69I-21.004. Recovery of Nonsalary Sums Due the State from State Officers and Employees

(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.

Specific Authority 17.29 FS. Law Implemented 17.04, 215.34 FS. History–New 1-8-86, Formerly 3A-21.04, 3A-21.004.