STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DARYL DAVIDOFF, )
)
Petitioner, )
)
vs. ) Case No. 03-1743
) DEPARTMENT OF REVENUE, CHILD ) SUPPORT ENFORCEMENT, and ) DEPARTMENT OF LOTTERY, )
)
Respondents. )
_____________________________ )
RECOMMENDED ORDER
Pursuant to notice, a formal administrative hearing was held on June 24, 2003, before Florence Snyder Rivas, Administrative Law Judge, via video teleconference in West Palm Beach and Tallahassee.
APPEARANCES
For Petitioner: David Davidoff, pro se
2956 Kirk Road
Lake Worth, Florida 33461
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 $7,278.00 lottery prize to reduce an outstanding arrearage for child support.
PRELIMINARY STATEMENT
On or about January 16, 2003, the Department of Revenue (DOR) notified the Petitioner, Daryl Davidoff, (Davidoff) that it had certified to the Department of Lottery (DOL) that Davidoff owed a child support obligation exceeding his
$7,278.00 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 May 13, 2003.
By agreement of the parties the case was set for final hearing by video teleconferencing on June 24, 2003.
DOR presented the testimony of Patricia Ash, and Composite Exhibits DOL 1 and DOL 2 were admitted into evidence. Davidoff testified in his own behalf. A transcript of the hearing was not provided.
FINDINGS OF FACT
DOR and DOL 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.
DOR and DOL provided Davidoff with timely and proper notice of their finding that he was indebted to the state for court-ordered child support through the court depository, in the total amount of $32,400.00 as of July 29, 1996.
Davidoff was further notified that it was the state's intent to intercept his lottery prize and apply it to partially satisfy his unpaid child support debt.
Pursuant to a Final Judgment of Paternity and Order for Payment of Arrears entered on July 29, 1996, Davidoff is subject to a lawful order requiring him to pay child support retroactive to June 6, 1996, in the total amount of
$32,400.00.
Davidoff failed to discharge his child support obligations pursuant to that judgment. He admits arrearages in an amount in excess of $27,000.00 as of the date of the final hearing.
DOR is entitled, indeed required by law, to apply the Petitioner’s lottery prize in the amount of $7,278.00 to partially satisfy this past-due child support debt.
CONCLUSIONS OF LAW
Section 409.2557, Florida Statutes (1997), provides:
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.
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.
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.
DOR has fulfilled all of the statutory prerequisites necessary to establish its entitlement and legal duty to collect Davidoff's lottery prize and apply it to his unpaid child support obligation.
Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Revenue enter a final order retaining Davidoff's $7,278.00 lottery prize to be applied to reduce the accrued arrearage on Davidoff's child support obligation.
DONE AND ENTERED this 31st day of July, 2003, in Tallahassee, Leon County, Florida.
S
___________________________________ 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 31st day of July, 2002.
COPIES FURNISHED:
David Davidoff 2956 Kirk Road
Lake Worth, Florida 33461
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.
Issue Date | Proceedings |
---|---|
Jun. 21, 2004 | Final Order filed. |
Jul. 31, 2003 | Recommended Order (hearing held June 24, 2003). CASE CLOSED. |
Jul. 31, 2003 | Recommended Order cover letter identifying the hearing record referred to the Agency. |
Jul. 16, 2003 | Respondent`s Proposed Recommended Order filed. |
Jul. 08, 2003 | Petitioner`s Proposed Recommended Order (filed via facsimile). |
Jun. 24, 2003 | CASE STATUS: Hearing Held; see case file for applicable time frames. |
Jun. 20, 2003 | Witness List and Exhibits filed by C. Walker. |
May 29, 2003 | Order of Pre-hearing Instructions issued. |
May 29, 2003 | Notice of Hearing by Video Teleconference issued (video hearing set for June 24, 2003; 9:30 a.m.; West Palm Beach and Tallahassee, FL). |
May 22, 2003 | Respondents Joint Response to Initial Order filed. |
May 15, 2003 | Notice of Intent to Intercept Lottery Winnings filed. |
May 15, 2003 | Request for Administrative Hearing filed. |
May 15, 2003 | Agency referral filed. |
May 15, 2003 | Initial Order issued. |
Issue Date | Document | Summary |
---|---|---|
Sep. 22, 2003 | Agency Final Order | |
Jul. 31, 2003 | Recommended Order | Department of Revenue is entitled to seize lottery winnings to satisfy child support arrearages. |