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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REGULATION vs SULTAN RAFEEK, 14-005820 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-005820 Visitors: 29
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: Nov. 19, 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
Source:  Florida - Division of Administrative Hearings

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