STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEBRA J. IHASZ, )

)

Petitioner, )

)

vs. ) CASE NO. 93-4039

)

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 October 4, 1993, in Tallahassee, Florida.

APPEARANCES

For Petitioner: No appearances For Respondent: Scott C. Wright

Department of Assistant General Counsel Banking and Office of the Comptroller Finance: Suite 1302, The Capitol

Tallahassee, Florida 32399-0350

For Respondent: Katrina M. Saggio Department of Department of Health and

Health and Rehabilitative Services Rehabilitative 1323 Winewood Boulevard Services: Building One, Room 407

Tallahassee, Florida 32399-0700

For Respondent: Louisa Warren Department of Department of 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 June 28, 1993, the Department of Banking and Finance (DBF), notified petitioner that the Department of the Lottery (Lottery) had transmitted her prize of $1,000.00 to it pursuant to Section 24.115(4), Florida Statutes, based on information received from the Department of Health and Rehabilitative Services (DHRS) that she owed that agency $1,899.00, and that it intended to apply her prize to such unpaid claim. Petitioner filed a protest to DBF's action and requested a formal hearing.

At hearing, neither petitioner nor anyone on her behalf appeared. DHRS called Edith Bertolti as a witness, and DHRS exhibits A-M, DBF exhibits 1 and 2, and Lottery exhibit 1 were received into evidence. A transcript of the hearing was not ordered.

At the conclusion of the hearing, the parties were granted leave until October 14, 1993, to file proposed findings of fact. DHRS elected to file such proposals, and they have been adopted in substance in this recommended order.

FINDINGS OF FACT

1. On June 16, 1993, petitioner submitted a claim to the Department of Lottery (Lottery) on a Black Jack Instant Ticket she held. Such ticket reflected that petitioner was eligible for a prize of $1,000.00.

   
   

2. On June 17, 1993, the Department of Health and Rehabilitative Services (DHRS) certified to the Lottery that petitioner owed $1,224.00 in Aid to Families with Dependent Children benefit overpayments and $675.00 in Food Stamp benefit overpayments, for a total of $1,899.00. Thereafter, pursuant to Section 24.115(4), Florida Statutes, the Lottery transmitted the prize amount to the Department of Banking and Finance (DBF).

   
   

3. By letter of June 28, 1993, DBF notified petitioner that it was in receipt of her prize from the Lottery and that it intended to apply the entire

   $1,000.00 toward the unpaid claim owing DHRS. Such letter, likewise, advised petitioner of her right to request a hearing to contest such action.

   
   

4. By letter of July 13, 1993, petitioner requested a formal hearing to contest DBF's action, and the matter was referred to the Division of Administrative Hearings for the assignment of a Hearing Officer to conduct a formal hearing pursuant to Section 120.57(1), Florida Statutes.

   
   

5. At hearing, the proof demonstrated that the only state warrants actually negotiated by petitioner, which represented an overpayment of benefits for Aid to Families with Dependent Children, totalled $612.00. All other state warrants which had been issued to petitioner, and upon which DHRS had initially calculated the debt owing to it from petitioner for overpayments of Aid to Families with Dependent Children and Food Stamp benefits, had been returned, unnegotiated, to the state. Accordingly, the total debt shown to be owing DHRS by petitioner was $612.00.

   
   

   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 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. Here, the uncontroverted proof at hearing demonstrated that petitioner owed DHRS $612.00 for Aid to Families with Dependent Children benefit overpayments. Accordingly, DBF should apply $612.00 of petitioner's prize of

$1,000.00 toward such debt.

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

applying $612.00 of petitioner's lottery prize of $1,000.00 to satisfy the debt owing DHRS, and remit the balance of $388.00 to petitioner.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 15th day of October 1993.

COPIES FURNISHED:

Debra J. Ihasz

1529 61st Trail South

West Palm Beach, Florida 33415

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 15th day of October 1993.

Scott C. Wright

Assistant General Counsel Office of the Comptroller Suite 1302, The Capitol

Tallahassee, Florida 32399-0350

Katrina M. Saggio Department of Health and

Rehabilitative Services 1335 23 Winewood Boulevard Building One, Room 407

Tallahassee, Florida 32399-0700

Louisa Warren Department of 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, 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: 93-004039

Orders for Case No: 93-004039