STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ELSIE GOLDEN, )

)

Petitioner, )

)

vs. ) CASE NO. 93-1217

)

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

)

Respondents. )

)

RECOMMENDED ORDER

Upon due notice, this cause came on for formal hearing, by telephone, on April 20, 1993, in Tallahassee, Florida, before Stephen F. Dean, a duly assigned hearing officer of the Division of Administrative Hearings. Petitioner seeks payment of lottery prize money which was sequestered by the state to pay for AFDC and Food Stamp payments erroneously made to the Petitioner.

APPEARANCES

For Petitioner: Elsie Golden, pro se

6611 Hampton Road

Pensacola, Florida 32505

For Respondent: Leslie A. Meek

Assistant General Counsel Department of Banking and Finance The Capitol, Suite 1302 Tallahassee, Florida 32399-0350

For Respondent: Katrina Saggio

Department of Health and Rehabilitative Services

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

For Respondent: Louisa H. Warren

Department of the Lottery

250 Marriott Drive

Tallahassee, Florida 32399-4000 STATEMENT OF THE ISSUE

The issue in this proceeding is whether part of Petitioner's lottery prize should be withheld and used to pay an allegedly outstanding debt for AFDC and Food Stamp payments erroneously made to Petitioner.

PRELIMINARY STATEMENT

By letter dated January 26, 1993, the Department of Banking and Finance (DBF) notified Petitioner that the Department of Lottery (Lottery) had transmitted her prize of $1,000 to it pursuant to Section 24.115(4), Florida Statutes, based on information received from the Department of Health and Rehabilitative Services (DHRS) that Petitioner owed $1,285 to DHRS for overpayment in Food Stamps and Aid to Families with Dependent Children benefits. DBF advised Petitioner that the entire amount of her winnings were applied to the debt. Petitioner filed a request for a formal hearing.

The case was referred to the Division of Administrative Hearings which noticed and conducted the hearing. The case was heard on April 20, 1993.

At the hearing, Petitioner called no witnesses and entered no exhibits into evidence., DHRS called no witnesses and entered no exhibits into evidence. DBF called no witnesses but entered three (3) exhibits which were received as evidence. Lottery called no witnesses and entered no exhibits into evidence. A transcript of the hearing was not ordered.

At the conclusion of the hearing, the parties were granted leave until April 30, 1993, to file a proposed recommended order. DBF filed proposed findings which were read, considered, and adopted.

FINDINGS OF FACT

1. In April 1990, DHRS advised the Petitioner that she owed the Department

   $7.00 for Food Stamps and $1,278 in excess AFDC which it had erroneously paid to her.

   
   

2. On January 4, 1993, Petitioner submitted a claim to the Lottery based on an instant ticket she held. The ticket reflected that Petitioner was eligible for a prize of $1,000.

   
   

3. On January 4, 1993, DHRS certified to the Lottery that Petitioner owed

   $7.00 in Food Stamp benefits and $1,278.00 in Aid to Families with Dependent Children benefits due to previous payments made to Petitioner in error. By letter dated January 15, 1993, the Lottery notified Petitioner that DHRS had advised it of the outstanding debt and that, pursuant to Section 24.115(4), Florida Statutes, it had transmitted the prize amount to DBF. Petitioner was further advised that DBF soon would notify her regarding the distribution of the funds.

   
   

4. By letter dated January 26, 1993, DBF notified Petitioner that it was in receipt of her prize from the Lottery and that it intended to apply Petitioner's winnings to the debt owed to DHRS.

   
   

5. In a letter received by DBF on February 5, 1993, Petitioner requested a formal hearing.

   
   

   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, 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 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.

   
   

8. There was uncontroverted proof at hearing that the Petitioner owes

$1,285.00 to DHRS for Food Stamps and excess AFDC which was paid to her. Accordingly, DBF's application of Petitioner's $1,000 lottery winnings to Petitioner's debt was correct.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED:

That the Department of Banking and Finance enter a final order upholding the application of Petitioner's lottery winnings in the amount of $1,000 in partial payment of the outstanding debt that Petitioner owned to DHRS.

DONE and ENTERED this 7th day of May, 1993, in Tallahassee, Florida.

STEPHEN F. DEAN

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, 1993.

Copies furnished:

Gerald Lewis, Comptroller Department of Banking and Finance The Capitol

Tallahassee, FL 32399-0350

Elsie Golden

6611 Hampton Road

Pensacola, FL 32505

Leslie A. Meek, Assistant General Counsel Department of Banking and Finance

The Capitol, Suite 1302 Tallahassee, FL 32399-0350

Ken Hart, General Counsel Department of the Lottery

250 Marriott Drive Tallahassee, FL 32301

Katrina Saggio Department of Health and

Rehabilitative Services 1317 Winewood Boulevard

Tallahassee, FL 32399-0700

Louisa H. Warren Department of the Lottery

250 Marriott Drive Tallahassee, FL 32399-4000

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: 93-001217

Orders for Case No: 93-001217