ANTONIO A. PRIETO, APPELLANT,
v.
FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATIONS, APPELLEE
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The court held that there is no constitutional right to effective assistance of counsel in administrative proceedings, and therefore no right to collaterally challenge the effectiveness of counsel in such a context.
Antonio A. Prieto, a state-certified residential real estate appraiser, appealed a suspension order from the Florida Department of Business and Profes…
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PER CURIAM.
Antonio A. Prieto appeals a suspension order entered by the Florida Department of Business and Professional Regulation. We affirm.
Respondent-appellant Prieto is a state-certified residential real estate appraiser regulated under chapter 475, Florida Statutes. After an administrative hearing, he was found to have violated subsections 475.624(14) and (15), Florida Statutes (1995). The Florida Real Estate Appraisal Board adopted the recommended order of the Administrative Law Judge. The Board imposed a $3,000 fine, suspended Prieto’s license for five years, and imposed the requirement that Prieto complete a continuing education course prior to reinstatement.
On this appeal, Prieto contends that predecessor counsel who represented him at the administrative hearing was ineffective. He requests relief from the suspension order on the theory that he received ineffective assistance of trial counsel. We reject Prieto’s claim. We think the Florida Supreme Court’s rejection of a similar claim in the context of dependency proceedings is dispositive here. See S.B. v. Department of Children and Families, 851 So. 2d 689 (Fla.2003). The S.B. court said, “The constitutional right to counsel is not implicated in this case. Because there is no constitutional right to counsel under the circumstances of this case, we likewise find that there is no right to collaterally challenge the effectiveness of counsel.” Id. at 693-94.
Prieto argues that we recognized such a claim in Diaz de la Portilla v. Florida Elections Commission, 857 So. 2d 913 (Fla. 3d DCA 2003) review denied, No. SC03-2112, 872 So. 2d 898, SC03-2113, 872 So. 2d 899 (Fla. April 1, 2004). That case did not involve the issue now before us.
Affirmed.
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Mullins v. Dep't OF LAW Enf't, 942 So. 2d 998 (Fla. 5th DCA 2006)…on of parental rights, there is no right to pursue a collateral proceeding questioning the competency of court-appointed counsel. The third district court, relying on S.B., held in Prieto v. Florida Department of Business & Professional Regulations, 876 So. 2d 633 (Fla. 3d DCA 2004), that a state-certified residential real estate appraiser did not have a constitutional right to counsel in an administrative hearing for license suspension, and, thus, did not have the right to collaterally challenge the effectiv…
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Weaver v. Dep't of Health, 215 So. 3d 1283 (Fla. 5th DCA 2017)…her nursing license. See Mullins, 942 So. 2d at 1001 (concluding that officer had no right to collaterally challenge effectiveness of his counsel in revocation of his law enforcement license proceedings); Prieto v. Fla. Dep’t of Bus. & Prof'l Regs., 876 So. 2d 633, 633-34 (Fla. 3d DCA 2004) (rejecting ineffective assistance claim brought by real estate appraiser to challenge agency’s suspension of his license). AFFIRMED. ORFINGER and BERGER, JJ., and JACOBUS, B.W., Senior Judge, concur.…
Authorities Cited
- S.B. v. Dep't OF Child. & Families, 851 So. 2d 689 (Fla. 2003)
- Senator Alex Diaz de la Portilla v. Fla. Elections Comm'n, 857 So. 2d 913 (Fla. 3d DCA 2003)