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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs BILLY LORENZO BUTLER, 20-003276 (2020)

Court: Division of Administrative Hearings, Florida Number: 20-003276 Visitors: 4
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: BILLY LORENZO BUTLER
Judges: YOLONDA Y. GREEN
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Jul. 17, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 15, 2020.

Latest Update: Jun. 15, 2024
FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK «= Evetile Lawson-Proclor Date 4/17/2020 STATE OF FLORIDA Fle # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2020-001000 CILB BILLY LORENZO BUTLER, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint against Billy Lorenzo Butler (“Respondent”) and alleges: 1. Petitioner is the state agency charged with regulating the practice of construction contracting pursuant to section 20.165, Florida Statutes, and chapters 455 and 489, Florida Statutes. 2: Petitioner has jurisdiction over the unlicensed practice of construction contracting pursuant to sections 455.227, 455.228, and 489.13, Florida Statutes. 3. At no time material hereto was Respondent duly registered or certified to engage in the practice of construction contracting pursuant to chapter 489, Florida Statutes. 4. At no time material hereto was Realty Builders, Inc. an entity properly qualified under the provisions of chapter 489, Florida Statutes. 5. Respondent’s last known address is 2454 Eisner Drive, Jacksonville, Florida 32218. 6. On or about June 25, 2019, Respondent, D/B/A Realty Builders, Inc., offered, contracted, or performed regulated construction contracting services, including but not limited to, constructing a new single family home, at 7862 Paul Jones Drive, Jacksonville, Florida 32208. 7. Respondent offered, contracted, or performed the regulated services at issue for compensation. 8. Section 489.13(1), Florida Statutes, provides “any person performing an activity requiring licensure under [chapter 489, part I, Florida Statutes] as a construction contractor is guilty of unlicensed contracting if he or she does not hold a valid active certificate or registration authorizing him or her to perform such activity...” 9. Based upon the foregoing, Respondent violated section 489.13(1), Florida Statutes, by performing an activity requiring licensure under chapter 489, part I, Florida Statutes, as a construction contractor without the requisite license. WHEREFORE, Petitioner requests that a Final Order be entered imposing one or more of the following: an administrative fine, assessment of costs related to the investigation, and/or any other relief the Department is authorized to impose pursuant to chapters 455 and 489, Florida Statutes, and the rules promulgated thereunder. (SIGNATURE PAGE FOLLOWS) Signed this 19" day of March, 2020. HALSEY BESHEARS, Secretary Department of Business and Professional Regulation By: /s/ Maureen Y. White Maureen Y. White Florida Bar No. 0106794 Chief Attorney Office of the General Counsel Unlicensed Activity Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, FL 32399-2202 Ph: (850) 717-1234 Contact Information: Please contact Eduardo Morles at (850) 717-1252 or Eduardo.Morles@myfloridalicense.com for more information. PC Found: March 19, 2020 By: DBPR EM 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 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. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 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: 20-003276
Issue Date Proceedings
Oct. 21, 2020 Transmittal letter from Loretta Sloan forwarding Petitioner's Exhibits to Petitioner.
Oct. 15, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 15, 2020 Notice of Settlement and Agreed Motion to Relinquish Jurisdiction filed.
Sep. 18, 2020 Order Accepting Qualified Representative.
Sep. 18, 2020 Petitioner's Amended Motion to Accept Qualified Representative filed.
Sep. 16, 2020 Petitioner's Amended Motion for Judicial Recognition filed.
Sep. 15, 2020 Order on Petitioner's Motion to Accept Qualified Representative.
Sep. 15, 2020 Order On Petitioner's Motion for Official Recognition.
Sep. 14, 2020 Petitioner's Amended Motion to Accept Qualified Representative filed.
Sep. 11, 2020 Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for October 21, 2020; 9:30 a.m.; Tallahassee).
Sep. 11, 2020 CASE STATUS: Motion Hearing Held.
Sep. 11, 2020 Notice of Telephonic Motion Hearing (motion hearing set for September 11, 2020; 11:30 a.m.).
Sep. 09, 2020 Petitioner's Uncontested Motion for Continuance filed.
Sep. 04, 2020 Petitioner's Motion to Accept Qualified Representative filed.
Sep. 04, 2020 Petitioner's Motion for Judicial Recognition filed.
Sep. 04, 2020 Petitioner's Witness List filed.
Sep. 04, 2020 Petitioner's Notice of Filing Exhibits filed.
Sep. 04, 2020 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Aug. 18, 2020 Amended Notice of Hearing by Zoom Conference (hearing set for September 14, 2020; 9:30 a.m.; Tallahassee; amended as to Type of hearing).
Aug. 14, 2020 Motion for Videoconference Hearing filed.
Aug. 06, 2020 Notice of Service of Petitioner's First Set of Admissions, Interrogatories and Request for Production filed.
Jul. 29, 2020 Order of Pre-hearing Instructions.
Jul. 29, 2020 Notice of Hearing (hearing set for September 14, 2020; 9:30 a.m.; Tallahassee).
Jul. 22, 2020 Joint Response to Initial Order filed.
Jul. 17, 2020 Initial Order.
Jul. 17, 2020 Election of Rights filed.
Jul. 17, 2020 Petitioner's Notice of Scrivener's Error filed.
Jul. 17, 2020 Administrative Complaint filed.
Jul. 17, 2020 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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