STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

OFFICE OF COMPTROLLER, )

DEPARTMENT OF THE LOTTERY )

and DEPARTMENT OF HEALTH ) AND REHABILITATIVE SERVICES, )

)

Petitioners, )

)

vs. ) CASE NO. 89-1102

)

WILLIE J. THOMPSON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to written notice a formal hearing was held in this case before Larry J. Sartin, a duly designated Hearing Officer of the Division of Administrative Hearings, on May 22, 1989, in Tallahassee, Florida.

APPEARANCES

For Petitioners: Jo Ann Levin

Senior Attorney

Office of the Comptroller The Capitol, Suite 1302

Tallahassee, Florida 32399-0350

Chriss Walker Senior Attorney

Department of Health and Rehabilitative Services 1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Louisa E. Hargrett Senior Attorney

Department of the Lottery

250 Marriott Drive Tallahassee, Florida 32301

For Respondent: Willie J. Thompson, pro se

Post Office Box 3655 Jacksonville, Florida 32206

STATEMENT OF THE ISSUES

Whether Willie J. Thompson is entitled to the $5,000.00 prize for a winning lottery ticket presented by Mr. Thompson to the Department of the Lottery for collection?

PRELIMINARY STATEMENT

The Respondent, Willie J. Thompson, submitted a $5,000.00 winning lottery ticket to the Department of the Lottery for collection. The Department of the Lottery (hereinafter referred to as the "Lottery") transmitted the $5,000.00 prize to the Office of the Comptroller (hereinafter referred to as the "Comptroller") based upon information provided to the Lottery from the Department of Health and Rehabilitative Services (hereinafter referred to as "DHRS") that Mr. Thompson owed $4,026.40 in Title IV-D child support arrearages. The Comptroller notified Mr. Thompson on this action by letter dated December 28, 1988. Mr. Thompson requested an administrative hearing to contest the action of the Lottery and the Comptroller.

Mr. Thompson's request for hearing was forwarded to the Division of Administrative Hearings by the Comptroller by letter dated March 1, 1989.

At the formal hearing the Petitioners presented the testimony of Floyd C. Pfaender. Four exhibits were offered and accepted into evidence. One exhibit was identified as "Comptroller #1" and the other three exhibits were identified as "Lottery" exhibits 1-3.

Mr. Thompson testified on his own behalf and presented the testimony of Horace Bell, Carrie Mae Gavin, Georgia Ann Bell and Pearlie Mae Thompson. Mr. Thompson also offered two exhibits which were accepted into evidence.

By Order dated March 17, 1989, official recognition of Chapters 17 and 24, Florida Statutes, was taken.

The Petitioners have filed a proposed recommended order containing proposed findings of fact. A ruling on each proposed finding of fact has been made either directly or indirectly in this Recommended Order or the proposed finding of fact has been accepted or rejected in the Appendix which is attached hereto. Mr. Thompson did not file a proposed recommended order.

FINDINGS OF FACT

1. Horace Bell purchased lottery ticket number 04-202290-059 (hereinafter referred to as the "Ticket") on approximately December 11, 1988. The Ticket was an instant winning ticket in the amount of $5,000.00, in the Florida Lottery's Money Tree Instant game.

   
   

2. Willie J. Thompson drove Mr. Bell, his wife and other family members to Tallahassee on December 12, 1988, to file a claim for the prize.

   
   

3. Upon arriving at the Lottery's offices Mr. Bell found that he did not have proper identification. Therefore, he allowed Mr. Thompson to present the ticket for collection because Mr. Thompson had proper identification.

   
   

4. On December 12, 1988, Mr. Thompson completed a Florida Lottery Winner Claim Form (hereinafter referred to as the "Form") and submitted the Form and the Ticket to the Lottery.

   
   

5. On the back of the Ticket Mr. Thompson listed his name and address on the spaces provided for the person claiming the prize and signed the Ticket.

   
   

6. Mr. Thompson listed his name, Social Security Number, address and phone number on the Form. Mr. Thompson signed the Form as the "Claimant."

7. In a letter dated December 12, 1988, DHRS notified the Lottery that Mr. Thompson owed $4,026.40 in Title IV-D child support arrearages as of December 12, 1988.

   
   

8. Mr. Thompson has been paying his child support arrearages by having

   $30.00 taken out of each of his pay checks.

   
   

9. The $5,000.00 prize was forwarded from the Lottery to the Comptroller on December 12, 1988.

   
   

10. By letter dated December 20, 1988, Mr. Thompson was notified that the

    $5,000.00 prize for the Ticket he submitted was being transmitted to the Comptroller for possible payment of his Title IV-D child support arrearages.

    
    

11. Mr. Thompson was notified by the Comptroller by letter dated December 28, 1988, that the Comptroller intended to apply $4,026.40 of the $5,000.00 prize toward his unpaid obligation. Mr. Thompson was provided a state warrant for the $973.60 balance of the $5,000.00 prize.

