Florida owed more than $800 million by taxpayers, but many debtors don't pay

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Posted: 11/27/2011

— Even as legislators struggle with a $2 billion budget shortfall, more than $800 million in debt is owed Florida taxpayers - IOUs piled up by businesses, individuals and even a few politicians.

State records obtained by The Palm Beach Post show that fees, fines and court-ordered payments - some dating back years - are frequently ignored by those owing money to the state.

The chances of these scofflaws getting caught?

Slim.

Figures show that as of 2009-10, Florida's collection agencies had recovered just $76.3 million, or 11.1 percent, of the $686.9 million they were chasing. The state accumulated $197.9 million more in IOUs in 2010-11, but can't yet say how much of that has been collected.

That leaves the state holding the bag for as much as $808.5 million.

"The taxpayer winds up stuck with the tab," said Bill Newton, executive director of the Florida Consumer Action Network. "These fines are supposed to pay for cleaning up polluted water, help people recover money lost to white-collar criminals or punish someone who did wrong so they don't do wrong again.

"Instead, these guys get away with it. They just skate."

With lawmakers scrambling to find cash for schools, health programs and social services facing a sixth straight year of budget cuts, critics say they are increasingly angry that the Sunshine State serves as a deadbeat's paradise.

"Unfortunately, in the real world, people walk away from obligations every day," said Barry Krischer, a former Palm Beach County state attorney. "But sometimes you're giving people a false sense of confidence that the state is cracking down on bad characters, when it's really not."

Top debtor starts over

Krischer was victimized 15 years ago by one of the state's top debtors, former Palm Beach County Democratic Party Chairman Ted Brabham.

Brabham was convicted of conspiring to unseat Krischer to help a friend's client, who was seeking leniency in a DUI manslaughter case. Brabham collected $156,000 in illegal campaign contributions, records show. But the elections scheme unraveled and Brabham spent five months in jail on bribery and other charges, lost his law license and still owes the Florida Elections Commission $468,197 for violations.

Brabham hasn't dropped out of sight. He's moved to Texas - and reinvented himself as an evangelist and concert pianist.

On his website, tedbrabham.com, he has a question-and-answer section. To the question of his biggest regret, he says, "Not pursuing a career in gospel music before age 40."

Speaking to The Post, Brabham said he hasn't been contacted by the state. But he conceded that officials will never see the money he owes.

"I made a bad mistake, and I have paid dearly," Brabham said from his home in Atlanta, Texas. "But I don't have a half a million dollars to pay. If they want to come after me, good luck to them."

Others owing hundreds of thousands of dollars to the state include developers, health care companies and real estate sales professionals.

Some businesses that owe the state have folded in a tough economy; others face criminal charges. Still more have simply managed to disappear from view.

Fleeing to Thailand

That's what Todd Teal did. He owes the state $6.4 million in fines and fees.

Teal, who operated out of a Marco Island post office box, was accused by the Florida attorney general in 2005 of running a real estate title scam that made him $1 million and victimized hundreds of Florida property owners.

Teal's most recent address: Thailand, where state efforts to pursue him have come up cold.

State leaders concede improvement is needed but offer few solutions.

"Any organization that is squeezing its resources to try to meet critical needs looks for receivables to collect," said Sen. Don Gaetz, R-Niceville, who's in line to become Senate president after next fall's elections. "We ought to try to collect. Sadly, sometimes during the good times you extend these receivables further than you should, and they become harder to collect."

Chief Financial Officer Jeff Atwater, a former legislator and Palm Beach County bank executive, is responsible for most of the debt-­chasing, which is distributed among four national collection firms.

"We have a real opportunity for improvement," Atwater conceded.

This month, the state wrote off $110.5 million in debt as most likely uncollectable.

About one-third of the abandoned cash was unpaid taxes, mostly owed by businesses. Officials speculate many of those businesses aren't paying taxes because they've shut down.

The state also abandons collection efforts because of legal time limits on collecting fines, bankruptcy agreements or the death of those who owe.

But debt the state hasn't settled can infuriate victims struggling to recover from others' professional misdeeds.

Fund offers little relief

Lynn Etienne, 31, a laid-off office worker from Lehigh Acres, said she and her husband in 2006 lost $140,000 to a

builder, Richard Leli, who took deposits for homes he never constructed.

Leli owes $401,193 in fines to the state's Department of Business and Professional Regulation, records show.

"I blame the state and the banks for letting this guy get away with this," Etienne said. "It's not like they're ever going to get him to pay this back."

A $1.6 million agreement with the Florida Attorney General's Office allowed Etienne and about 100 homeowners who complained about Leli to seek as much as $50,000 each from the state's Construction Industries Recovery Fund.

But overall payments from the fund are capped at $500,000, meaning most will get only a fraction of what they lost.

Leli has returned to his native New Jersey, where he ran a home improvement business after his Florida troubles.

"He does this and is able to start over," Etienne said. "I feel like it's very wrong."

Leli told The Post he hasn't heard anything from the state of Florida and disputed that he owed anything. Leli said he was a victim of bad business partners and investors.

"No one got screwed like I did," Leli said. "I had a multimillion-dollar business. It's gone. But I'm moving on."

Some of those who owe still maintain some level of prominence in Florida.

The Florida Ethics Commission abandoned efforts to collect about $1 million in fines against 800 public officials this summer because they outlasted a four-year limit on the panel's authority to collect. All had failed to file state-required financial disclosure forms.

Most had served on professional boards, pension committees and other panels that generally make up the low minor leagues of state politics, but at least one served as a mayor and ran this year for the state Senate: former North Miami Beach Mayor Joe Celestin. He owed $3,000 in fines accumulated in 2003 and 2005.

He could not be reached for comment .

Scoffing at the state

The Florida Elections Commission is owed almost $1.4 million by candidates, consultants and political committees. Brabham, the former Palm Beach County Democratic chief, tops the list.

Peter Schorsch, a political consultant, owes the commission $67,667 dating to a 2005 dispute with a political organization called Take Back Tampa Bay.

Despite the debt, Schorsch has regained his footing, is consulting and is running a political website called SaintPetersblog.com.

Schorsch said he tried last year to negotiate a settlement with the Elections Commission, but it was rejected. He vowed to try again next year.

But Schorsch acknowledged that the state is not much of a threat.

"The only people who've ever asked me about this fine are reporters," Schorsch said. "You've got to realize, there isn't any teeth in these laws for those people who aren't afraid of being bit."

Senate Democratic Leader Nan Rich of Weston said she's ready to put some fangs into state law. She is sponsoring legislation (SB 252) that would withhold salary from elected officials who don't pay their fines to Florida elections or ethics officials.

Rich had a similar bill last year that went nowhere.

But when lawmakers are desperate for dollars, Rich said, her bill could at least set the tone that Florida is serious about wanting the millions it's owed.

"Why have fines when you can't enforce them?" Rich said. "But next time someone says to me we don't have money for state programs, I'll tell them I know where you can look."

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