Rendered F-Y4AE Date CSE Legal STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS PHILIPPE DROUILLARD, ) ) Petitioner, ) ) vs. ) DOAH Case No. 01-4328 ) Case No. DOR-011-3965 DEPARTMENT OF REVENUE AND ) - V L and DEPARTMENT OF LOTTERY, ) Ss) ‘ ) Core \9) Respondents. ) ) FINAL ORDER Lillie Bogan, as Director of the Child Support Enforcement Program, Department of Revenue (DOR), being directed by section 24.1 15 (4), Florida Statutes, to receive from the Department of the Lottery (DOL) the prizes of certain winners who are indebted to the state or owing child support collected through a court, herewith enters this Final Order as required by Chapter 120, Florida Statutes. FINDINGS OF FACT 1. Petitioner’s address is 4200 NW 3™ Court Apt. # 116, Plantation, Florida 33317. 2. The Petitioner made a claim to a lottery prize in the amount of $5,085.50. 3. The Department of Revenue notified the Department of the Lottery that Petitioner was indebted to the state for court ordered child support through the court depository and administrative cost in the amount of $8,758.40. 4. Pursuant to subsection 24.115(4), Florida Statutes, Petitioner’s entire lottery prize of $5,085.50 was transferred to DOR by DOL because it was less than Petitioner’s past due support obligation and state debt of $8,758.40. 5. Petitioner was notified by DOR that his lottery prize of $5,085.50, received from DOL, would be applied to partially satisfy the unpaid past due support obligation and state debt of $8,758.40. 6. Petitioner timely requested an administrative hearing, pursuant to section 120.57(1), Florida Statutes, regarding the final decision by DOR to retain his $5,085.50 lottery prize and apply it to the certified past due support obligation and state debt. 7. Petitioner agrees that there is a past due child support debt that he is paying through an Income Deduction Order and that the DOR and the DOL are authorized by statute to intercept his lottery prize and apply it to totally or partially satisfy his past due child support debt. 8. DOR agrees to apply the Petitioner’s lottery prize in the amount of $5,085.50 to partially satisfy his past due child support debt. 9. Based upon a Stipulation and Consent Agreement among the Petitioner, DOR and DOL as to the correctness of provisions 6, 7 and 8 above, the Petitioner, DOR and DOL further agree that the issues upon which the above referenced petition was based have been resolved without the necessity of a formal administrative hearing. 10. Accordingly, the Petitioner withdraws his Petition for an Administrative Hearing. 11. Based upon a Status Report showing that the Petitioner, DOR and DOL agree that the issues upon which the above referenced petition was based have been resolved without the necessity of a formal administrative hearing, the Administrative Law Judge relinquished jurisdiction of this case to enable the Petitioner and DOR to resolve this matter without the necessity of a formal administrative hearing. 12. Accordingly, DOR will retain the Petitioner’s lottery prize in the amount of $5,085.50 and apply it to partially reduce the child support debt owed by the Petitioner. 13. The Petitioner agrees that the Final Order issued by DOR will constitute a valid Final Order rendered by DOR. The Petitioner waives any right to separately stated Findings of Fact, Conclusions of Law, Attachment of a Notice of Rights, and further waives all tights to administrative or judicial determination or review thereof. 14. _ All parties agree that each party shall be solely responsible for the separate costs and attorney’s fees incurred up to the entry of the Final Order in this matter. The Petitioner hereby waives, releases, and forever discharges the Respondents and their agents, representatives, and employees from any cause of action in law or equity arising out of this administrative proceeding. CONCLUSIONS OF LAW 1. This office has received documentation from the DOR Regional office that demonstrates that the Petitioner owes an arrearage on his child support obligation collected through a court in the amount of $8,758.40. 2. Petitioner, having requested an Administrative Hearing within twenty-one days after receipt of the Notice of his right to do so, was entitled to a 120.57 hearing. Rule 3-7.002, Florida Administrative Code. 3. Based upon the results of a review done by DOR and the Stipulation and Consent Agreement in this case, it is concluded that MR. PHILIPPE DROUILLARD owes the entire lottery prize amount of $5,085.50 to partially satisfy his child support debt of $81,758.40. FINAL ORDER BASED UPON the foregoing Findings of Fact and Conclusions of Law, it is: ORDERED that the $5,085.50 lottery prize of the Petitioner, PHILIPPE DROUILLARD be retained by DOR to partially satisfy Petitioner’s child support debt of $8,758.40. This Order is effective and final upon filing with the Deputy Agency Clerk. va DONE AND ORDERED in Tallahassee, Florida this? Val day of May, 2002. Copies furnished to: Chriss Walker, Senior Attorney Child Support Enforcement Department of Revenue P.O. Box 8030 Tallahassee, Florida 32314-8030 Louisa Warren, Senior Attorney Department of the Lottery 250 Marriott Drive Tallahassee, Florida 32399 John G. Van Laninghaam Administrative Law Judge The DeSoto Building 1230 Apalachee Parkway Tallahassee Florida 32399-3060 Patricia Ash Revenue Specialist II 4070 Esplanade Way Tallahassee, Florida 32399-3150 CERTIFICATE OF FILING I HEREBY CERTIFY that the foregoing Final Order has been filed in the official St records of the Department of Revenue, this Hay of May, 2002 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order was duly sent by U. S. Mail to MR. PHILIPPE DROUILLARD, 4200 NW 3% Court Apt. # 116, oa _ 3st Plantation, Florida 33317, this —~day of May, 2002. CHRISS = lalol fe Senior Attorney Child Support Enforcement Department of Revenue P.O. Box 8030 Tallahassee, Florida 32314-8030 (904) 922-9546 Florida Bar No. 0188653

Docket for Case No: 01-004328