STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOHN I. CHANDLER, )

)

Petitioner, )

)

vs. )

) CASE NO. 96-0999 DEPARTMENT OF BANKING AND FINANCE, )

DEPARTMENT OF REVENUE, AND )

DEPARTMENT OF LOTTERY, )

)

Respondents. )

)

RECOMMENDED ORDER

On November 14, 1996, a formal administrative hearing in this case was held in Tallahassee, Florida, before William F. Quattlebaum, Administrative Law Judge, Division of Administrative Hearings.

APPEARANCES

For Petitioner: No Appearance

For Department Josephine A. Schultz, Esquire

of Banking and Department of Banking and Finance Finance: The Fletcher Building, Suite 526

101 East Gaines Street Tallahassee, Florida 32399-0350

For Department Chris Walker, Esquire of Revenue: Department of Revenue

Child Support Enforcement Post Office Box 8030

Tallahassee, Florida 32314-8030

For Department

of Lottery: No Appearance STATEMENT OF THE ISSUE

The issue in the case is whether the Petitioner's lottery prize winnings should be retained and applied towards alleged outstanding debt related to unpaid child support.

PRELIMINARY STATEMENT

By letter dated January 9, 1996, the Petitioner was notified by a representative of the Office of Comptroller, Department of Banking and Finance, that the Petitioner's lottery prize of $2,500 had been retained for payment of outstanding child support payments. The Petitioner requested a hearing. The

request was transmitted to the Division of Administrative Hearings which scheduled the proceeding.

The Petitioner did not attend the hearing. The Respondents presented three exhibits which were admitted into evidence. No transcript of the hearing was filed. The Department of Revenue filed a proposed recommended order.

FINDINGS OF FACT

1. The Petitioner won $2,500 in Florida Lottery prize.

   
   

2. By Final Judgment of Dissolution of Marriage in the Thirteenth Judicial Circuit, Hillsborough County Family Law Division, Case Number 86-3999, dated June 20, 1986, the Petitioner was ordered to pay $100 weekly for the support of three minor children.

   
   

3. By Order on Arrears in the Seventh Judicial Circuit, Putnam County, Case Number 91-6412-FD-57, dated November 7, 1996, the court found the following facts:

   
   

   Respondent was ordered to pay $100.00 per week for the support of his 3 children by the Circuit Court in Hillsborough County.

   Respondent never made a payment on this obligation.

   Arrears totaling $33,200.00 accrued until this Court's order in November 1992.

   This Court reduced the support obligation

   to $35.00 per week effective November 9, 1992, in view of two of the three children reaching the age of majority.

   Support was suspended effective July 1, 1996

   
   

4. Based on the calculation of unpaid support which was somewhat offset by Social Security benefits paid to the mother of the children, the court calculated the total arrears as $22,509.

   
   

5. The Order on Arrears concludes that the "Department of Revenue may apply funds withheld from the [Petitioner's] lottery winnings in satisfaction" of the unpaid child support.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

7. Section 24.116(4), Florida Statutes, provides as follows:

   
   

   It is the responsibility of the appropriate state agency and of the judicial branch to identify to the department [lottery], in the form and format p[prescribed by the depart- ment, 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.

   
   

8. In this case, the evidence establishes that the Petitioner owes child support in excess of his lottery prize winnings.

   
   

9. The law provides that such prize winnings may be retained by the state to satisfy outstanding child support payments.

   
   

10. There is no evidence which would suggest that the retention of the Petitioner's prize winnings is inappropriate or otherwise not warranted by the facts of this case.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Office of Comptroller, Department of Banking and Finance, enter a Final Order transferring the Petitioner's lottery prize winnings to the Department of Revenue as partial satisfaction of the Petitioner's unpaid child support obligation.

RECOMMENDED this 20th day of December, 1996, in Tallahassee, Florida.

WILLIAM F. QUATTLEBAUM

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 20th day of December, 1996.

COPIES FURNISHED:

Honorable Robert F. Milligan Comptroller, State of Florida The Capitol, Plaza Level Tallahassee, Florida 32399-0350

Harry Hooper General Counsel

Department of Banking and Finance The Capitol, Room 1302 Tallahassee, Florida 32399-0350

Ken Hart General Counsel

Department of Lottery

250 Marriot Drive Tallahassee, Florida 32301

Dr. Marcia Mann, Secretary Department of Lottery

250 Marriot Drive Tallahassee, Florida 32301

Larry Fuchs Executive Director

Department of Revenue

104 Carlton Building Tallahassee, Florida 32399-0100

Linda Lettera General Counsel

Department of Revenue

204 Carlton Building Tallahassee, Florida 32399-0100

John I. Chandler, Pro Se 6216 50th Street

Tampa, Florida 33610

Josephine A. Schultz, Esquire Department of Banking and Finance The Fletcher Building, Suite 526

101 East Gaines Street Tallahassee, Florida 32399-0350

Chris Walker, Esquire Department of Revenue Child Support Enforcement Post Office Box 8030

Tallahassee, Florida 32314-8030

Louisa Warren, Esquire Department of Lottery

250 Marriott Drive Tallahassee, Florida 32301

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of 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: 96-000999

Orders for Case No: 96-000999