STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DARYL DAVIDOFF, )

)

Petitioner, )

)

vs. ) Case No. 03-1743

) DEPARTMENT OF REVENUE, CHILD ) SUPPORT ENFORCEMENT, and ) DEPARTMENT OF LOTTERY, )

)

Respondents. )

_____________________________ )

RECOMMENDED ORDER

Pursuant to notice, a formal administrative hearing was held on June 24, 2003, before Florence Snyder Rivas, Administrative Law Judge, via video teleconference in West Palm Beach and Tallahassee.

APPEARANCES

For Petitioner: David Davidoff, pro se

2956 Kirk Road

Lake Worth, Florida 33461

For Respondents: Chriss Walker, Esquire

Child Support Enforcement Department of Revenue Post Office Box 8030

Tallahassee, Florida 32314-8030

Louisa Warren, Esquire Department of the Lottery

250 Marriott Drive Tallahassee, Florida 32301

STATEMENT OF THE ISSUE

The issue for determination is whether the Department of Revenue should retain and apply the Petitioner’s $7,278.00 lottery prize to reduce an outstanding arrearage for child support.

PRELIMINARY STATEMENT

On or about January 16, 2003, the Department of Revenue (DOR) notified the Petitioner, Daryl Davidoff, (Davidoff) that it had certified to the Department of Lottery (DOL) that Davidoff owed a child support obligation exceeding his

$7,278.00 lottery prize and that the prize had been sent to DOR to be applied to reduce his arrearage. Petitioner timely requested a hearing, and DOR referred the matter to the Division of Administrative Hearings (DOAH) on May 13, 2003.

By agreement of the parties the case was set for final hearing by video teleconferencing on June 24, 2003.

DOR presented the testimony of Patricia Ash, and Composite Exhibits DOL 1 and DOL 2 were admitted into evidence. Davidoff testified in his own behalf. A transcript of the hearing was not provided.

FINDINGS OF FACT

1. DOR and DOL are the agencies of the State of Florida charged with the duty to enforce statutes which provide for the seizure of lottery prize winnings to satisfy past-due

   child support debt.

   
   

2. DOR and DOL provided Davidoff with timely and proper notice of their finding that he was indebted to the state for court-ordered child support through the court depository, in the total amount of $32,400.00 as of July 29, 1996.

3. Davidoff was further notified that it was the state's intent to intercept his lottery prize and apply it to partially satisfy his unpaid child support debt.

4. Pursuant to a Final Judgment of Paternity and Order for Payment of Arrears entered on July 29, 1996, Davidoff is subject to a lawful order requiring him to pay child support retroactive to June 6, 1996, in the total amount of

   $32,400.00.

   
   

5. Davidoff failed to discharge his child support obligations pursuant to that judgment. He admits arrearages in an amount in excess of $27,000.00 as of the date of the final hearing.

6. DOR is entitled, indeed required by law, to apply the Petitioner’s lottery prize in the amount of $7,278.00 to partially satisfy this past-due child support debt.

   CONCLUSIONS OF LAW

   
   

7. Section 409.2557, Florida Statutes (1997), 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.

      
      

8. Subsection 61.14(6)(a)1, Florida Statutes (2001), provides:

   When support payments are made through the local depository or through the State Disbursement Unit, any payment or installment of support which becomes due and is unpaid under any support order is delinquent; and this unpaid payment or installment, and all other costs and fees herein provided for, become, after notice to the obligor and the time for response as set forth in this subsection, a final judgment by operation of law, which has the full force, effect, and attributes of a judgment entered by a court in this state for which execution may issue.

   
   

9. DOR has fulfilled all of the statutory prerequisites necessary to establish its entitlement and legal duty to collect Davidoff'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 that the Department of Revenue enter a final order retaining Davidoff's $7,278.00 lottery prize to be applied to reduce the accrued arrearage on Davidoff's child support obligation.

DONE AND ENTERED this 31st day of July, 2003, in Tallahassee, Leon County, Florida.

S

___________________________________ FLORENCE SNYDER RIVAS

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 31st day of July, 2002.

COPIES FURNISHED:

David Davidoff 2956 Kirk Road

Lake Worth, Florida 33461

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

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: 03-001743

Orders for Case No: 03-001743