Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REGULATION
Respondent: SULTAN RAFEEK
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Palm Bay, Florida
Filed: Dec. 08, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 30, 2014.
Latest Update: Dec. 22, 2024
FILED
Department of Business and Frofesstonnl Regulation
Deputy Agency Clerk
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT
CLERK Evette Lawson-Proctor
Date = 4/10/2014
File #
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
v. Case No. 2013-011877
CILB/ECLB
SULTAN RAFEEK,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Department of Business and Professional Regulation
(“Petitioner”) files this Administrative Complaint against
Sultan Rafeek (“Respondent”) and alleges:
1. Petitioner is the state agency charged with regulating
the practice of construction and electrical contracting pursuant
to section 20.165, Florida Statutes (2012), and chapters 455 and
489, parts I & II, Florida Statutes (2012)..
2. Petitioner has jurisdiction over the unlicensed
practice of construction and electrical contracting pursuant to
sections 489,13 and 455.227, Florida Statutes (2012).
3, At no time material hereto was Respondent duly
registered or certified to engage in the practice of
construction or electrical contracting pursuant to chapter 489,
parts I & II, Florida Statutes (2012).
4, At no time material hereto was FSR4 Development Group,
LLC properly qualified to engage in the practice of construction
or electrical contracting pursuant to chapter 489, parts I & II,
Florida Statutes (2012).
5S. Respondent’s last known address is 1705 Sawgrass Dr.
SW, Palm Bay, FL 32908.
6. On or about January 6, 2013, Respondent d/b/a FSRZ
Development Group, LLC contracted to perform regulated
construction and electrical services for compensation at 170
Enterprise Ave. SE, Palm Bay, FL 32909.
7. The scope of the construction work included, but was
not limited to, installing three sinks, installing one toilet,
installing a hot water heater, and additional plumbing as
needed.
8. The scope of the electrical work included, but was not
limited to, installing 32 spotlights and additional electrical
work as needed.
9. Respondent, d/b/a FSRZ Development Group, LLC, received
compensation in the amount of $30,000.00.
COUNT ONE
10. Petitioner realleges and incorporates by reference
allegations set forth in paragraphs one through nine as though
fully set forth herein.
11. Based upon the foregoing, Respondent violated section
489.13(1), Florida Statutes (2012), by “performing an activity
requiring licensure under [chapter 489, part I, Florida Statutes
(2012)] as a construction contractor” without the requisite
license.
COUNT TWO
12. Petitioner realleges and incorporates by reference
allegations set forth in paragraphs one through nine as though
fully set forth herein.
13. Section 489.531(1) (a), Florida Statutes (2012),
provides that a person may not practice electrical contracting
without the requisite license.
14. Based upon the foregoing, Respondent violated
455.227(1)(q), Florida Statutes (2012), by practicing electrical
contracting without the requisite license in violation of
section 489,.531(1) (a), Florida Statutes (2012).
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, parts I & II, Florida Statutes (2012),
and the rules promulgated thereunder.
(Signature Page Follows)
DBPR v. Sultan Rafeek
Case No. 2013-011877
Signature Page
Signed this 7* day of January, 2014,
By:
PC Found: January 7,
By:
2014
ERIN RENEE HENNIGAN
ERH/dd
KEN LAWSON, Secretary
Department of Business and
Professional Regulation
[sf Evin Renee Hennigan
Erin Renee Hennigan
Assistant General Counsel
Florida Bar No. 99450
Department of Business and
Professional Regulation
Office of the General Counsel
1940 North Monroe St., Ste. 42
Tallahassee, Florida 32399-2202
(850) 488-0062 Telephone
(850) 921-9186 Facsimile
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: 14-005820