Season 3 - Episode 10 - FLORIDA Unconstitutional. 1099 Independent Worker Do Not be Blinded By The Sun.

FLORIDA Unconstitutional. 1099 Independent Worker Do Not be Blinded By The Sun.
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Introduction:

Chris H  0:06  
Welcome. Today we will review the state of Florida and how they administer the Tel 40 program. We reviewed other states, we reviewed the state of Texas and feel free, feel free to review those videos. Let's get started. Hello, my name is Chris. And in this episode, we're reviewing the state of Florida and the administration of a title for the program and processes and how it comes into conflict with your rights. As always, we here we review statute, laws and codes under what we call our non lawyer Maxim, which is NAACP versus NAACP versus buttons which says educational law should not be licensed by any state. So on the screen, we have the 2018 numbers or financials from the title for the program, as its designated by Congress, as you know, all the programs have to report their financials to the budget office. So here it states that floor that the telephony program generated or collected $28.5 billion as well as for the same year 2018. They paid out to families, which are basically mothers and children. 27 point 4 billion. 

Well, here's a question. And a quick math 28.5 and you subtract 27.4 is a billion dollars missing. In order to review for this statue, we decided to take the presentation as presented the title for the agency in Florida, as opposed to us creating our own slides, and then we'll examine it and raise some questions. As we said, we did the state of Texas and whether you live in Texas or not. It's nice to review the program because again, these are government programs. You should know what what's going on how its functioning in another state. We are working on a video for the state of Florida. It's still in development, and we will continue to do our research. In the meantime, to be notified when the California program is released. We're asking that you subscribe to our channel as well as hit the notification bell as well. So let's look at the title for the program for Florida in their presentation that's on the screen there stating that it's a federal law. 

And it falls under Title 42 USC 651 and on Yes, that is this. That is the program itself. So here's our first opinion. The officer child support enforcement ocse as Congress designated or delegated under Department of Health and services, and that it is administered by that department, and it's a single and separate organization. So let's continue with the slide. It says here. What is title for D under Florida. Under Florida first item here it says the title for the child support court is a specialized court dealing only with child's what matters involving Florida Department of Revenue. 

Well, here's the first question. There is no such thing as a title for the court. There's only one court system which is an article three court in the United States, as managed by the nine justices on United States Supreme Court, there is no title for the court. Next, it says that under the 12 Judicial Circuit, which is Florida, the counties are presided over by a child support hearing officer and that falls under Family Law 12.491. So the hearing office, the hearing officers elected to preside over your child support case, and then he or she recommends what recommendations are sent to a circuit court judge to review. And then if the circuit court judge reviews and agrees and signed it, then it becomes a court order. So basically what this is saying is that the child support hearing officer is not a judge. But they're presiding over the your case law as if they were a judge. The second part of that is, the judge reviews it. There's no word statute, we

Chris H  5:05  
found that the judge can reject it. So a similar situation occurs in New York in the state of New York. However, they're not called hearing. They're called support magistrates. And the function of the saying they are lawyers. In the case of New York, it's tool 5.32 is the state statute, and they're hired as, as attorneys. However, their functions are non judicial. They're not sort of public accountants, they're not tax repairs, they're not bookkeepers, and they're not financial advisors. Well, how can a hearing officer or support magistrate sits over financial instrument and they do not have a license to practice? Well, that's fraud. As we asked in the beginning of the video, is Florida operating a fraudulent program? 

Well, it requires further review. Now, number two here on a screen is support magistrate or quasi judges or hearing officers, we said that you can sue them in court for what practicing without a license, we got this information from is called the Department of Justice letter, dated 2016. Yes, we understand that the letter was rescinded. However, there still valuable information in that document. And here, number two is support magistrate and quasi judges can be sued. We have a video on this as well. And please feel free to review that. So our opinion number two, when a state official administering a federal funding program, that state official is still acting under the color of state law. 

That is tongo vs. usery. Ninth Circuit, as well as the hearing officers and magistrate cannot create enforceable court orders because why it has to go to a circuit court judge, because this process of violates the 14th amendment. We have a video on this channel called the color of law. We ask that you review that. Now. Yes, we understand that many statements out there says they don't like the form, the form, the color of law form doesn't have any effect. Well, we have a different approach to it. And you'll find at least at the end of the video. So this is our section, what we said it's a call to action, where we raise certain questions, and then we provide remedies for you to use in your court case. And where we start is this 42 us code 652, which is the duties of the secretary, which basically established the Office of Child Support? Well, here's a question to raise which is a jurisdictional question. The Department of Revenue manages the child also child support? 

Well, that's not a separate agency. That's a government agency that reports to the governor. Likewise, the Department of Health and services oversees the telephony program. Well, does that mean that the Department of Revenue reports, both into the governor and into department services one level below, let's see what the remedy is at the end. So to continue with the slides, the Department of Revenue is involved in any case, because as it says here on the chart for collecting and enforcing child support, the DLR, as it's called, is in your case, because either you have requested the father, their services, or the parent with the child is a recipient of public benefits such as food stamp, Medicaid, state cash assistance, and so forth. We'll use a problem with that quit with that statement. Do you see the issue? It says, If you requested services, what if you didn't request services? And your ex or spouse is not on the program? 

