Findings Of Fact Mr. Clinton Williams won a prize of $3,839.50 on a $1.00 wager in the Lotto game for October 12, 1991. Based upon a letter to the Department of the Lottery from Chriss Walker, the Acting Assistant Secretary for Child Support Enforcement. The Office of the Comptroller found that Mr. Williams owed $3,250 as back due child support. That amount was deducted from his winnings and on November 8, 1991, a state warrant in the amount of $589.50 was delivered to Mr. Williams. The arrearage arose because an error had been made in the child support enforcement division of the State Attorney's Office in Miami. An income deduction order had been entered against Mr. Williams by the family division of the Circuit Court in Dade County Florida on September 27, 1990, but no money was ever deducted from Mr. Williams' pay. When the Department of Health and Rehabilitative Services checked Mr. Williams' record after he submitted the winning ticket, the error was discovered. As a result, in January 1992 the award was modified obligating Mr. Williams to continue to pay $252 per month in child support, and to pay an additional $100 per month to pay back child support due under the September 27, 1990 order. In addition, the order entered by the Circuit Court on January 13, 1992, provides, in paragraph 14: The lottery winnings that are currently being withheld in Tallahassee shall be released to the Petitioner [the child's mother] immediately. Based on the order of the Circuit Court, there is no doubt that Mr. Williams is indebted for back child support. No error occurred in the interception of his lottery winnings to satisfy his obligation for that past-due child support.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petition for Formal Proceeding filed by Mr. Williams be dismissed. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 7th day of May 1992. 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 7th day of May 1992. COPIES FURNISHED: Karrin R. Boehm-Alman, Esquire Law Offices of Maurice M. Diliberto 28 West Flagler Street Suite 600 Miami, FL 33130 Bridget L. Ryan, Esquire Office of the Comptroller Suite 1302, The Capitol Tallahassee, FL 32399-0350 Louisa H. Warren, Esquire Department of the Lottery 250 Marriot Drive Tallahassee, FL 32301 Chriss Walker, Esquire Department of Health and Rehabilitative Services 1323 Winewood Boulevard Building One, Room 407 Tallahassee, FL 32399-0700 Honorable Gerald Lewis, Comptroller Department of Banking and Finance The Capitol, Plaza Level Tallahassee, FL 32399-0350 William G. Reeves, General Counsel Department of Banking and Finance Room 1302, The Capitol Tallahassee, FL 32399-0350
The Issue Whether the Department of Revenue should retain and apply the Petitioner's lottery prize to reduce an outstanding arrearage for child support.
Findings Of Fact The Respondents, the Department of Revenue and the Department of Lottery, are agencies of the State of Florida charged with the responsibility of administering and securing lottery prize winnings to apply to child support arrearages. The Petitioner, Frank Agoglia, was one of a group who completed a claim to a lottery prize in the amount of $7,509.50. The claim was timely submitted to the Department of Lottery, and the Petitioner was eligible to receive his share of the lottery prize. Before taxes, the Petitioner's share of the winning prize was $600.00. The Department of Revenue, acting pursuant to law, notified the Department of Lottery that the Petitioner owes court ordered child support in an amount exceeding the claimed prize. As provided in Section 24.115(4), Florida Statutes, the Petitioner's entire share of the lottery prize was transmitted to the Department of Revenue. The Petitioner was timely notified of the transfer. It is the intention of the Department of Revenue to apply the Petitioner's share of the winning prize to the outstanding child support arrearage. By letter dated March 3, 2001, the Petitioner challenged the transfer of the winning share to be applied to the arrearage. The Petitioner has not disputed the paternity of the child nor the child support obligations imposed by a court of law. It is also undisputed that the amount of the arrearage exceeds the Petitioner's share of the lottery prize. The Petitioner presented no evidence to support his contention that the lottery prize winnings should not be applied to the child support arrearage.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Revenue enter a final order retaining the Petitioner's lottery prize and to apply it to reduce the arrearage of child support owed by the Petitioner. DONE AND ENTERED this 23rd day of January, 2002, in Tallahassee, Leon County, Florida. ___________________________________ J. D. PARRISH 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 23rd day of January, 2002. COPIES FURNISHED: Frank Agoglia 16460 Southwest 146th Court Miami, Florida 33177-1781 Chriss Walker, Esquire Department of Revenue Child Support Enforcement Post Office Box 8030 Tallahassee, Florida 32314-8030 Louisa Warren, Esquire Department of Lottery 250 Marriott Drive Tallahassee, Florida 32301 Bruce Hoffmann, General Counsel Department of Revenue 204 Carlton Building Tallahassee, Florida 32399-0100 James Zingale, Executive Director Department of Revenue 104 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
