STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

NATHANIEL WILLIAMS, )

)

Petitioner, )

)

vs. ) CASE NO. 92-6056

) DEPARTMENT OF BANKING AND FINANCE, ) DEPARTMENT OF HEALTH AND ) REHABILITATIVE SERVICES, DEPARTMENT ) OF LOTTERY, )

)

Respondents. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Claude B. Arrington, held a formal hearing in the above-styled case on November 23, 1992, in Tallahassee, Florida.

APPEARANCES

For Petitioner: No Appearance For Respondent, Scott C. Wright

Department of Assistant General Counsel Banking and Finance: Office of the Comptroller

The Capitol, Suite 1302 Tallahassee, Florida 32399-0350

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

Tallahassee, Florida 32399-0700

For Respondent, Louisa Warren, Esquire Department of Department of Lottery

Lottery: 250 Marriott Drive

Tallahassee, Florida 32399-4000 STATEMENT OF THE ISSUE

Whether Petitioner owed back child support that was being collected through the Clerk of the Circuit Court in and for Dade County, Florida, and, if so, whether part of Petitioner's lottery prize should be withheld and used to pay that amount.

PRELIMINARY STATEMENT

By letter dated September 4, 1992, the Department of Banking and Finance (DBF), notified Petitioner that the Department of Lottery (Lottery) had

transmitted his prize of $2,500.00 to it pursuant to Section 24.115(4), Florida Statutes, based on information received from the Department of Health and Rehabilitative Services (DHRS) that Petitioner owed $2,187.24 to DHRS for child support arrearages. Enclosed with the notification was State of Florida warrant number 0453883 in the amount of $312.76, which represented the difference between the amount of the prize and the purported child support arrearages. DBF advised Petitioner that it intended to apply the remainder of the prize to the debt. Petitioner filed a protest of DBF's proposed action and requested a formal hearing.

The case was referred to the Division of Administrative Hearings which noticed and conducted the hearing. The case was heard on November 23, 1992.

At the hearing, neither Petitioner, nor anyone on his behalf appeared.

DHRS called Nancy N. Hoppe as a witness and entered three exhibits which were received into evidence. DBF called no witnesses but entered two exhibits which were received as evidence. Lottery called no witnesses but entered one exhibit which was received into evidence.

The transcript of the proceedings was not ordered. At the request of the parties, the time for filing post-hearing submissions was set for more than ten days following the date of hearing. Consequently, the parties waived the requirement that a recommended order be rendered within thirty days after the conclusion of the hearing. Rule 60Q-2.031(2), Florida Administrative Code. The proposed findings of fact submitted by Respondents are adopted in material part by this Recommended Order with the exception of the proposed findings in Paragraph 5, which are subordinate to the findings made. Petitioner did not file a proposed recommended order.

FINDINGS OF FACT

1. On August 11, 1992, Petitioner submitted a claim to the Lottery based on a Play-4 ticket he held for the Lotto drawing of August 9, 1992. The ticket reflected that Petitioner was eligible for a prize of $2,500.00.

   
   

2. On August 11, 1992, DHRS certified to the Lottery that Petitioner owed

   $2,187.24 in Title IV-D child support arrearage. By letter dated August 27, 1992, the Lottery notified Petitioner that DHRS had advised it of the outstanding debt and that, pursuant to Section 24.115(4), Florida Statutes, it had transmitted the prize amount to DBF. Petitioner was further advised that DBF would notify him shortly regarding the distribution of the funds.

   
   

3. By letter dated September 4, 1992, DBF notified Petitioner that it was in receipt of his prize from the Lottery and that it intended to apply

   $2,187.24 of the award toward the unpaid claim for child support. Enclosed with the letter was State of Florida warrant number 0453833 in the amount of $312.76 payable to Petitioner. This warrant was payment of part of the Petitioner's lottery prize and represented the difference between the amount of the prize and the amount of child support that DHRS had certified as being due.

   
   

4. In a letter received by DBF on September 28, 1992, Petitioner disputed that any obligation was outstanding and requested a formal hearing.

   
   

5. The evidence presented by Respondents established that as of August 9, 1992, the date of Petitioner's lottery winnings, Petitioner owed child support in the amount of $2,187.24. These child support payments were being collected through the Clerk of the Circuit Court, in and for Dade County, Florida,

   pursuant to a Final Judgment of Paternity entered by Dade Circuit Judge Seymour Gelber on September 30, 1986, in Dade Circuit Court Case No. 86-23681.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings. Section 120.57(1), Florida Statutes.

   
   

7. Section 24.115(4), Florida Statutes, establishes certain duties and responsibilities of the Department of the Lottery and other state agencies and provides, in pertinent part, as follows:

   
   

   It is the responsibility of the appropriate state agency and of the judicial branch to identify to the department, in the form and format prescribed by the department, persons owing an outstanding debt to any state agency or 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. ...

   
   

8. The uncontroverted proof at hearing demonstrated that Petitioner owed

$2,187.24 in back child support and that the subject child support was being collected through the Clerk of the Circuit Court in and for Dade County, Florida. Accordingly, DBF's application of $2,187.24 of Petitioner's lottery winnings, to reduce Petitioner's debt, was appropriate under the authority of Section 24.115(4), Florida Statutes.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Banking and Finance transfer to the

Department of Health and Rehabilitative Services the sum of $2,187.24 in

satisfaction of Petitioner's debt for child support as of August 9, 1992.

DONE and ENTERED this 17th day of December, 1992, at Tallahassee, Florida.

CLAUDE B. ARRINGTON

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 17th day of December, 1992.

COPIES FURNISHED:

Nathaniel Williams

9028 S.W. 97th Avenue, Apt. 3

Miami, Florida 33176-1966

Scott C. Wright

Assistant General Counsel Office of the Comptroller The Capitol, Suite 1302

Tallahassee, Florida 32399-0350

Honorable Gerald Lewis Comptroller, State of Florida Department of Banking and Finance The Capitol, Plaza Level Tallahassee, Florida 32399-0350

William G. Reeves, General Counsel Department of Banking and Finance Room 1302, The Capitol Tallahassee, Florida 32399-0350

Chriss Walker, Esquire Department of Health and

Rehabilitative Services 1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Robert L. Powell, Agency Clerk Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32399-0700

John Slye, General Counsel Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32399-0700

Louisa Warren, Esquire Department of Lottery

250 Marriot Drive

Tallahassee, Florida 32399-4000

Dr. Marcia Mann, Secretary Department of Lottery

250 Marriot Drive Tallahassee, Florida 32301

Ken Hart, General Counsel Department of Lottery Knight Building, Suite 309 Koger Executive Center 2737 Centerview Drive

Tallahassee, Florida 32399-0950

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 92-006056

Orders for Case No: 92-006056