STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAMES WHITFIELD, )

)

Petitioner, )

)

vs. ) CASE NO. 88-4141

)

OFFICE OF THE COMPTROLLER, ) DEPARTMENT OF THE LOTTERY, and ) DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was conducted in this case on November 29, 1988, at Tallahassee, Florida, before Veronica E. Donnelly, a duly designated Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

Appearances for the parties at the hearing were as follows: For Petitioner: No appearance was entered by the

Petitioner

For Respondents: Jo Ann Levin, Esquire

Senior Attorney

Office of the Comptroller The Capitol, Suite 1302 Tallahassee, Florida 32399

Louisa Hargrett, Esquire Department of the Lottery Capitol Complex Tallahassee, Florida 32399

Patrick A. Loebig, Esquire Department of Health and

Rehabilitative Services

Office of Child Support Enforcement 1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

The Petitioner failed to appear for hearing. Before the hearing began, the Hearing Officer attempted to telephone the Petitioner. His telephone was not in service, and he was no longer employed by the employer whose name appears in the records of the Clerk of the Circuit Court of Lee County, Flcrida.

During the hearing, the Office of the Comptroller presented three exhibits which had previously been attached to its Notion for Partial Summary Judgment. The Department of the Lottery submitted one exhibit. The Department of Health and Rehabilitative Services called one witness and submitted four exhibits. All of the exhibits were admitted into evidence.

The Respondents waived their opportunity to file proposed findings of fact. Official notice was taken of Chapters 17 and 24, Florida Statutes, for purposes of this proceeding.

ISSUE

Whether the five thousand dollars of prize money claimed by the Petitioner should be paid to the Department of Health and Rehabilitative Services due to the Petitioner's outstanding debt for child support collected through a court.

FINDINGS OF FACT

1. The Petitioner is the individual whose name appeared on the lottery ticket and claim form for a five thousand dollar prize.

   
   

2. The claim form and winning ticket were submitted by the Petitioner to the Tallahassee Office of the Department of the Lottery for validation and payment in accordance with that Department's procedures.

   
   

3. The Department of the Lottery, as required by law, provided the Department of Health and Rehabilitative Services with a list of five thousand dollar winners. The list contained the name of the Petitioner. The Department of Health and Rehabilitative Services compared the list with its records and determined that there was an arrearage in child support of eight thousand one hundred and fifty-seven dollars and eighty-four cents owed by the Petitioner in Lee County, Florida.

   
   

4. On July 12, 1988, the Department of Health and Rehabilitative Services certified the child support arrearage to the Department of the Lottery in accordance with Section 24.115(4), Florida Statutes. The Department of the Lottery fowarded the five thousand dollar prize money to the Office of the Comptroller. On July 19, 1988, the Petitioner was notified by certified mail by the Office of the Comptroller of its intention to apply the entire five thousand dollars towards the Petitioner's unpaid court ordered child support. The Petitioner requested a hearing on the nature of the debt and the amount owed.

   
   

5. The amount of unpaid court ordered child support due on the date of the hearing was eight thousand one hundred and fifteen dollars and fifty-three cents.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the subject matter of and the parties to this proceeding. Sec. 120.57(1), Fla. Stat.

   
   

7. Section 24.105(10)(e), Florida Statutes, authorizes the Department of the Lottery to adopt rules regarding "[t]he manner of payment of prizes to holders of winning tickets."

8. Section 24.103(1), Florida Statutes, defines the word "department," as used in Chapter 24, Florida Statutes, as "the Department of the Lottery."

   
   

9. Section 24.115(4), Florida Statutes, reads as follows:

   
   

   It is the responsibility of the appropriate state agency and of the judicial branch to identify to the department, in the form and format prescribed by the department, persons owing an outstanding debt to any state agency or owing child support collected through a court. Prior to the payment of a prize of

   $600 or more to any claimant having such an outstanding obligation, the department may transmit the prize money to the Comptroller who may authorize payment of the balance to the prize winner after deduction of the debt. If a prize winner owes multiple debts subject to offset under this subsection and the prize is insufficient to cover all such debts, the amount of the prize shall be applied in the manner that the Comptroller deems appropriate.

   
   

10. In this case, the Department of Health and Rehabilitative Services established that the Petitioner owed eight thousand one hundred and fifteen dollars and fifteen cents in unpaid child support in Lee County, Florida, on the date of hearing. He was the owner of a five thousand dollar winning ticket, and subject to Section 24.115(4), Florida Statutes, which allows the Department of Health and Rehabilitative Services to file the appropriate forms to collect the debt out of the prize money. Because the unpaid child support owed is more than the amount of the prize money, the Comptroller may apply all of the prize money toward the unpaid support.

Based upon the foregoing, it is RECOMMENDED:

That the Office of the Comptroller issue a final order in this case providing for payment to the Department of Health and Rehabilitative Services of the entire five thousand dollar prize money originally claimed by the Petitioner.

DONE AND ENTERED this 19th day of December, 1988, at Tallahassee, Florida.

VERONICA E. DONNELLY

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 20th day of December, 1988.

COPIES FURNISHED:

Mr. James Whitfield C-6 Palmetto Court

Fort Myers, Florida 32901

Jo Ann Levin, Esquire Senior Attorney

Office of the Comptroller The Capitol, Suite 1302 Tallahassee, Florida 32399

Louisa Hargrett, Esquire Department of the Lottery Capitol Complex Tallahassee, Florida 32399

Patrick A. Loebig, Esquire

Office of Child Support Enforcement Department of Health and Rehabilitative Services

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Hon. Gerald Lewis, Comptroller Department of Banking and Finance

The Capitol

Tallahassee, Florida 32399-0350

Rebecca Paul, Secretary Department of the Lottery The Capitol,

Tallahassee, Florida 32399-4022

Gregory L. Coler, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32399-0700

Docket for Case No: 88-004141

Orders for Case No: 88-004141