Findings Of Fact In April 1990, DHRS advised the Petitioner that she owed the Department $7.00 for Food Stamps and $1,278 in excess AFDC which it had erroneously paid to her. On January 4, 1993, Petitioner submitted a claim to the Lottery based on an instant ticket she held. The ticket reflected that Petitioner was eligible for a prize of $1,000. On January 4, 1993, DHRS certified to the Lottery that Petitioner owed $7.00 in Food Stamp benefits and $1,278.00 in Aid to Families with Dependent Children benefits due to previous payments made to Petitioner in error. By letter dated January 15, 1993, 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 soon would notify her regarding the distribution of the funds. By letter dated January 26, 1993, DBF notified Petitioner that it was in receipt of her prize from the Lottery and that it intended to apply Petitioner's winnings to the debt owed to DHRS. In a letter received by DBF on February 5, 1993, Petitioner requested a formal hearing.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED: That the Department of Banking and Finance enter a final order upholding the application of Petitioner's lottery winnings in the amount of $1,000 in partial payment of the outstanding debt that Petitioner owned to DHRS. DONE and ENTERED this 7th day of May, 1993, in 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 7th day of May, 1993. Copies furnished: Gerald Lewis, Comptroller Department of Banking and Finance The Capitol Tallahassee, FL 32399-0350 Elsie Golden 6611 Hampton Road Pensacola, FL 32505 Leslie A. Meek, Assistant General Counsel Department of Banking and Finance The Capitol, Suite 1302 Tallahassee, FL 32399-0350 Ken Hart, General Counsel Department of the Lottery 250 Marriott Drive Tallahassee, FL 32301 Katrina Saggio Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, FL 32399-0700 Louisa H. Warren Department of the Lottery 250 Marriott Drive Tallahassee, FL 32399-4000
The Issue At issue in this proceeding is whether petitioner's lottery prize is subject to an outstanding debt to any state agency or owing child support collected through a court.
Findings Of Fact On June 16, 1993, petitioner submitted a claim to the Department of Lottery (Lottery) on a Black Jack Instant Ticket she held. Such ticket reflected that petitioner was eligible for a prize of $1,000.00. On June 17, 1993, the Department of Health and Rehabilitative Services (DHRS) certified to the Lottery that petitioner owed $1,224.00 in Aid to Families with Dependent Children benefit overpayments and $675.00 in Food Stamp benefit overpayments, for a total of $1,899.00. Thereafter, pursuant to Section 24.115(4), Florida Statutes, the Lottery transmitted the prize amount to the Department of Banking and Finance (DBF). By letter of June 28, 1993, DBF notified petitioner that it was in receipt of her prize from the Lottery and that it intended to apply the entire $1,000.00 toward the unpaid claim owing DHRS. Such letter, likewise, advised petitioner of her right to request a hearing to contest such action. By letter of July 13, 1993, petitioner requested a formal hearing to contest DBF's action, and the matter was referred to the Division of Administrative Hearings for the assignment of a Hearing Officer to conduct a formal hearing pursuant to Section 120.57(1), Florida Statutes. At hearing, the proof demonstrated that the only state warrants actually negotiated by petitioner, which represented an overpayment of benefits for Aid to Families with Dependent Children, totalled $612.00. All other state warrants which had been issued to petitioner, and upon which DHRS had initially calculated the debt owing to it from petitioner for overpayments of Aid to Families with Dependent Children and Food Stamp benefits, had been returned, unnegotiated, to the state. Accordingly, the total debt shown to be owing DHRS by petitioner was $612.00.
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 applying $612.00 of petitioner's lottery prize of $1,000.00 to satisfy the debt owing DHRS, and remit the balance of $388.00 to petitioner. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 15th day of October 1993. COPIES FURNISHED: Debra J. Ihasz 1529 61st Trail South West Palm Beach, Florida 33415 WILLIAM J. KENDRICK 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 15th day of October 1993. Scott C. Wright Assistant General Counsel Office of the Comptroller Suite 1302, The Capitol Tallahassee, Florida 32399-0350 Katrina M. Saggio Department of Health and Rehabilitative Services 1335 23 Winewood Boulevard Building One, Room 407 Tallahassee, Florida 32399-0700 Louisa Warren Department of Lottery 250 Marriott Drive Tallahassee, Florida 32301 The Honorable Gerald Lewis Comptroller, State of Florida The Capitol, Plaza Level Tallahassee, Florida 32399-0350 William G. Reeves General Counsel Department of Banking and Finance The Capitol, Room 1302 Tallahassee, Florida 32399-0350
The Issue Whether the full amount of the lottery prize winnings (remaining after deduction of federal tax withholding) that Petitioner claimed (on behalf of herself and 13 other members of her "Lotto pool") should be used to offset the debt Petitioner owes the Department of Education, Office of Student Financial Assistance.