Then how are you involved in child support? It says here that you requested it? What if they forced her to accept the services? Well, that's a question. So let's move to what we call Sarasota and DeSoto counties. The Office of the Attorney General acts as legal counsel for the do our department revenue. So here comes another constitutional question. How can the Attorney General's Office be reporting to the governor and they reporting to the town for the office, which falls under the Department of Health, which they report to as well? In Manatee County, the clerk provide their own attorney so they provide outside attorney within that accounting. So that again, these are questions to be raised in your case.

Chris H  9:58  
So here's my opinion number Three, we reviewed Florida statute 409 dot 2564 is called action for support. Section four reads, whenever Department of Revenue has undertaken an action for enforcement of support, Department of Revenue, may enter into an agreement with the obligor. For the obligor. The name, the definition of obligor is another made up name for fathers under the title for the program and agreement with the obligor for the NGO with judgment determining paternity and support. 

And the obligor shall be informed and a judgment will be entered based on the agreement. The clerk shall file the agreement without any payments into the court system into the court as a judgment and then send a copy of that judgment to the parties and the action. So let's unpack this for a second. So in order for the DLR revenue department revenue to be involved, they may enter an agreement. Well, which is it? Is it you have an agreement or you don't have agreement? may may may, to me, refers to voluntary? 

What if you volunteer you do not want to be have an agreement with the Florida revenue? Does that mean they can bring a case against you in in court and family court? Next, it says that you should be notified and informed that the agreement which you're supposed to sign will be entered as a judgment will wait. Shouldn't adjournment be presided over by a judge of a circuit court again, because hearing officers cannot make judicial orders. 

So that's a problem with the statement. Next, it says a copy of that should be sent to the parties. So basically, what you're saying is you there is an agreement in which you are may sign and it will turn into a judgment. And again, what if you don't want to sign it or don't agree to it? What's next? The next slide it says here that 40 the title for the program, which is called the state disbursement unit, or SDU. Well, it's not called SDU. It's called Department of Revenue, right? says you're responsible for the payment. Okay, alright, so they've now they've decided to change the name of it from Department of Revenue to the SD u unit. On the screen here we have what we call blessing versus Freestone. It's a famous case, if we often quote here on the channel, it says that the title for the program has nothing to do with the parents or the child. It's simply just a measuring system for the secretary. 

And whether it benefits anyone else, it doesn't matter. So again, we're instituting a child support program that doesn't benefit the parents. And it's a an agreement that one may enter into. So here's my opinion on number four. Again, we go into the Florida statute 409. This time we review section five says here, whenever the department has undertaken action to determine paternity, or establish support, right, the department shall be a party to the action only for those purposes allowed under Title 40 of the Social Security Act, the program attorney shall be the attorney to record solely for the purpose of Support Enforcement. 

Further, the attorney client relationship exists between the department and the legal services provided in title four D and they do not represent the obligation which is the mother, another name created or the family. Okay, so blessing versus Freestone was correct. title for D was net was never meant for the parents. So how does the permanent revenue gain jurisdiction? They just create the case. Again, that's a question to be answered. And here's something interesting that we found out we have a video on this if you're a 1099 a worker you cannot use the Department of revenues for child support. In fact, you're not covered under the jurisdiction of child support. review that video. Next on the slide, it says here that if you cannot earn enough to pay the child support, then the Department of Revenue can force you into what is called a job training program.

Chris H  14:58  
And here it says here on the screen. Paying the minimum of 30 jobs. In other words, applying for 30 jobs every 30 days, and you keep a record of it. And oh, by the way, if you can't pay or they impute the income, well, we just force you to get another job. That's what this is saying in the presentation. Next, it says, What if you don't pay or you can't pay for not ability to pay? Well, you can be brought in to, again, Family Court, on a civil contempt hearing. We're in as we're willful non compliance with the support order can lead to the county jail, basically, this lock you up if you can pay, and again, if you can't pay, we're expecting you to get additional job or liquidate your assets. It says here before what happens in the hearing officer may require our board to sell assets of value to pay the proceeds in a lump sum towards child support. This is called a purge. 

Here's my opinion number five, again, we go to the statue, but this time, we'll look at section six and Section seven. Section six reads. The officers employees agents are acting in pursuant up to the contract again, the contract that they signed with the department are immune from liability for tort and for actions taking. Not according to the law. You're not a judicial officer. And so how can you have immunity only judicial officers have immunity? So this statement is false. It's wrong. Also, the director of department or the director's designee is authorized to issue a subpoena to any person for financial information. Well, who is this designee? Remember, in some counties is the Attorney General and the attorneys. And sometimes it's the outside counsel. 

