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House Bill 1407c1

Florida House of Representatives - 1997 CS/HB 1407 By the Committee on Regulated Services and Representative Rodriguez-Chomat 1 A bill to be entitled 2 An act relating to the state lottery; amending 3 s. 24.115, F.S.; providing for reducing prize 4 amounts to certain persons who receive public 5 assistance under certain circumstances; 6 providing for deducting overpayments from 7 public assistance payment under certain 8 circumstances; providing for agency 9 responsibility for identifying certain 10 recipients of public assistance; providing for 11 disposition of remainders of lottery prizes 12 under certain circumstances; providing immunity 13 from liability to state agencies under certain 14 circumstances; defining "public assistance"; 15 amending s. 414.28, F.S.; conforming provisions 16 relating to public assistance payments; 17 providing reporting requirements; providing an 18 effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (4) of section 24.115, Florida 23 Statutes, 1996 Supplement, is amended to read: 24 24.115 Payment of prizes.-- 25 (4)(a) It is the responsibility of the appropriate 26 state agency and of the judicial branch to identify to the 27 department, in the form and format prescribed by the 28 department, persons owing an outstanding debt to any state 29 agency or owing child support collected through a court. Prior 30 to the payment of a prize of $600 or more to any claimant 31 having such an outstanding obligation, the department shall 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1407 615-105-97 1 transmit the amount of the debt to the agency claiming the 2 debt and shall authorize payment of the balance to the prize 3 winner after deduction of the debt. 4 (b) It is the responsibility of the appropriate state 5 agency to identify to the department, in a form and format 6 prescribed by the department, persons who have received any 7 public assistance on or after January 1, 1998. Prior to the 8 payment of a prize of $1,500 or more to any claimant 9 identified as receiving any public assistance on or after 10 January 1, 1998, the department shall reduce the amount of the 11 prize by the lesser of one-half of the total amount of the 12 prize prior to any deductions or the total amount of such 13 public assistance received, shall transmit such amount to the 14 agency reporting the payment of the public assistance, and 15 shall authorize payment of the balance to the prize winner 16 after deduction of the amount of the public assistance. 17 (c) If a prize winner owes multiple debts or has 18 received public assistance subject to offset under this 19 subsection and the prize is insufficient to cover all such 20 debts or public assistance, the amount of the prize shall be 21 transmitted first to the agency claiming that past due child 22 support is owed. If a balance of lottery prize remains after 23 payment of past due child support, the remaining lottery prize 24 amount shall be transmitted to other agencies claiming debts 25 owed to the state, on a pro rata basis, based upon the ratio 26 of the individual debt to the remaining debt owed to the 27 state. If a balance of lottery prize remains after payment of 28 all such debts, the remaining lottery prize amount shall be 29 transmitted to other agencies reporting payment of public 30 assistance, on a pro rata basis. 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1407 615-105-97 1 (d) If any error in payment is made pursuant to 2 paragraph (b) constituting an overpayment to a person who 3 receives public assistance, the amount of the overpayment 4 shall be deducted from future public assistance payments to 5 such person. 6 (e) A state agency shall not be subject to any 7 liability in the event of any mistake which may occur in any 8 determination made under paragraph (b) or for any damages if a 9 person brings an action against an agency for identifying the 10 person as a recipient of public assistance. 11 (f) For purposes of this section, "public assistance" 12 includes all payments of money made to or on behalf of a 13 recipient, including, but not limited to, assistance received 14 under chapter 414, the Medicaid program, and mandatory and 15 optional supplement payments under the Social Security Act. 16 Section 2. Subsections (1), (2), (6), and (8) of 17 section 414.28, Florida Statutes, 1996 Supplement, are 18 amended, and subsection (11) is added to said section, to 19 read: 20 414.28 Public assistance payments to constitute debt 21 of recipient.-- 22 (1) CLAIMS.--The acceptance of public assistance 23 creates a debt of the person accepting assistance, which debt 24 is enforceable only after the death of the recipient or upon 25 receipt of a lottery prize of $1,500 or more. The debt 26 thereby created is enforceable only by claim filed against the 27 estate of the recipient after his death or by suit to set 28 aside a fraudulent conveyance, as defined in subsection (3), 29 or as specified in s. 24.115(4). After the death of the 30 recipient and within the time prescribed by law, the 31 department may file a claim against the estate of the 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1407 615-105-97 1 recipient for the total amount of public assistance paid to or 2 for the benefit of such recipient, reimbursement for which has 3 not been made. Claims so filed shall take priority as class 7 4 claims as provided by s. 733.707(1)(g). 5 (2) DISCHARGE OF DEBT.--The debt created by this 6 section shall be discharged as specified in s. 24.115(4) or 7 pursuant to s. 733.710 unless the department institutes 8 probate proceedings as a creditor, files a timely claim 9 against the estate of the debtor, or institutes a suit to set 10 aside a fraudulent conveyance as defined in subsection (3). 11 (6) NOTICE.--The department shall notify all persons 12 receiving or applying for public assistance that all public 13 assistance grants paid constitute a claim against the estate 14 or lottery winnings of $1,500 or more of each recipient. The 15 notice may be given by letter mailed to the last known address 16 of each recipient, but the failure to give such notice does 17 not affect the validity of the claim. 18 (8) DISPOSITION OF FUNDS RECOVERED.--Except for funds 19 collected pursuant to s. 24.115(4), all funds collected under 20 this section shall be deposited with the Department of Banking 21 and Finance and a report of such deposit made to the 22 Department of Children and Family Health and Rehabilitative 23 Services. After payment of costs the sums so collected shall 24 be credited to the Department of Children and Family Health 25 and Rehabilitative Services and used by it. 26 (11) The department shall provide a record of amounts 27 withheld under this section to the Child Support Enforcement 28 Program of the Department of Revenue. Such record shall 29 contain the claimant's name, social security number, any 30 public assistance family number, and any amount retained 31 toward public assistance. 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1407 615-105-97 1 Section 3. This act shall take effect October 1, 1997. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5