Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: SEAN STERLING
Judges: LISA SHEARER NELSON
Agency: Department of Business and Professional Regulation
Locations: Cape Canaveral, Florida
Filed: Dec. 21, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 27, 2016.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
v. Case No. 2016-009036
ECLB
SEAN STERLING,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Department of Business and Professional Regulation (“Petitioner”) files this
Administrative Complaint against Sean Sterling (“Respondent”), and alleges:
1. Petitioner is the state agency charged with regulating the practice of electrical
contracting pursuant to section 20.165, Florida Statutes, and chapters 455 and 489, Florida Statutes.
2. Petitioner has jurisdiction over the unlicensed practice of electrical contracting
pursuant to sections 455.227, 455.228, and 489.531, Florida Statutes.
3. At no time material hereto was Respondent duly registered or certified to engage in
the practice of electrical contracting pursuant to chapter 489, Florida Statutes.
4. At no time material hereto was Sterling Services an entity properly qualified under
the provisions of chapter 489, Florida Statutes.
5. Respondent’s last known address is 8412 Canaveral Boulevard, Cape Canaveral,
Florida 32920.
6. On or about October 16, 2015, Respondent, D/B/A Sterling Services, offered,
contracted or performed regulated electrical contracting services, including but not limited to, re-
wiring multiple ceiling fans, moving wall switches, installing lights, and adding outlets, at 1851 Sun
Gazer Drive, Rockledge, Florida 32955.
7. Respondent offered, contracted or performed the regulated services at issue for
compensation.
8. Section 455.227(1)(q), Florida Statutes, provides “violating... the applicable
professional practice act...” shall constitute grounds for which disciplinary actions may be taken.
9. Section 489.531(1)(@), Florida Statutes, provides “a person may not practice
[electrical] contracting unless the person is certified or registered.”
10. Based upon the foregoing, Respondent violated section 455.227(1)(q), Florida
Statutes, by practicing electrical contracting without the requisite license, in violation of section
489.531(1)(a), Florida Statutes.
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.
Signed this 20th day of September, 2016.
KEN LAWSON, Secretary
Department of Business and
Professional Regulation
By: — /s/ Wayne Mitchell
Wayne Mitchell
Florida Bar No. 869414
Assistant General Counsel
Office of the General Counsel
Unlicensed Activity
Department of Business and
Professional Regulation
2601 Blair Stone Road
Tallahassee, FL 32399
Ph: (850) 717-1709
Wayne.Mitchell@myfloridalicense.com
PC Found: September 20, 2016
By: DBPR
AWR
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: 16-007530