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, including the factual stipulations of the parties,2 the following findings of fact are made: Petitioner is in default on three student loans that OSFA, as guarantor, purchased (upon Petitioner's default) from the lender on December 27, 2001, and continues to hold. As of September 10, 2003, Petitioner owed OSFA $12,503.79 on these defaulted loans. In May of 2003, Petitioner participated in a "Lotto pool" with 13 other individuals. Pool members agreed to contribute equally to the purchase of Florida lottery tickets and to share equally in any winnings. Petitioner was assigned the task of purchasing the tickets on behalf of the pool. One of the tickets Petitioner purchased was a winner (having five of the six selected numbers). The amount of the prize, after making an appropriate deduction for federal income tax withholding, was $3,262.00. On behalf of the pool, Petitioner submitted the winning ticket, with her name on it, to the Florida Department of the Lottery to claim the prize. At the request of the Florida Department of the Lottery, she completed an Internal Revenue Service (IRS) Form 5754. On the form, among other things, she identified the others in the pool with whom she intended to share the proceeds of the prize. On May 27, 2003, Olga Roca, a Program Specialist with OSFA, sent the following letter to the Florida Department of the Lottery: I hereby certify that the above referenced person [Petitioner] has an outstanding defaulted student[] loan. Under terms of § 24.115, F.S, I am requesting that lottery prize money won by that person be transmitted to the Florida Department of Education to be credited toward that debt. The balance due including interest accrued as of 6/11/03 totals $12,389.88. By letter dated June 2, 2003, the Florida Department of the Lottery advised Petitioner that, "[p]ursuant to Section 24.115(4), Florida Statutes, [it had] disbursed [her] winnings according to [Ms. Roca's May 27, 2003, letter]." A month later, on July 2, 2003, OSFA sent Petitioner a letter informing her that it "plan[ned] to apply the total amount of [her] $3,262.00 prize to [her] unpaid claim."3 It is this proposed agency action which is the subject of the instant controversy.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that OSFA take the action proposed in its July 2, 2003, letter to Petitioner. DONE AND ENTERED this 13th day of October, 2003, in Tallahassee, Leon County, Florida. S STUART M. LERNER 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 13th day of October, 2003.
The Issue How should the remainder of Petitioner's lottery prize winnings, which are currently held by the Department of Banking and Finance, be distributed in light of the provisions of Section 24.115, Florida Statutes?
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, the following Findings of Fact are made: On or about November 28, 1995, Petitioner presented for payment a lottery ticket that had a prize value of $1,560.00. By letter dated November 29, 1995, DOR certified to the Department of the Lottery (hereinafter referred to as "DOL") that Petitioner "owe[d] $1,319.88 in Title IV-D child support arrearages" as of the date of the letter. After receiving the letter, DOL transmitted the prize money to DBF. On or about December 26, 1995, DBF sent Petitioner a check in the amount of $240.12, along with a letter advising Petitioner that it was DBF's intention to give the balance ($1,319.88) of Petitioner's $1,560.00 lottery prize to DOR "in payment of [Petitioner's] debt." Petitioner disputed that he owed $1,319.88 in child support and requested an administrative hearing on the matter. In a Marital Settlement Agreement that Petitioner executed on May 10, 1991, he agreed to pay, through the State of Florida, $52.00 per week for the support of his and his wife's minor daughter. This Marital Settlement Agreement was approved and incorporated in a Final Judgement of Dissolution of [Petitioner's] Marriage, which was entered on July 29, 1991, in the Circuit Court of the Nineteenth Judicial Circuit in and for Okeechobee County. DOR's records reflect that, as of December 26, 1995, Petitioner owed $1,319.88 in past-due, court-ordered child support, and that, as of May 24, 1996 (the most recent date for which records were provided at the May 28, 1996, hearing in this case), Petitioner owed $1,436.72 in past-due, court-ordered child support. These records, however, do not reflect that, in March of 1994, the State of Florida received from the Internal Revenue Service, a $628.00 tax refund (for the 1993 tax year) owed Petitioner that should have been (but was not) credited to Petitioner's child support payment account. Accordingly, as of December 26, 1995, and May 24, 1996, Petitioner actually owed $691.88 and $808.72, respectively, in past-due, court-ordered child support.