STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EVERETT STAPLETON, )

)

Petitioner, )

)

vs. ) CASE NO. 90-0577

)

OFFICE OF THE COMPTROLLER, )

DEPARTMENT OF THE LOTTERY, )

and DEPARTMENT OF HEALTH ) AND REHABILITATIVE SERVICES. )

)

Respondent. )

)

RECOMMENDED ORDER

This matter was heard by William R. Dorsey, Jr., the assigned Hearing Officer of the Division of Administrative Hearings, on April 23, 1990, in Tallahassee, Florida.

APPEARANCES

For Petitioner: Everett Stapleton, pro se

17600 Northwest 27 Court

Miami, Florida 33056

For Office of Jo Ann Levin, Esguire

the Comptroller: Office of the Comptroller

Suite 1302, The Capitol Tallahassee, FL 32399-0350

For Department Louisa Warren, Esguire

of the Lottery: Department of the Lottery

205 Marriott Drive Tallahassee, FL 32301

For the Dept Chriss Walker, Esquire of Health and Department of Health and Rehabilitative Rehabilitative Services Services: 1317 Winewood Boulevard

Tallahassee, FL 32399-0700 STATEMENT OF THE ISSUE

The issue is whether Mr. Stapleton owes child support which should be deducted from his winnings in the Florida Lottery.

PRELIMINARY STATEMENT

During the hearing, it appeared that the records of child support payments by Mr. Stapleton maintained by the Clerk of the Circuit Court for Dade County may have been in error. A recess was taken to permit the parties to develop a schedule showing payments reflected' in the Clerk's records', payments for' ` which Mr. Stapleton had receipts in the form of cancelled checks which may not be reflected in the Clerk's records, and payments which Mr. Stapleton maintains he made, although he cannot locate cancelled checks or other receipts for them. That schedule was developed, and the hearing reconvened. The parties waived the opportunity to file proposed findings of fact and conclusions of law.

FINDINGS OF FACT

1. Everett Stapleton held a winning ticket from the December 9, 1989, Florida Lotto drawing, and claimed his prize of $4,312.50 on December 12, 1989. The Office of the Comptroller searched the records of state agencies to determine whether Mr. Stapleton was indebted to the state, or owed child support which was being collected through a court. It determined that Mr. Stapleton owed $5,896 in child support, and therefore withheld paying the prize.

   
   

2. By an Amended Final Judgment Dissolving Marriage dated November 29, 1983, Mr. Stapleton had been required to make child support payments of $50 per week through the Clerk of the Circuit Court in Dade County.

   
   

3. During the hearing, the parties had conflicting payment records from the Clerk of the Circuit Court. After a recess, during which Mr. Stapleton and representatives of the Department of Health and Rehabilitative Services consulted, they came to an agreement, which they announced when the hearing reconvened.

   
   

4. The parties agreed that as of Friday, April 20, 1990, Mr. Stapleton owed $6,796 in back child support, under the Amended Final Judgment Dissolving Marriage dated November 29, 1983.

CONCLUSIONS OF LAW

The Division of Administrative Hearings has jurisdiction over this matter.

Section 120.57(1), Florida Statutes.

The Office of the Comptroller is required by Section 24.115(4), Florida Statutes, to search the records of state agencies to identify persons who owe debts to the State, and those who owe "child support collected through a court," and to deduct any such debts from Lottery prizes before they are transmitted to the winner. Mr. Stapleton agrees that he owes $6,796 in past child support as of April 20, 1990.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered by the Office of the Comptroller

requiring the payment of the $4,312.50 to the Department of Health and Rehabilitative Services, to be applied to reduce Mr. Stapleton's current obligation for past due child support.

DONE and ENTERED this 26th day of April, 1990, at Tallahassee, Florida.

WILLIAM R. DORSEY, JR.

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 30th day of April, 1990.

COPIES FURNISHED:

Chriss Walker, Esquire Department of Health and

Rehabilitative Services 1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Louisa Warren, Esquire Department of the Lottery

205 Marriott Drive Tallahassee, Florida 32301

Jo Ann Levin, Esquire Office of the Comptroller Suite 1302, The Capitol

Tallahassee, Florida 32399-0350

Everett Stapleton

17600 Northwest 27 Court

Miami, Florida 33056

Honorable Gerald Lewis, Comptroller Department of Banking & Finance

The Capitol

Tallahassee, Florida 32399-0350

William G. Reeves, General Counsel Department of Banking & Finance The Capitol

Plaza Level, Room 1302 Tallahassee, Florida 32399-0350

Docket for Case No: 90-000577

Orders for Case No: 90-000577