Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69I - Division of Accounting and Auditing › Chapter 69I-21 - AUDIT AND ADJUSTMENT OF ACCOUNTS AND RECOVERY OF ACCOUNTS RECEIVABLE › Section 69I-21.004 - Recovery of Nonsalary Sums Due the State from State Officers and Employees

Current through Reg. 50, No. 138; July 16, 2024
(1) It is the purpose and intent of this rule
				to provide a procedure for the recovery of nonsalary sums due the state from
				any state officer or employee. Sums due the state under this rule may include,
				but are not limited to, delinquent accounts receivable, payment for the
				reasonable value of state property entrusted to an employee and not returned or
				otherwise accounted for, bad checks, etc. The debt or obligation may be due any
				agency and the state officer or employee may be a member of the staff of that
				agency or of any other branch or agency of state government.
(2) Each state agency due any sum from a
				state officer or employee is responsible for initiating recovery of such sum.
				Involuntary deduction from wage payments shall be considered as an extreme
				remedy and shall be used only where other reasonable efforts have failed.
				Initiation of recovery shall begin with discussions between the state officer
				or employee and the agency, either written or oral. Such discussions shall
				include advice to the officer or employee that the agency can and will seek
				involuntary wage deductions unless an agreement as to voluntary payment or
				deduction from wages can be reached within a reasonable time. Two months shall
				be deemed to be a reasonable time unless the state officer or employee requests
				an administrative hearing in accordance with subsection (8). It is acknowledged
				that a state officer or employee may be unable to refund the exact amount in a
				lump sum. If the individual agrees to refund equitable partial amounts over a
				limited period of time, the agency may draft a promissory note with a proposed
				schedule of payments or wage deductions and must submit such note and schedule
				with supporting documentation to the Department for approval. If the note and
				proposed schedule of payments or wage deductions is approved by the Department
				then and only then is the agency authorized to accept or deduct from wages
				partial amounts over a limited period of time until the exact amount due the
				state has been recovered. If the note and proposed schedule of payments or wage
				deductions is not approved, the Department will return the note and schedule
				giving reasons for the disapproval.
(3) Any voluntary repayment or wage deduction
				schedule must be cost-effective before it will be approved by the Department.
				No payroll deduction or repayment of less than $25 per pay period or repayment
				period exceeding two years will normally be acceptable under this
				rule.
(4) The debt repayment may be
				paid by the state officer or employee by money order, certified or cashier's
				check, or payroll deduction from wages. If an agency accepts a personal check
				which is returned by the Division of Treasury for collection, it will be the
				submitting agency's responsibility to collect and deposit the service fee as
				provided by section  215.34(2),
				F.S., or other applicable law.
(5)
				If the agency determines that an agreement as to voluntary payments or wage
				deductions as specified in subsection (2), above, cannot be reached with the
				state officer or employee, the agency shall so notify the Department in writing
				and request involuntary salary or wage deductions in payment of such debt. The
				Department will then initiate such repayment schedule as it deems
				equitable.
(6) An agency's request
				to the Department to initiate involuntary wage deductions must be in writing
				and all pertinent and necessary information as well as copies of any judgment,
				final order, returned check, correspondence, etc. should be furnished to the
				Department in order for the Department to reach its own conclusions as to the
				amount due, compliance with due process, etc. Such request must be approved by
				the requesting agency head who may delegate such approval to persons at no less
				than the Division level or its equivalent. Such request must also be approved
				by a member of the legal staff, if any, of such agency.
(7) When the Department initiates a repayment
				schedule pursuant to subsection (5), it will so advise the state officer or
				employee's agency and that agency shall then be responsible for reflecting the
				deduction as so initiated in its periodic payroll schedule.
(8) No salary deductions under this rule will
				be made unless the requesting agency has first complied with the due process
				requirements of the federal and state constitutions and with section
				 120.57, F.S. Such due process
				requirements do not relate to salary deductions, which are based on the common
				law right of set-off (not garnishment), but rather to a determination of the
				amount due. Should there be any question concerning the amount of the debt, the
				agency should first conclude an appropriate court proceeding or a hearing
				(either formal or informal) under section
				 120.57, F.S., if requested by
				the state officer or employee.
Rulemaking Authority
					 17.29 FS. Law Implemented
					 17.04,
					 215.34
					 FS.
New 1-8-86, Formerly 3A-21.04,
					 3A-21.004.