STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WILLIAM JOHNSON, )

)

Petitioner, )

)

vs. ) Case No. 01-4327

) DEPARTMENT OF REVENUE and ) DEPARTMENT OF LOTTERY, )

)

Respondents. )

_____________________________)

RECOMMENDED ORDER

Pursuant to notice, a formal administrative hearing was held on December 20, 2001, before Florence Snyder Rivas, Administrative Law Judge, via video teleconference in Miami and Tallahassee.

APPEARANCES

For Petitioner: No appearance.

For Respondents: Chriss Walker, Esquire

Child Support Enforcement Department of Revenue Post Office Box 8030

Tallahassee, Florida 32314-8030

Louisa Warren, Esquire Department of the Lottery

250 Marriott Drive Tallahassee, Florida 32301

STATEMENT OF THE ISSUE

The issue for determination is whether the Department of Revenue should retain and apply the Petitioner’s $800.00

lottery prize to reduce an outstanding arrearage for child support.

PRELIMINARY STATEMENT

On or about April 30, 2001, the Department of Revenue (DOR) notified the Petitioner, William Johnson, (Johnson) that it had certified to the Department of Lottery (DOL) that Johnson owed a child support obligation exceeding his $800.00 lottery prize and that the prize had been sent to DOR to be applied to reduce his arrearage. Petitioner timely requested a hearing, and DOR referred the matter to the Division of Administrative Hearings (DOAH) on November 5, 2001.

By agreement of the parties the case was set for final hearing by video conferencing on December 20, 2001. The hearing was scheduled to begin at 1:30 p.m., at which time the undersigned and DOR were present and prepared to proceed, along with the court reporter located at the Miami conference site.

The undersigned waited until 2:00 p.m., to give Johnson additional time to appear, and also attempted to call Petitioner at the telephone number of record. A message with the request that Johnson call the clerk's office as soon as possible was left, but has not been returned as of the date of this Recommended Order.

DOR was allowed to proceed with its case. DOR presented the testimony of Patricia Ash, Revenue Specialist II, and Composite Exhibits DOR 1 and DOL 1 were admitted into evidence. A transcript of the hearing was not provided.

FINDINGS OF FACT

1. Department of Revenue and Department of Lottery are the agencies of the State of Florida charged with the duty to enforce statutes which provide for the seizure of lottery prize winnings to satisfy past-due child support debt.

2. On or about April 30, 2001, Johnson made a claim to a lottery prize in the amount of $800.00.

3. The DOR notified the DOL that Johnson was indebted to the state for court-ordered child support through the court depository, in the amount of $10,626.79.

4. Pursuant to Subsection 24.115(4), Florida Statutes, Petitioner’s entire lottery prize was transferred to DOR by DOL.

5. Petitioner was given written notice on April 30, 2001, of the DOR’s intent to intercept his lottery prize and apply it to partially satisfy his unpaid child support debt.

6. Pursuant to a Final Judgment of Paternity and Income Deduction dated September 13, 1989, Petitioner is subject to a lawful order requiring him to pay child support.

7. Johnson has failed to discharge his child support obligations pursuant to that judgment, and as of December 8, 1995, Johnson's arrears were $10,626.79.

8. DOR intends to apply the Petitioner’s lottery prize in the amount of $800.00 to partially satisfy his past-due child support debt.

   CONCLUSIONS OF LAW

   
   

9. Section 24.115(4), Florida Statutes (1997), provides:

   
   

   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 shall transmit the amount of the debt to the agency claiming the debt and shall authorize payment of the balance to the prize winner after deduction of the debt.

   
   

10. Section 409.2557, Florida Statutes (1997), provides:

    
    

    1. The department [of Revenue] is designated as the state agency responsible for the administration of the child support enforcement program, Title IV-D of the Social Security Act, 42 U.S.C. ss. 651 et seq.

    2. The department in its capacity as the state Title IV-D agency shall have the authority to take actions necessary to carry out the public policy of ensuring that children are maintained from the resources of their parents to the extent possible. The department's authority shall include, but not be limited to, the establishment of paternity or support

       obligations, as well as the modification, enforcement, and collection of support obligations.

       
       

11. Subsection 61.14(6)(a)1, Florida Statutes (2001), provides:

    When support payments are made through the local depository or through the State Disbursement Unit, any payment or installment of support which becomes due and is unpaid under any support order is delinquent; and this unpaid payment or installment, and all other costs and fees herein provided for, become, after notice to the obligor and the time for response as set forth in this subsection, a final judgment by operation of law, which has the full force, effect, and attributes of a judgment entered by a court in this state for which execution may issue.

    
    

12. DOR has fulfilled all of the statutory prerequisites necessary to establish its entitlement and legal duty to collect Johnson's $800.00 lottery prize and apply it to his unpaid child support obligation.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Revenue enter a final order retaining Johnson's $800.00 lottery prize to be applied to reduce the accrued arrearage on Johnson's child support obligation.

DONE AND ENTERED this 11th day of January, 2002, in Tallahassee, Leon County, Florida.

___________________________________ FLORENCE SNYDER RIVAS

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 11th day of January, 2002.

COPIES FURNISHED:

William Johnson

2815 Northwest 95th Street Miami, Florida 33147

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

Tallahassee, Florida 32314-8030

Louisa Warren, Esquire Department of Lottery

250 Marriott Drive Tallahassee, Florida 32301

James Zingale, Executive Director Department of Revenue

104 Carlton Building Tallahassee, Florida 32399-0100

Bruce Hoffmann, General Counsel Department of Revenue

204 Carlton Building Tallahassee, Florida 32399-0100

David Griffin, Secretary Department of Lottery

250 Marriott Drive Tallahassee, Florida 32301

Ken Hart, General Counsel 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: 01-004327

Orders for Case No: 01-004327