PRIETO V. DEPT. OF BUSINESS
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM A.D., 2004 ** ANTONIO A. PRIETO, ** Appellant, ** CASE NO. 3D03-919 vs. ** FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATIONS, ** Appellee. LOWER TRIBUNAL NO. 02-2717PL ** Opinion filed June 16, 2004. An Appeal from the Professional Regulation. Florida Department of Business and Donald S. Rose, for appellant. Christopher J. DeCosta, for appellee. Before COPE, FLETCHER and RAMIREZ, JJ., PER CURIAM. Antonio A. Prieto appeals a suspension order entered by the Florida Department of Business and Professional Regulation. affirm. We Respondent-appellant Prieto is a state-certified residential real estate appraiser regulated under chapter 475, Florida Statutes. to have violated Statutes After an administrative hearing, he was found subsections (1995). The 475.624(14) Florida Real and Estate (15), Florida 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 ineffective. the theory him at the administrative hearing was He requests relief from the suspension order on that he received ineffective assistance of trial counsel. We reject Prieto s claim. Court s rejection dependency of a proceedings We think the Florida Supreme similar is claim dispositive in here. the context of S.B. v. See 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. right to counsel under Because there is no constitutional the circumstances of this case, we likewise find that there is no right to collaterally challenge the effectiveness of counsel. Id. at 693-94. 2 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, SC03-2113 (Fla. April 1, 2004). That case did not involve the issue now before us. Affirmed. 3
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