STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JESSIE BLACK, )

)

Petitioner, )

)

vs. ) CASE NO. 92-0547

)

)

DEPARTMENT OF BANKING AND ) FINANCE, DEPARTMENT OF HEALTH ) AND REHABILITATIVE SERVICES, and ) DEPARTMENT OF LOTTERY, )

)

Respondents. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William J. Kendrick, held a formal hearing in the above-styled case on April 7, 1992, in Tallahassee, Florida.

APPEARANCES

For Petitioner: Jessie Black, pro se

420 Southwest 31st Street

Fort Lauderdale, Florida 33312

For Respondent, Scott C. Wright, Esquire Department of Assistant General Counsel Banking and Office of the Comptroller Finance: The Capitol, Suite 1302

Tallahassee, Florida 32399-0350

For Respondent, Chriss Walker, Esquire Department of Department of Health and Health and Rehabilitative Services Rehabilitative 1317 Winewood Boulevard Services: Building One, Room 407

Tallahassee, Florida 32399-0700

For Respondent, Louisa Warren

Department of the Department of the Lottery Lottery: 250 Marriott Drive

Tallahassee, Florida 32301 STATEMENT OF THE ISSUES

At issue in this proceeding is whether petitioner's lottery prize is subject to an outstanding debt to any state agency or owing child support collected through a court.

PRELIMINARY STATEMENT

By letter of December 31, 1991, the Department of Banking and Finance (DBF) notified petitioner that the Department of the Lottery (Lottery) had transmitted his prize of $5,000.00 to it pursuant to Section 24.115(4), Florida Statutes, based on information received from the Department of Health and Rehabilitative Services (DHRS) that he owed $2,891.45 in Title IV-D child support arrearages, and that it intended to apply such portion of his prize to such unpaid claim.

Enclosed with DBF's letter was state warrant number 1437327 dated December 27, 1991, in the amount of $2,108.55 in payment of the difference between petitioner's prize of $5,000.00 and the $2,891.45 claimed by DHRS. Petitioner filed a protest to DBF's action and requested a formal hearing.

At hearing, petitioner testified on his own behalf, but offered no exhibits. Respondents called Nancy Hoppe as a witness, and respondents' exhibits 1-4 were received into evidence. A transcript of the hearing was not ordered.

At the conclusion of the hearing, the parties were granted leave until April 17, 1992, to file proposed findings of fact. None of the parties availed themselves of such opportunity.

FINDINGS OF FACT

1. On November 18, 1991, petitioner submitted a claim to the Department of Lottery (Lottery) on a ticket he held for the "Play 4" drawing of November 17, 1991. Such ticket reflected that petitioner had correctly selected the four numbers drawn on that date, and rendered him eligible for a prize of $5,000.00.

   
   

2. On December 17, 1991, the Department of Health and Rehabilitative Services (DHRS) certified to the Lottery that petitioner owed $2,891.45 in Title IV-D child support arrearage. Thereafter, by letter of December 20, 1991, the Lottery advised petitioner that DHRS had advised it of such outstanding debt and that, pursuant to Section 24.115(4), Florida Statutes, it had transmitted the prize amount to the Office of the Comptroller, Department of Banking and Finance (DBF). Petitioner was further advised that DBF would notify him shortly regarding the distribution of such funds.

   
   

3. By letter of December 31, 1991, DBF notified petitioner that it was in receipt of his prize from the Lottery and that it intended to apply $2,891.45 toward the unpaid claim for child support. Such letter also enclosed state warrant number 1437325, dated December 27, 1991, in the amount of $2,108.55 in payment of the difference between the petitioner's prize and the unpaid claim for child support, and advised petitioner of his right to request a hearing to contest such action.

   
   

4. By letter of January 15, 1992, petitioner acknowledged receipt of DBF's letter of December 31, 1991, disputed that any such obligation was outstanding, and requested a formal hearing.

   
   

5. At hearing, the proof demonstrated that through a series of orders rendered in the matter of In Re: The Marriage of Mary B. Black, Petitioner/Wife

   v. Jessie Black, Respondent/Husband, Circuit Court, Dade County, Florida, Case No. 83-11702, petitioner was directed to pay child support for his minor children, with such payments to be made to the clerk of that court. As of December 17, 1991, the date DHRS certified the debt at issue in this case to the Lottery, petitioner owed $2,891.45 in Title IV-D child support arrearage. Such

   debt was, however, reduced by the sum of $5.28 by the Clerk of the Circuit Court, Dade County, Florida, on January 24, 1992, to properly reflect the fees charged to administer such account. Accordingly, the proof demonstrates that DBF should apply the sum of $2,886.17 from petitioner's prize toward the unpaid claim for child support.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings. Section 120.57(1), Florida Statutes.

   
   

7. Pertinent to this case, Section 24.115(4), Florida Statutes, provides that:

   
   

   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 owning 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. . . .

   
   

8. Here, the proof demonstrated that petitioner owed $2,891.45 in child support collected through a court, as of December 17, 1991. Accordingly, DBF's decision to apply that portion of petitioner's prize toward such debt was appropriate at the time. However, notwithstanding the correctness of DBF's decision at the time, the proof at hearing demonstrated that petitioner's account was subsequently credited with $5.28 and, therefore, the correct portion of petitioner's prize to apply toward such debt was $2,886.17.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Department of Banking and Finance enter a final order

which resolves the distribution of the balance of petitioner's lottery prize as follows: (1) that it pay to the Department of Health and Rehabilitative Services the sum of $2,886.17 towards satisfaction of petitioner's debt for child support, and (2) that it pay to petitioner the sum of $5.28 as the balance of his lottery prize.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 5th day of May 1992.

WILLIAM J. KENDRICK

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 5th day of May 1992.

COPIES FURNISHED:

Jessie Black, pro se

420 Southwest 31st Street

Fort Lauderdale, Florida 33312

Scott C. Wright, Esquire Assistant General Counsel Office of the Comptroller The Capitol, Suite 1302

Tallahassee, Florida 32399-0350

Chriss Walker, Esquire Department of Health and

Rehabilitative Services 1317 Winewood Boulevard Building One, Room 407

Tallahassee, Florida 32399-0700

Louisa Warren

Department of the Lottery

250 Marriott Drive Tallahassee, Florida 32301

The Honorable Gerald Lewis Comptroller, State of Florida The Capitol, Plaza Level Tallahassee, Florida 32399-0350

William G. Reeves General Counsel

Department of Banking and Finance The Capitol

Plaza Level, Room 1302 Tallahassee, Florida 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: 92-000547

Orders for Case No: 92-000547