Second lottery winner tells FOX 35 money was taken by unemployment agency

FOX 35 News is continuing to hear from lottery winners who aren't able to claim their winnings. They're being told it's because they were overpaid in unemployment benefits during the pandemic.

"Talk about a thrill," said Kathleen Lambert after she and her husband won a $1,000 scratch-off ticket. "I was so excited, laughing and showing everybody, but that was very short-lived when we drove an hour and a half to the Gainesville lottery office waiting for that nice check. And my jaw dropped."

Lambert says her jaw dropped because when she was told she couldn't have the money because of overpaid unemployment benefits to her husband.

After winning the lottery, Lambert received a letter from FloridaCommerce saying they owed $1,200 they said was overpaid years ago.

Lambert tells FOX 35 the agency reached out years ago saying he was overpaid by $275 and has a record of paying that money back. They don't recall owing any other money.

"I think it’s downright sneaky," Lambert said. "It’s undermining to lottery winners."

RELATED: Florida woman's $2900 lottery win taken by state because it overpaid her unemployment during pandemic

Lambert is the second person to reach out to FOX 35 with a similar problem.

On Thursday, Elizabeth Thornton from Kissimmee told FOX 35 she couldn't claim $2,900 that she won because of an alleged unemployment overpayment she said was waived by the agency.

In a statement, FloridaCommerce told FOX 35 that is had "helped more than 400 claimants with garnished lottery winnings resolve their issues and receive their prizes," and said it takes a "compassionate approach" to those who are experiencing issues with the agency.

"Once FloridaCommerce is notified by the Department of Lottery that a prize winner has been flagged for an overpayment, FloridaCommerce proactively contacts the claimant through email or phone to assist them with their overpayment," the agency said.

Thornton said she was told her issue was waived – and that the agency had not reached out to her. Lambert said she was notified of an overpayment years ago and paid it. She said she hasn't heard about a new overpayment.

An employment attorney said most overpayments were waived by the state since it was the agency's mistake – meaning the people didn't have to pay it back.

That doesn't mean the state won't try to get the money back somehow, that attorney said.

"It wouldn’t surprise me if we begin to see more of these situations," said attorney Art Schofield, who is not involved in Thornton or Lambert's cases.

"They’re going to look at the books before they hand out any money to anybody, particularly on lottery winnings," he said.

Florida Commerce said late Friday it was looking into Lambert's situation, but released no other details.

Are you dealing with a similar issue? Email us at FOX35Tips@FOX.com. Please include your name, contact information, and brief explanation of the issue.

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