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Comptroller disburse the $1,319.88 that remains of Petitioner's lottery prize by issuing a state warrant to Petitioner in the amount of $511.16 and transferring the remaining $808.72 to DOR. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 26th day of June, 1996. STUART M. LERNER, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SC 278-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of June, 1996. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 96-0396 The following are the Hearing Officer's specific rulings on the "findings of facts" proposed by Respondents in their joint proposed recommended order: 1-5. Accepted as true and incorporated in substance, although not necessarily repeated verbatim, in this Recommended Order. Not incorporated in this Recommended Order because it would add only unnecessary detail to the factual findings made by the Hearing Officer. First sentence: Not incorporated in this Recommended Order because it would add only unnecessary detail to the factual findings made by the Hearing Officer; Second sentence: Accepted as true and incorporated in substance. First sentence: Not incorporated in this Recommended Order because it would add only unnecessary detail to the factual findings made by the Hearing Officer; Second sentence: Accepted as true and incorporated in substance. 9-10. Accepted as true and incorporated in substance. COPIES FURNISHED: Honorable Robert F. Milligan Comptroller, State of Florida The Capitol, Plaza Level Tallahassee, Florida 32399-0350 Harry Hooper, General Counsel Office of the Comptroller The Capitol, Room 1302 Tallahassee, Florida 32399-0350 Josephine Schultz, Chief Counsel Office of the Comptroller The Capitol, Suite 1302 Tallahassee, Florida 32399-0350 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 32399 Nurrudin Alomgir 927 South "G" Street, Apartment 3 Lake Worth, Florida 33460
Findings Of Fact 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. 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. 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. 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.
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
Findings Of Fact On November 18, 1991, petitioner submitted a claim to the Department of Lottery (Lottery) on a ticket he held for the "Play 4" drawing of November 17, 1991. Such ticket reflected that petitioner had correctly selected the four numbers drawn on that date, and rendered him eligible for a prize of $5,000.00. On December 17, 1991, the Department of Health and Rehabilitative Services (DHRS) certified to the Lottery that petitioner owed $2,891.45 in Title IV-D child support arrearage. Thereafter, by letter of December 20, 1991, the Lottery advised petitioner that DHRS had advised it of such outstanding debt and that, pursuant to Section 24.115(4), Florida Statutes, it had transmitted the prize amount to the Office of the Comptroller, Department of Banking and Finance (DBF). Petitioner was further advised that DBF would notify him shortly regarding the distribution of such funds. By letter of December 31, 1991, DBF notified petitioner that it was in receipt of his prize from the Lottery and that it intended to apply $2,891.45 toward the unpaid claim for child support. Such letter also enclosed state warrant number 1437325, dated December 27, 1991, in the amount of $2,108.55 in payment of the difference between the petitioner's prize and the unpaid claim for child support, and advised petitioner of his right to request a hearing to contest such action. By letter of January 15, 1992, petitioner acknowledged receipt of DBF's letter of December 31, 1991, disputed that any such obligation was outstanding, and requested a formal hearing. At hearing, the proof demonstrated that through a series of orders rendered in the matter of In Re: The Marriage of Mary B. Black, Petitioner/Wife v. Jessie Black, Respondent/Husband, Circuit Court, Dade County, Florida, Case No. 83-11702, petitioner was directed to pay child support for his minor children, with such payments to be made to the clerk of that court. As of December 17, 1991, the date DHRS certified the debt at issue in this case to the Lottery, petitioner owed $2,891.45 in Title IV-D child support arrearage. Such debt was, however, reduced by the sum of $5.28 by the Clerk of the Circuit Court, Dade County, Florida, on January 24, 1992, to properly reflect the fees charged to administer such account. Accordingly, the proof demonstrates that DBF should apply the sum of $2,886.17 from petitioner's prize toward the unpaid claim for child support.
