STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PABLO YUNES MOLINA,

Petitioner,

vs.

DEPARTMENT OF REVENUE, CHILD SUPPORT ENFORCEMENT AND DEPARTMENT OF LOTTERY,

Respondents.

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) Case No. 02-1298

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RECOMMENDED ORDER

The parties having been provided proper notice, Administrative Law Judge John G. Van Laningham of the Division of Administrative Hearings convened and completed a formal hearing of this matter by video teleconference on June 21, 2002. The Administrative Law Judge presided, and Respondents’ counsel and their witness appeared, in Tallahassee, Florida. No one participated in the final hearing from the site in Miami that was open and available to all parties.

APPEARANCES

For Petitioner: No appearance.

For Respondents: Chriss Walker, Esquire

Child Support Enforcement Department of Revenue Post Office Box 8030

Tallahassee, Florida 32314-8030

STATEMENT OF THE ISSUE

The issue in this case is whether the Department of Revenue should intercept and apply Petitioner’s lottery prize to reduce an outstanding arrearage for child support.

PRELIMINARY STATEMENT

In a Notice of Intent to Intercept Lottery Winnings issued on January 30, 2002, the Department of Revenue (DOR) notified Petitioner Pablo Yunes Molina (Molina) that unless he timely requested an administrative hearing, the Department of the Lottery (DOL) would transmit the lottery prize he had claimed to DOR, which intended to apply the prize to satisfy or reduce an amount Molina owed for child support. Molina timely requested a hearing, and DOR referred the matter to the Division of Administrative Hearings on March 29, 2002, where the case was assigned to an administrative law judge (ALJ). The ALJ scheduled a final hearing for June 21, 2002, at 10:00 a.m.

The ALJ convened the final hearing as scheduled.

Respondents appeared through counsel and were ready for hearing. Molina failed to appear, despite having been provided adequate notice of the proceedings. Attempts were made to call him but to no avail. After waiting 25 minutes, the ALJ proceeded with the hearing.

Respondents presented one witness, an employee of DOR named Patricia Ash. In addition, Composite Exhibits DOR-1 and DOL-1 were admitted into evidence.

In an Order of Post-Hearing Instructions dated June 21, 2002, the parties were directed to file their respective proposed recommended orders no later than July 11, 2002.

Respondents timely complied with this instruction. Molina did not. Indeed, Petitioner has failed or refused to participate at all in this proceeding, which, of course, transpired at his request.

A final hearing transcript was not provided.

FINDINGS OF FACT

1. On January 25, 2002, Molina signed a Florida Lottery Winner Claim Form and transmitted it to DOL to redeem a lottery prize in excess of $600.

2. Thereafter, shouldering its legal responsibility, DOR notified DOL that Molina was in arrears on a child support obligation that DOR was enforcing.

3. On or around January 30, 2002, DOR notified Molina of its intent to intercept his lottery prize and apply it to satisfy or reduce an unpaid child support debt.

4. Molina’s child support obligation is payable to the Central Depository of the Clerk of the Miami-Dade County Circuit

   Court pursuant to an order issued by a judge of that circuit on March 28, 1996.

5. Molina owes in excess of $20,000 in unpaid child support.

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has personal and subject matter jurisdiction in this proceeding pursuant to Sections 120.569 and 120.57(1), Florida, and the parties have standing.

7. Section 24.115(4), Florida Statutes, provides:

   
   

   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 shall transmit the amount of the debt to the agency claiming the debt and shall authorize payment of the balance to the prize winner after deduction of the debt.

   
   

8. Section 409.2557, Florida Statutes, provides:

   
   

   1. The department [of Revenue] is designated as the state agency responsible for the administration of the child support enforcement program, Title IV-D of the Social Security Act, 42 U.S.C. ss. 651 et seq.

   2. The department in its capacity as the state Title IV-D agency shall have the authority to take actions necessary to carry out the public policy of ensuring that

      children are maintained from the resources of their parents to the extent possible.

      The department's authority shall include, but not be limited to, the establishment of paternity or support obligations, as well as the modification, enforcement, and collection of support obligations.

      
      

9. DOR has fulfilled the statutory prerequisites necessary to establish its entitlement and legal duty to intercept Molina’s lottery prize and apply it to his unpaid child support obligation.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED (if this has not been done already) that the Department of the Lottery transmit Molina’s lottery prize to the Department of Revenue. It is further RECOMMENDED that the Department of Revenue enter a final order directing that Molina’s lottery prize be applied to satisfy or reduce the accrued arrearage on his child support obligation and providing that the balance of the prize, if any, be paid to Molina.

DONE AND ENTERED this 15th day of August, 2002, in Tallahassee, Leon County, Florida.

JOHN G. VAN LANINGHAM

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 15th day of August, 2002.

COPIES FURNISHED:

Pablo Y. Molina

10815 Northwest 50th Street Apartment 303

Miami, Florida 33178

Chriss Walker, Esquire Child Support Enforcement Department of Revenue Post Office Box 8030

Tallahassee, Florida 32314-8030

Louisa Warren, Esquire Department of Lottery

250 Marriott Drive Tallahassee, Florida 32301

James Zingale, Executive Director Department of Revenue

104 Carlton Building Tallahassee, Florida 32399-0100

J. Bruce Hoffmann, General Counsel Department of Revenue

204 Carlton Building Tallahassee, Florida 32399-0100

David Griffin, Secretary Department of Lottery

250 Marriott Drive Tallahassee, Florida 32301

Ken Hart, General Counsel Department of Lottery

250 Marriott Drive Tallahassee, Florida 32301

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of 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: 02-001298

Orders for Case No: 02-001298