So who's that designee? You need to ask that question? Who are we talking to? What is this person? What are their functions? That's a question to be raised. And we recognize that this is an issue well, we call Know Your Rights. We have a video on this on this channel called Know Your Rights. So this is a United States Supreme Court case, it's called Manal vs. New York Department of Social Services. The justices says that it's through lawsuits against state officers, that state compliance with federal law is achieved. The availability of ex parte young gives life to the supremacy clause. And there can be no doubt that title 42 1983 was intended to provide the remedy against those who violated federally protected rights. So you can sue all those folks within the title 4D, whether they work for the attorney general's office or not. And on the statute of mn sorry, under the case law, mon alvers, in New York City and Department of Social Services. So here's one of the challenges on the ex parte young, it's called challenge jurisdiction. Who are you fighting? Who are you attacking? Is it the Office of Child support staff?

 Or is it Attorney General acting as legal counsel? Or is it outside counsel, you need to know that in other words, if you are not screaming jurisdiction, when they drag you or force you into that room, then you're losing your opportunity for a challenge. So here's our opinion, my opinion number six, in the case called hoberg vs homework out of Minnesota, and they were referencing the case law nealon vs. clim Clearwater Memorial Hospital. It says, an administrative agency lacks subject matter jurisdiction to the side a constitutional issue because those questions are within exclusive province of who should the additional branch makes sense. But it goes on to say, although precluded from raising constitutional issue in an administrative proceeding proceedings, you can commence an action or by a motion in a district court to raise any issues outside the jurisdiction of the administrative process. That is, if you feel your constitutional rights are violated, you can bring an action against a child 4D. They are not covered by immunity. We just reviewed more now versus department of services for New York. The Justice has said the exact same thing. No, they're not covered by judicial immunity. They can be sued. Here's another case. This one is out of Nashville, Tennessee.

Chris H  19:56  
These group of mothers sued Mr. Victor Johnson. The third was the Attorney General regarding the title for the program. But on page two, where the judge wrote that, Mr. Johnson, well, under the contract services of the title for D, when his case started, well, the contract expired. 

And therefore, they no longer have what is called, is a party to the case. So clearly in this lawsuit, they sued the attorney general. So the issue that somehow the Attorney General is immune from lawsuit when they're acting as legal counsel, that's a false statement. So let's get back to the presentation from the Florida child support. Here it says, if you don't have an attorney, you can request one. 

However you need if you request a hearing, or you need an attorney or you're operating, you know, on your own fill out form See, and the reason for including this into our into our presentation is when you request challenges, or you serve court papers, please ensure that you serve all designated parties. 

That includes the mother, that includes the Attorney General acting as legal counsel, always remember to serve everyone, or else your papers will be ignored. So this brings us to what is called a notice of claim a notice of claim is basically, it's a notice of intention to file a claim or lawsuit against the state or its employees in almost all the states as required. Except if you file a 1983 in federal court, you may not even may not have been may not be required. 

But in state court, even if you file a 1983 and those of clay. So here's where the color of the color of law form comes in? Well, this is fraud upon the court, we feel what Florida is doing is this fraud upon the court, this is how the color of law comes in, just take the text off of the form and put that into your claim. It's the it's not the pate piece of paper that moves our laws. It's a statute, it's the new codes. 

That's what it is. So that's one way to use the code of law form. It also says that a judge is a judge or hearing loss is liable for injury caused by a ministerial Act, which is to have immunity, he must be performing a judicial function again, export to young. So therefore, title 4d is not a judicial program, as managed as administered by the Department of Revenue, or what they're calling the, the support unit. So here we are, but our call to action section, as he said, we give you remedies. So we suggest, again, you can get the copy of Department of Justice letter, as well as the CO l form. 

We also in your paperwork as for the contract from the attorney general or the attorneys on the case. And your remedy, you challenge the jurisdiction of the state your challenge jurisdiction of the Attorney General. It says here in every defense in law or fact, to a claim for relief in a pleading must be asserted in a responsive manner. If it's required, that is jurisdiction. In addition to your paperwork, you should review or include 42 us code 652, which is the duties of the secretary. 

We also suggest that you review 45 CFR 302 point three four that covers the cooperative agreement, what sort of agreement is being made by the attorneys in the case. Next, review the Florida Statutes 409 to 5464. co option for support. And the reason for this, whether you create your own documents, or you purchase a pack of templates, or you download a template from anywhere, ensure that you match the information from the state code to include in your paperwork and not just put your name on the document and submit that. 

And finally, with all the confusion, and the constitutional issues is to leave the program work on leaving the program. So if you disagree with it or agree with any of our comments, please feel free to email us. Next,

Chris H  24:47  
we ask that you subscribe to our channel as well as hit the notification bell. When we release the next video then we will send out notification to you. We also ask for a small donation have approximately $25 or any amount that just put towards our research so that we can bring you more videos. Again, you could review the, the Google or the internet for all of these case laws and spend hours locating them, then spend the time and review them. What we have done is we did all that work for you and present them to you. 

So basically, we've given you the case laws you need. We've given you some of what our suggestions are. And you could just sit quietly with your cup of coffee and review them and see if they fit your case. So this brings us to the end of our presentation. There are other videos that we've suggested on the screen, please feel free to click on the screen and review them and thanks