Senate Bill 0682

CODING: Words stricken are deletions; words underlined are additions.


    Florida Senate - 1998                                   SB 682

    By Senator Ostalkiewicz





    12-502-98                                               See HB

  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, 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

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 682
    12-502-98                                               See HB




  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, 1999. 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, 1999, 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, pro rata, based upon the ratio of the

26  individual debt to the remaining debt owed to the state.  If a

27  balance of lottery prize remains after payment of all such

28  debts, the remaining lottery prize amount shall be transmitted

29  to other agencies reporting payment of public assistance, pro

30  rata.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 682
    12-502-98                                               See HB




  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 that 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, are amended, and subsection

18  (11) is added to that section, to read:

19         414.28  Public assistance payments to constitute debt

20  of recipient.--

21         (1)  CLAIMS.--The acceptance of public assistance

22  creates a debt of the person accepting assistance, which debt

23  is enforceable only after the death of the recipient or upon

24  receipt of a lottery prize of $1,500 or more.  The debt

25  thereby created is enforceable only by claim filed against the

26  estate of the recipient after his or her death or by suit to

27  set aside a fraudulent conveyance, as defined in subsection

28  (3), or as specified in s. 24.115(4). After the death of the

29  recipient and within the time prescribed by law, the

30  department may file a claim against the estate of the

31  recipient for the total amount of public assistance paid to or

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    Florida Senate - 1998                                   SB 682
    12-502-98                                               See HB




  1  for the benefit of such recipient, reimbursement for which has

  2  not been made.  Claims so filed shall take priority as class 7

  3  claims as provided by s. 733.707(1)(g).

  4         (2)  DISCHARGE OF DEBT.--The debt created by this

  5  section shall be discharged as specified in s. 24.115(4) or

  6  pursuant to s. 733.710 unless the department institutes

  7  probate proceedings as a creditor, files a timely claim

  8  against the estate of the debtor, or institutes a suit to set

  9  aside a fraudulent conveyance as defined in subsection (3).

10         (6)  NOTICE.--The department shall notify all persons

11  receiving or applying for public assistance that all public

12  assistance grants paid constitute a claim against the estate

13  or lottery winnings of $1,500 or more of each recipient.  The

14  notice may be given by letter mailed to the last known address

15  of each recipient, but the failure to give such notice does

16  not affect the validity of the claim.

17         (8)  DISPOSITION OF FUNDS RECOVERED.--Except for funds

18  collected pursuant to s. 24.115(4), all funds collected under

19  this section shall be deposited with the Department of Banking

20  and Finance and a report of such deposit made to the

21  department.  After payment of costs the sums so collected

22  shall be credited to the department and used by it.

23         (11)  The department shall provide a record of amounts

24  withheld under this section to the Child Support Enforcement

25  Program of the Department of Revenue. Such record shall

26  contain the claimant's name, social security number, any

27  public assistance family number, and any amount retained

28  toward public assistance.

29         Section 3.  This act shall take effect October 1, 1998.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 682
    12-502-98                                               See HB




  1            *****************************************

  2                          SENATE SUMMARY

  3    Provides for deductions from prize proceeds accruing to a
      person who has won a lottery prize of more than $1,500
  4    when that person has been a recipient of public
      assistance.
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