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 which resolves the distribution of the balance of petitioner's lottery prize as follows: (1) that it pay to the Department of Health and Rehabilitative Services the sum of $2,886.17 towards satisfaction of petitioner's debt for child support, and (2) that it pay to petitioner the sum of $5.28 as the balance of his lottery prize. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 5th day of May 1992. WILLIAM J. KENDRICK 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 5th day of May 1992. COPIES FURNISHED: Jessie Black, pro se 420 Southwest 31st Street Fort Lauderdale, Florida 33312 Scott C. Wright, Esquire Assistant General Counsel Office of the Comptroller The Capitol, Suite 1302 Tallahassee, Florida 32399-0350 Chriss Walker, Esquire Department of Health and Rehabilitative Services 1317 Winewood Boulevard Building One, Room 407 Tallahassee, Florida 32399-0700 Louisa Warren Department of the Lottery 250 Marriott Drive Tallahassee, Florida 32301 The Honorable Gerald Lewis Comptroller, State of Florida The Capitol, Plaza Level Tallahassee, Florida 32399-0350 William G. Reeves General Counsel Department of Banking and Finance The Capitol Plaza Level, Room 1302 Tallahassee, Florida 32399-0350
The Issue The issue in this proceeding is whether part of Petitioner's lottery prize should be withheld and used to pay an allegedly outstanding debt for child support.
Findings Of Fact On April 15, 1990, Petitioner submitted a claim to the Department of the Lottery (Lottery) on a ticket he held for the Lotto drawing of April 14, 1990. The ticket reflected that Petitioner had correctly selected five of the six numbers drawn on April 14 and rendered him eligible for a prize of $4,334.50. On May 4, 1990, the Department of Health and Rehabilitative Services (DHRS) certified to the Lottery that Petitioner owed $3,625.00 in Title IV-D child support arrearage. By letter dated May 9, 1990, 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 the Department of Banking and Finance (DBF). Petitioner was further advised that DBF would notify him shortly regarding the distribution of the funds. By letter dated May 15, 1990, DBF notified Petitioner that it was in receipt of his prize from the Lottery and that it intended to apply $3,625.00 of the award toward the unpaid claim for child support. Enclosed with that letter was State of Florida warrant number 2537015 in the amount of $709.50 payable to Petitioner. This warrant was a partial payment of the lottery prize and represented the difference between the amount of the prize and the amount of chld support that HRS had certified as being due. In a letter received by DBF on May 30, 1990, Petitioner disputed that any obligation was outstanding and requested a formal hearing. On July 18, 1990, DHRS notified DBF that Petitioner's child support arrearage had been reduced by $2,154.82 as a result of an IRS tax refund interception. That letter indicated that, as a result of the interception, DHRS had calculated the amount of the Petitioner's outstanding child support obligation to be $1,470.18. In the letter, DHRS specifically relinquished its claim to the additional $2,154.82 it had originally certified. By letter dated July 30, 1990, DBF transmitted to Petitioner State of Florida warrant number 0129960 in the amount of $2,154.82. This warrant was a partial payment of the lottery prize and reduced the amount of the prize being held by DBF to $1,470.18. On July 18, 1991, General Master Helen T. Erstling entered a Recommended Order On Determination Of Arrears which concluded that as of July 11, 1991, Petitioner owed $1,568.68 in child support arrearage. That Recommended Order provided that DBF was authorized to release to DHRS up to $1,568.68 of Petitioner's lottery proceeds. On August 13, 1991, Circuit Court Judge George E. Orr of the Eleventh Judicial Circuit in and for Dade County, Florida, entered an Order Upon Recommended Order On Disputed Arrears which ratified and adopted the Recommended Order of the General Master. The arrearage calculated by the General Master and adopted by the court was calculated as of June 11, 1991, and established that, as of that date, Petitioner owed $1,568.68 in Title IV-D child support arrearage. Petitioner, the party responsible to make such payments, offered no proof at the hearing in this case to establish that such sum has been paid and/or is no longer owing. This arrearage exceeds the remaining amount of the lottery prize being held by DBF.
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 Petitioner's request for formal hearing, and that it pay to the Department of Health and Rehabilitative Services the $1,470.18 remainder of Petitioner's lottery prize in partial satisfaction of Petitioner's debt for child support. RECOMMENDED in Tallahassee, Leon County, Florida, this 16th day of October 1991. J. STEPHEN MENTON 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 16th day of October 1991. COPIES FURNISHED: Mr. Lawrence Fowler Apt. 202 9481 Evergreen Place Fort Lauderdale, Florida 33324 Bridget L. Ryan Assistant General Counsel Office of the Comptroller Suite 1302, The Capitol Tallahassee, Florida 32399-0350 Chriss Walker, Esquire Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Louisa Warren Department of the Lottery 250 Marriott Drive Tallahassee, Florida 32399 The Honorable Gerald Lewis Comptroller, State of Florida The Capitol, Plaza Level Tallahassee, Florida 32399-0350 William G. Reeves General Counsel Department of Banking and Finance The Capitol, Room 1302 Tallahassee, Florida 32399-0350
