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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs CRAIG H. BUTTERFIELD, 18-006285PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-006285PL Visitors: 19
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: CRAIG H. BUTTERFIELD
Judges: LAWRENCE P. STEVENSON
Agency: Department of Business and Professional Regulation
Locations: Altamonte Springs, Florida
Filed: Nov. 28, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 22, 2019.

Latest Update: Nov. 16, 2024
FILED Department of Business and Professional AGENCY CLERK CLERK Ronda L. Bryan 9/10/2018 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2018-025167 CRAIG H. BUTTERFIELD, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Department Of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Florida Real Estate Appraisal Board, against Respondent, CRAIG H. BUTTERFIELD (Respondent), and alleges: 1. Petitioner is the state agency charged with regulating the practice of real estate appraisal pursuant to Section 20.165, Florida Statutes, and Chapters 120, 455, and 475 of the Florida Statutes. 2. At all times material to this Complaint, Respondent was licensed as a state certified general real estate appraiser in the State of Florida, having been issued license number RZ 1063. 3. Respondent’s address of record with Petitioner is 2711 North Halifax Avenue, #178, Daytona Beach, Florida 32118. 4, Pursuant to Final Adjudication and Order, effective June 2, 2016, at Docket No. 1425-70-14, File No. 12-70-04305, the Pennsylvania State Board of Certified Real Estate Appraisers levied a civil penalty of $2000.00, imposed costs of investigation of $9,100.00, DBPR v. Craig H. Butterfield Case No. 2018-025167 Page 2 of 4 actively suspended Respondent for at least one (1) year (immediately stayed in favor of probation), and required Respondent to satisfactorily complete the 15-hour National USPAP Course within six (6) months of the Order. 5. Respondent failed to pay the civil penalty and costs of investigation and failed to complete the required course. 6. Pursuant to the Final Order in Commonwealth of Pennsylvania, Bureau of Professional and Occupational Affairs v. Crag H. Butterfield, Docket No. 1329-70-17, File No. 17-70-05533, dated January 19, 2018, the Respondent’s certificate to practice real estate appraising in Pennsylvania, #GA003617, was suspended for at least one (1) year. COUNT ONE de Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through six (6). 8. Section 475.624(6), Florida Statutes, subjects a real estate appraiser licensee to discipline if he “[h]as a registration, license, or certification as an appraiser revoked, suspended, or otherwise acted against; has been disbarred; has had her or his registration, license, or certificate to practice or conduct any regulated profession, business, or vocation revoked or suspended by this or any other state, any nation, or any possession or district of the United States; or has had an application for such registration, licensure, or certification to practice or conduct any regulated profession, business, or vocation denied by this or any other state, any nation, or any possession or district of the United States.” 9. Based on the foregoing, Respondent is subject to discipline under Section 475,624(6), Florida Statutes. DBPR v. Craig H. Butterfield Case No. 2018-025167 Page 3 of 4 WHEREFORE, Petitioner respectfully requests the Board of Real Estate Appraisal enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent’s license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, assessment of costs, corrective action and/or any other relief that the Board deems appropriate. Signed this 6" day of September, 2018. Jonathan Zachem, Secretary Department of Business and Professional Regulation By: /s/ Daold W. Aring David W. Aring Assistant General Counsel Florida Bar No. 0621471 Florida Department of Business and Professional Regulation Office of the General Counsel 2601 Blair Stone Road Tallahassee, FL 32399 (850) 717-1216 - Telephone (850) 921-9186 - Facsimile PCP Date: 09.05.18 PCP Members: E. Oreto / J. Herndon DBPR v. Craig H. Butterfield Case No. 2018-025167 Page 4 of 4 NOTICE OF RIGHTS PLEASE BE ADVISED that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that Respondent has the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross- examine witnesses, and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to section 455.227(3)(a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against Respondent in addition to any other discipline imposed.

Docket for Case No: 18-006285PL
Issue Date Proceedings
Jan. 22, 2019 Order Closing File. CASE CLOSED.
Jan. 18, 2019 Notice of Appearance (Mackenzie Medich) filed.
Jan. 16, 2019 Notice of Telephonic Pre-hearing Conference (set for January 18, 2019; 1:00 p.m.).
Jan. 15, 2019 Petitioner's Amended Witness List filed.
Jan. 09, 2019 Notice of Court Reporter filed.
Jan. 07, 2019 Petitioner's Motion to Take Official Recognition filed.
Jan. 04, 2019 Petitioner's Motion to Deem Petitioner's Request for Admissions Contained within Petitioner's First Interlocking Discovery Request as Admitted; Deem the Final Orders from the Commonwealth of Pennsylvania as Admitted as Self Authenticating Documents; and to Relinquish Jurisdiction as there are No Facts in Dispute filed.
Jan. 04, 2019 Notice of Appearance (Alphonse Cheneler) filed.
Dec. 26, 2018 Undeliverable envelope returned from the Post Office.
Dec. 20, 2018 Motion to be Heard by Video Deposition From Out of State filed.
Dec. 20, 2018 Letter to PA - could not attend hearing and RICO (Racketeering) filed by Respondent.
Dec. 20, 2018 Respondent's initial response for Florida filed.
Dec. 20, 2018 Respondent's response to Michael Hanson filed.
Dec. 20, 2018 Respondent's response to false accusations - Additional Detail filed.
Dec. 20, 2018 Respondent's response to false accusations - Bullet Points filed.
Dec. 11, 2018 Petitioner's Witness List filed.
Dec. 10, 2018 Undeliverable envelope returned from the Post Office.
Dec. 10, 2018 Order of Pre-hearing Instructions.
Dec. 10, 2018 Notice of Hearing by Video Teleconference (hearing set for January 28, 2019; 9:00 a.m.; Altamonte Springs and Tallahassee, FL).
Dec. 06, 2018 Petitioner's and Respondent's Joint Response to Initial Order filed.
Dec. 05, 2018 Notice of Petitioner's First Interlocking Discovery Requests filed.
Nov. 30, 2018 Initial Order.
Nov. 28, 2018 Election of Rights filed.
Nov. 28, 2018 Administrative Complaint filed.
Nov. 28, 2018 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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