STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAMES MERRIWEATHER, )

)

Petitioner, )

)

vs. ) CASE NO. 95-2931

)

DEPARTMENT OF BANKING AND ) FINANCE, DEPARTMENT OF REVENUE ) and DEPARTMENT OF THE LOTTERY, )

)

Respondents. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Stephen F. Dean, held a formal hearing in the above- styled case on October 10, 1995, in Tallahassee, Florida.

APPEARANCES

For Petitioner: No appearance. For Respondent Stephen S. Godwin

Department of Assistant General Counsel Banking and Office of the Comptroller Finance: Suite 1302, The Capitol

Tallahassee, Florida 32399-0350

For Respondent Department of

Revenue: No appearance.

For Respondent Department of

Lottery: No appearance.

STATEMENT OF THE ISSUES

The issue in this proceeding is whether Petitioner's lottery prize should be withheld and used to pay an outstanding debt for child support.

PRELIMINARY STATEMENT

By letter dated February 17, 1995, the Department of Banking and Finance (DBF) notified Petitioner that the Department of the Lottery (DOL) 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 Revenue (DOR) that Petitioner owed $2,513.00 to DOR for past public assistance arrearage. As the amount of arrearage exceeded the amount of winnings, DBF advised Petitioner

that it intended to apply the entire winnings to the public assistance 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 October 10, 1995.

At the hearing, neither Petitioner, DOR or DOL, nor anyone on their behalf appeared. A transcript was not ordered. The Hearing Officer instructed DBF's counsel to prepare an order disposing of the case.

FINDINGS OF FACT

1. The Petitioner did not appear and no evidence was presented.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

3. Pertinent to this case, Section 24.115(4), Florida Statutes, provides that:

   
   

   It is the responsibility of the appropriate state agency and of the judicial branch to identify to the department [of the lottery],

   in the form and format prescribed by the depart- ment [of the lottery], 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 $600.00 or more to any claimant having such as outstanding obligation, the department [of the lottery] may transmit the prize money to the comptroller who may authorize payment of the balance to the prize winner after deduction of the debt . . . .

   
   

4. The Petitioner failed to present evidence to controvert his debt of

$2,513.00 in past public assistance obligation. Accordingly, the transfer by the Department of the Lottery to the comptroller for application of Petitioner's lottery winnings to reduce Petitioner's debt is uncontroverted.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Department of Banking and Finance enter a final order

dismissing the Petitioners request for a formal hearing, and transferring

Petitioner's lottery prize to the Department of Revenue in partial satisfaction of Petitioner's debt for past public assistance obligation.

DONE and ENTERED this 20th day of October, 1995, at Tallahassee, Florida.

STEPHEN F. DEAN, 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 20th day of October, 1995.

COPIES FURNISHED:

James Merriweather 1333 7th Street West Jacksonville, FL 32209

Chriss Walker, Esquire Child Support Enforcement Department of Revenue

P. O. Box 8030 Tallahassee, FL 32314-8030

Louisa Warren, Esquire Department of the Lottery

250 Marriott Drive Tallahassee, FL 32399

Stephen S. Godwin, Esquire Office of the Comptroller Suite 1302, The Capitol Tallahassee, FL 32399-0350

Hon. Robert F. Milligan, Comptroller Department of Banking and Finance The Capitol, Plaza Level Tallahassee, FL 32399-0350

Harry Hooper, Esquire

Department of Banking and Finance The Capitol - Room 1302 Tallahassee, FL 32399-0350

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: 95-002931

Orders for Case No: 95-002931