Fla. Admin. Code Ann. R. 12E-1.011 - Lottery Intercept
(1) Pursuant to
Section 24.115(4),
F.S., the Department will intercept the Florida lottery prize of any obligor
who owes past-due support and who claims or is awarded a lottery prize or a
portion of a lottery prize equal to or greater than $600. The prize is applied
toward any past-due support or costs owed by the obligor for a Title IV-D case,
not to exceed the amount owed.
(2)
Definitions. As used in this rule:
(a)
"Obligor" means a person responsible for making payments pursuant to an order
establishing, enforcing, or modifying an obligation for child support, spousal
support, or for child and spousal support when enforced by the
Department.
(b) "Past-due support"
means the amount of support owed pursuant to an order for child support,
spousal support, or for child and spousal support when enforced by the
Department that has not been paid. Also included in past-due support are
amounts owed to the Department for court or administrative costs.
(c) "Department" means the Department of
Revenue.
(3)
Certification of Past-Due Support. The Department certifies all parents who owe
a past-due amount for lottery intercept. Prior to the payment of a prize to any
obligor owing past-due support, the Department of the Lottery will verify the
information provided by the Department to determine if past-due support is
owed. Upon the request of the Department of the Lottery, the Department will
provide written certification that the obligor owes past-due support and
specify the amount owed. Upon receipt of such written certification from the
Department, the Department of the Lottery will transmit the prize money, not to
exceed the amount certified as past-due support, to the Department.
(4) Notification of Intercept.
(a) The Department will notify the obligor by
regular U.S. mail, that the prize money is being intercepted and will be
applied to the balance of past-due support. The Notice of Intent to Deduct
Lottery Winnings (CS-EF160), incorporated herein by reference, effective 07/22,
(http://www.flrules.org/Gateway/reference.asp?No=Ref-14345)
will be sent to the address provided by the obligor to the Department of the
Lottery. The obligor may request an administrative hearing as set forth in
Chapter 120, F.S., to contest a mistake of fact about the amount of past-due
support or the identity of the obligor.
(b) If a petition for administrative hearing
is not received within 21 days of receipt of the notice specified in paragraph
(4)(a), the prize received from the Department of the Lottery will be applied
to the obligor's past-due support.
(c) To request an administrative hearing, the
obligor will file a petition for an administrative hearing with the Department
of Revenue, Child Support Program, Deputy Agency Clerk, P.O. Box 8030,
Tallahassee, FL 32314-8030, within 21 days of receipt of this notice. If a
petition for administrative hearing is not received within 21 days of receipt
of this notice, the obligor will be considered to have waived the right to a
hearing and the intercept will be applied to the obligor's past-due support
obligation. Administrative hearings will be conducted pursuant to Chapter 120,
F.S.
(5) Application of
Lottery Prize when Obligor owes Past-Due Support on Multiple Cases. If the
obligor owes past-due support on more than one Title IV-D case, the prize is
applied to each case based on the ratio of the past-due amount for each
individual case to the total past-due support owed by the obligor for all Title
IV-D cases. When past-due support is satisfied on all cases, the prize is
applied to unpaid costs on each case based on the ratio of the unpaid costs for
each individual case to the total unpaid costs owed by the obligor for all
Title IV-D cases.
Notes
Rulemaking Authority 409.2557(3) FS. Law Implemented 24.115(4) FS.
New 6-17-92, Amended 7-20-94, Formerly 10C-25.008, Amended 1-23-03, 9-17-18, 11-12-20, 6-9-22.
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