STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS CALOS FROMENA-FUENTE, ) ) Petitioner, ) ) 32 vs. ) DOAH Case No.: 02-3631 Me GY ) Case No.: DOR-02-0230 Bees 1, TT} DEPARTMENT OF REVENUE AND ) Eo DEPARTMENT OF LOTTERY, ) S ) % Respondents. ) ) FINAL ORDER Lillie Bogan, as Director of the Child Support Enforcement Program, Department of Revenue (DOR), being directed by Section 24.115 (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. PRELIMINARY STATEMENT 1. Petitioner’s address is 1274 NW 79" Street, Trailer J-1007, Miami, Florida 33147. 2. On December 29, 2000, DOR notified Petitioner that it had received his lottery prize from DOL and intended to apply it to reduce his child support arrearage. Petitioner timely requested an administrative hearing before the Division of Administrative Hearings (DOAH). FINAL ORDER At a hearing before a Dade County Circuit Court on December 4, 2002, the judge entered a judgment finding that MR CARLOS FROMETA-FUENE had a current arrearage of $3,088.67. Based upon that order, MR CARLOS FROMETA-FUENE waived his right to the scheduled Administrative hearing before DOAH and entered into a Stipulated and Consent Agreement, on December 18, 2002, with the Department of Revenue, a copy of which is attached hereto and incorporated herein by reference, therefore it is: ORDERED that the $2,500.00 lottery prize of MR CARLOS FROMETA-FUENE, be retained by the Department of Revenue, Child Support Enforcement Program, and applied to reduce the $3,088.67 arrearage of child support owed by the Petitioner. This Order is effective upon filing with the Deputy Agency Clerk.. DONE AND ORDERED in Tallahassee, Florida this IT bay of January, 2003. Gate foraan— LLIE BOGAN, Digector Child Support Enforcement Program Copies furnished to: Carlos Fromenta-Fuente 1274 NW 79" Street Trailer J-1007 Miami, Florida 33147 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 Patricia A. Malono Administrative Law Judge The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399 CERTIFICATE OF FILING IT HEREBY CERTIFY that the foregoing Final Order has been filed in the official records of the Department of Revenue, this AD day of J anuary, 2003. PILED 03 JAN 23 PM 12:9 CARLOS FROMENTA-FUENTE, ) DIVISION OF ae HOH OF Petitioner, ) ADMINISTRATIVE ) HEARINGS Vs, ) DOAH Case No.: 02-3631 ) DEPARTMENT OF REVENUE, AND ) Case No. DOR-02-0230 DEPARTMENT OF LOTTERY ) Respondents. ) STIPULATION AND CONSENT AGREEMENT This Stipulation and Consent Agreement is entered into by and between CARLOS FROMENTA-FUENTE (Petitioner) and the DEPARTMENT OF REVENUE (DOR). In consideration for the mutual promises and other good and valuable consideration, receipt of which is hereby acknowledged, the parties in the above referenced case, on the last date executed below, agree as follows: 1. DOR and DOL are the agencies of the State of Florida charged with the duty for the administrative enforcement of the intercept of lottery prize winnings to satisfy past due child support debt. 2. The Petitioner made a claim to a lottery prize in the amount of $2,500.00 on or about November 9, 2000. 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 $4,116.69. 4. Pursuant to subsection 24.115(4), Florida Statutes, Petitioner’s entire lottery prize in the amount of $2,500.00 was transferred to DOR by DOL. ese ate =e 5, Petitioner was given written notice on December 29, 2000 of the DOR’s intent to intercept his lottery prize in the amount of $2,500.00, it had received from DOL, and apply it to partially satisfy his unpaid child support debt. 6. Petitioner timely requested a formal hearing pursuant to 120.57(1), Florida Statutes, regarding the final decision by DOR to retain the $2,500.00 and apply it to the certified child support debt. 7. During a circuit court hearing on December 4, 2002, the Circuit Court Judge in Dade County entered a judgment finding that MR. FROMETA-UENTES had an arrearage of $3,088.67. 8. Petitioner, FROMETA-UENTES, agrees that there is a past due child support debt in the amount of $3,088.67. He agrees that the DOR and the DOL are authorized by statute to intercept his lottery prize of $3,088.67 and apply it to totally satisfy his past due child support debt. 9. DOR agrees to apply the $3,088.67 lottery prize to satisfy Petitioner’s past due child support debt. 10. Based upon the mutual agreement by and between the Petitioner and DOR, as to the factual correctness of provisions 6, 7, 8 and 9 above, it is the belief and conclusion of the Petitioner and DOR that the matters upon which the above referenced petition is based have been resolved without the necessity of a formal administrative hearing. 11. Accordingly, the Petitioner withdraws his Petition for an Administrative Hearing. yt 12. This executed Stipulation and Consent Agreement shall constitute a stipulation for dismissal with prejudice, of Petitioner’s request for a formal administrative proceeding. 13. The Petitioner agrees that the Final Order issued by DOR incorporating this Stipulation and Consent Agreement shall 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 rights 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 fees occurred 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. 15. The undersigned hereby acknowledge and agree to the terms and conditions of the foregoing Stipulation and Consent Agreement by written consent on the date indicated below. Clos BengB2 Lr cule CARLOS FROMETA-FUENTE Petitioner Senior Attorney Department of Revenue (2-[g- 02 Eek 2002. DATE Eta 7 se (es)

Docket for Case No: 02-003631