to levy on credits or personal property belonging to the obligor named above [Petitioner], or debts owed to the obligor. This property consists of liquid assets and is in the control of [appropriate bank]. This action is taken for nonpayment of child support by the obligor in the amount of $25,725.26 as of [appropriate date]. You are hereby notified that you may contest the agency's action to levy on the above referenced property. You may do so by either filing a petition in the existing Circuit Court case, . . . or by requesting an administrative hearing. If you wish to request an administrative hearing, you must file your petition for hearing, in writing, in accordance with the Notice of Rights attached to this Notice. Although Petitioner testified that he did not receive the notices, neither was returned by the postal service. On October 2, 2006, Petitioner filed a Petition for Administrative Hearing (Petition), in response to each Notice of Intent to Levy. In October 2006, the Department issued and sent Notices of Extension of Freeze to each bank indicating that Petitioner was challenging the Notices of Intent to Levy. The monies on deposit in each bank were the result of payments received by Petitioner for his labors as a lawn caretaker.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent, Department of Revenue, enter a final order that: (1) levies an amount up to $23,853.56 in each of the Petitioner, Michael K. Dugdale's, two bank accounts at Bank of America, N.A. and Regions Bank; (2) applies the funds to reduce Petitioner's past due child support obligation; and (3) credits Petitioner for said payment. DONE AND ENTERED this 18th day of October, 2007, in Tallahassee, Leon County, Florida. S JEFF B. CLARK 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 18th day of October, 2007.
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