    
    

12. Mr. Thompson requested a formal administrative hearing to contest the proposed action of the Comptroller.

    
    

13. Mr. Thompson's total obligation as of the date of the formal hearing had been reduced by the court-ordered $30.00 payments he has made since December, 1988. As of the date of the formal hearing, Mr. Thompson's total obligation was $3,335.60. His obligation will reduce further by payments made up until the date of the issuance of a Final Order in this matter. Mr. Thompson should be given credit for these additional payments.

    
    

    CONCLUSIONS OF LAW

    
    

14. The Division of Administrative Hearings has jurisdiction of the parties to and the subject matter of this proceeding. Section 120.57(1), Florida Statutes (1987).

    
    

15. Section 24.11.5(4), Florida Statutes (1987), provides:

    
    

    (4) It is the responsibility of the appropriate state agency and of the judicial branch to identify to the department [the Lottery], in the form and format prescribed by the department, persons . . . 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.

    
    

16. Section 24.105(10)(e), Florida Statutes (1987), authorizes the Lottery to adopt rules providing for the payment of lottery prizes to holders of winning tickets. Section 24.115(1), Florida Statutes (1987), requires that the Lottery adopt rules establishing a system of verifying the validity of lottery tickets

    submitted to claim prizes. Pursuant to this authority, the Lottery has adopted Rule 53ER87-43, Florida Administrative Code, which provides, in pertinent part, as follows:

    
    

    (6) Until such time as a name is imprinted or placed upon the back portion of the lottery ticket in the designated area a lottery ticket shall be owned by the physical possessor of such ticket. When a name is placed on the rear of the ticket in the designated place, the person whose name appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto.

    
    

17. Additionally, the Lottery had in effect Rule 53ER88-58, Florida Administrative Code, during the period of time in question in this case. This rule applied to the Money Tree Instant game and provided, in part, the following:

    
    

    (13) Regardless of how many persons claim an ownership interest in a winning ticket, payment will be made to only one person. The payment will be made to the person whose signature appears on the winning ticket.

    
    

18. The evidence in this case proved that Mr. Thompson owed child support being collected through a court. The evidence further proved that Mr. Thompson submitted a winning lottery ticket for collection of a $5,000.00 prize to the Lottery. Mr. Thompson's name had been entered on the back portion of the Ticket and Mr. Thompson had signed the Ticket. Pursuant to Rules 53R87-43 and 53ER88- 58, Florida Administrative Code, Mr. Thompson was the owner of the Ticket and was entitled to any prize attributable thereto.

    
    

19. Pursuant to Section 24.115(4), Florida Statutes (1987), DHRS had notified the Lottery of Mr. Thompson's obligation and the Lottery transmitted the prize money to the Comptroller. The amount of Mr. Thompson's obligation was less than the amount of the prize. Therefore, the balance of the prize money in excess of Mr. Thompson's obligation as of December 12, 1988, was paid to Mr. Thompson. Mr. Thompson is entitled to payment of any amount he has paid to reduce his child support arrearages since December 12, 1988, and any amount that he pays before the issuance of a Final Order in this case.

    
    

20. The actions of the Lottery, the Comptroller and DHRS were consistent with Florida law.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it Is RECOMMENDED that a Final Order be issued providing for payment of the

portion of the $5,000.00 prize attributable to the Ticket owed by Mr. Thompson

as child support arrearages as of the date of the Final Order to DHRS. The balance of the $5,000.00 prize should be paid to Mr. Thompson.

DONE and ENTERED this 21st day of June, 1989, in Tallahassee, Florida.

LARRY J. SARTIN

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 21st day of June, 1989.

APPENDIX Case Number 89-1102

The Petitioners have submitted proposed findings of fact. It has been noted below which proposed findings of fact have been generally accepted and the paragraph number(s) in the Recommended Order where they have been accepted, if any. Those proposed findings of fact which have been rejected and the reason for their rejection have also been noted.

The Petitioners' Proposed Findings of Fact

Proposed Finding Paragraph Number in Recommended Order of Fact Number of Acceptance or Reason for Rejection

1. 1.

2. 2-3.

3. 4 and 6.

4 7.

5 9.

6 11.

7 13.

8-9 Conclusions of law.

COPIES FURNISHED:

Jo Ann Levin Senior Attorney

Office of Comptroller The Capitol, Suite 1302

Tallahassee, Florida 32399-0350

Louisa E. Hargrett Senior Attorney

Department of the Lottery

250 Marriott Drive Tallahassee, Florida 32301

Chriss Walker Senior Attorney

Department of Health and Rehabilitative Services

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Willie J. Thompson Post Office Box 3655

Jacksonville, Florida 32206

Honorable Gerald Lewis Comptroller, State of Florida The Capitol

Tallahassee, Florida 32399-0350

Charles L. Stutts General Counsel

The Capitol, Plaza Level Tallahassee, Florida 32399-0350

Docket for Case No: 89-001102

Orders for Case No: 89-001102