STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CLINTON C. WILLIAMS, )

)

Petitioner, )

)

vs. ) CASE NO. 91-8085

)

)

DEPARTMENT OF BANKING AND ) FINANCE, DEPARTMENT OF THE LOTTERY, ) and DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondents. )

)

RECOMMENDED ORDER

This matter was heard by William R. Dorsey, Jr., the Hearing Officer designated by the Division of Administrative Hearings, on March 16, 1992, in Tallahassee, Florida.

APPEARANCES

For Petitioner: Karrin R. Boehm-Alman, Esquire

Law Offices of Maurice M. Diliberto

28 West Flagler Street Suite 600

Miami, Florida 33130

For Department of Bridget L. Ryan, Esquire Banking and Finance: Office of the Comptroller

Suite 1302, The Capitol Tallahassee, Florida 32399-0350

For Department of Louisa H. Warren, Esquire the Lottery: 250 Marriot Drive

Tallahassee, Florida 32301

For Department of Health Chriss Walker, Esquire and Rehabilitative 1323 Winewood Boulevard Services: Building One, Room 407

Tallahassee, FL 32399-0700 STATEMENT OF THE ISSUE

The issue is whether the Department of the Lottery should have transferred

$3,250 from a lottery prize which Mr. Williams won to the Department of Health and Rehabilitative Services in payment of arrearages for child support.

PRELIMINARY STATEMENT

During the hearing, counsel for Mr. Williams acknowledged the essential facts of the case. The Department of Health and Rehabilitative Services was granted a period in which to file a proposed order, but none has been filed.

FINDINGS OF FACT

1. Mr. Clinton Williams won a prize of $3,839.50 on a $1.00 wager in the Lotto game for October 12, 1991. Based upon a letter to the Department of the Lottery from Chriss Walker, the Acting Assistant Secretary for Child Support Enforcement. The Office of the Comptroller found that Mr. Williams owed $3,250 as back due child support. That amount was deducted from his winnings and on November 8, 1991, a state warrant in the amount of $589.50 was delivered to Mr. Williams.

   
   

2. The arrearage arose because an error had been made in the child support enforcement division of the State Attorney's Office in Miami. An income deduction order had been entered against Mr. Williams by the family division of the Circuit Court in Dade County Florida on September 27, 1990, but no money was ever deducted from Mr. Williams' pay. When the Department of Health and Rehabilitative Services checked Mr. Williams' record after he submitted the winning ticket, the error was discovered. As a result, in January 1992 the award was modified obligating Mr. Williams to continue to pay $252 per month in child support, and to pay an additional $100 per month to pay back child support due under the September 27, 1990 order. In addition, the order entered by the Circuit Court on January 13, 1992, provides, in paragraph 14:

   
   

   The lottery winnings that are currently being withheld in Tallahassee shall be released to the Petitioner [the child's mother] immediately.

   
   

3. Based on the order of the Circuit Court, there is no doubt that Mr. Williams is indebted for back child support. No error occurred in the interception of his lottery winnings to satisfy his obligation for that past-due child support.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over this matter. Section 120.57(1), Florida Statutes.

   
   

5. A duty is imposed upon the Department of the Lottery in Section 24.115(4), Florida Statutes (1991), to transmit lottery prize money to the Comptroller of Florida, to be used to satisfy a winner's child support debts. The income deduction order entered by the Circuit Court in Dade County on September 27, 1990, was mishandled. Mr. Williams had been required to make his child support payments through the Clerk of the Circuit Court, Support Department. Even if no income deduction was implemented, he was liable for the payment of the support.

   
   

6. At the time Mr. Williams presented his winning ticket, he was obligated for past due child support payments of at least $2,500. The interception of his lottery proceeds by the Comptroller, and payment of those proceeds to the Department of Health and Rehabilitative Services for transmittal to the child's mother, was appropriate.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petition for Formal Proceeding filed by Mr. Williams

be dismissed.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 7th day of May 1992.

WILLIAM R. DORSEY, JR.

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 7th day of May 1992.

COPIES FURNISHED:

Karrin R. Boehm-Alman, Esquire Law Offices of

Maurice M. Diliberto

28 West Flagler Street Suite 600

Miami, FL 33130

Bridget L. Ryan, Esquire Office of the Comptroller Suite 1302, The Capitol Tallahassee, FL 32399-0350

Louisa H. Warren, Esquire Department of the Lottery

250 Marriot Drive Tallahassee, FL 32301

Chriss Walker, Esquire Department of Health and

Rehabilitative Services 1323 Winewood Boulevard Building One, Room 407 Tallahassee, FL 32399-0700

Honorable Gerald Lewis, Comptroller Department of Banking and Finance The Capitol, Plaza Level Tallahassee, FL 32399-0350

William G. Reeves, General Counsel Department of Banking and Finance Room 1302, The Capitol Tallahassee, FL 32399-0350

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 91-008085

Orders for Case No: 91-008085